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Planning Commission

Regular Meeting

Fresno, CA · August 7, 2024

AgendaMinutes

Minutes

City of Fresno City Hall Council Chambers 2600 Fresno Street Meeting Minutes - Final Wednesday, August 7, 2024 6:00 PM Regular Meeting City Hall, Council Chambers Planning Commission Chairperson – Peter Vang Vice Chair - Kathy Bray Commissioner – David Criner Commissioner – Monica Diaz Commissioner – Jacqueline Lyday Commissioner - Linda M Calandra Commissioner – Gurdeep Singh Shergill Planning Commission Meeting Minutes - Final August 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 by attending a meeting in the Council Chambers, City Hall, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721. When called to speak during a meeting, you may approach the speaker podium upon the Chair’s call for public comment. 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, 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 3. 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. 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 City of Fresno ***Subject to Mayoral Veto Page 2 Planning Commission Meeting Minutes - Final August 7, 2024 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 August 7, 2024 I. ROLL CALL Chair Vang called the meeting to order at 6:00 p.m. Commissioner Shergill arrived at 6:01 p.m. Also present were Jennifer Clark, Ashley Atkinson, Israel Trejo, Phillip Siegrist, Ralph Kachadourian, Kari Camino, Heather Thomas (CAO), Harmanjit Dhaliwal (DPW), and Dejan Pavic (DPU). Present 6 - Chairperson Peter Vang, Commissioner David Criner , Commissioner Monica Diaz, Commissioner Jacqueline G. Lyday, Commissioner Linda Calandra, and Commissioner Gurdeep Singh Shergill Absent 1 - Commissioner Kathy Bray II. PLEDGE OF ALLEGIANCE 6:01 p.m. III. PROCEDURES - PROCEDIMIENTOS - KEV SAB LAJ 6:01 p.m. Chair Vang read the procedures aloud. IV. AGENDA APPROVAL 6:03 p.m. Trejo asked to continue item ID 24-1036 (VII-A) until the August 21, 2024 Planning Commission Meeting at the request of the Applicant. Trejo also made a correction to item ID 24-1027 (VIII-A). Sub-item one should say "Adoption", rather than "Consideration". He confirmed no other changes to the agenda. Chair Vang confirmed no additional changes were noted. On motion of Commissioner Calandra, seconded by Commissioner Diaz, the AGENDA was APPROVED AS AMENDED. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 4 Planning Commission Meeting Minutes - Final August 7, 2024 Aye: 6 - Chairperson Vang, Commissioner Criner , Commissioner Diaz, Commissioner Lyday, Commissioner Calandra, and Commissioner Shergill Absent: 1 - Commissioner Bray V. CONSENT CALENDAR 6:04 p.m. On motion of Commissioner Criner, seconded by Commissioner Calandra, the CONSENT CALENDAR was APPROVED. The motion carried by the following vote: Aye: 6 - Chairperson Vang, Commissioner Criner , Commissioner Diaz, Commissioner Lyday, Commissioner Calandra, and Commissioner Shergill Absent: 1 - Commissioner Bray V-A ID 24-1000 July 3, 2024 Planning Commission Regular Meeting Minutes V-B ID 24-1042 July 17, 2024 Planning Commission Regular Meeting Minutes VI. REPORTS BY COMMISSIONERS 6:04 p.m. None VII. CONTINUED MATTERS City of Fresno ***Subject to Mayoral Veto Page 5 Planning Commission Meeting Minutes - Final August 7, 2024 VII-A ID 24-1036 CONTINUED FROM JULY 17, 2024 Consideration of an appeal regarding Tentative Parcel Map No. 2023-13 and related Environmental Assessment No. TPM 2023-13 for approximately 2.91 acres of property located on the northeast corner of North West and West Olive Avenues (Council District 3) - Planning and Development Department. 1. APPROVE Environmental Assessment No. TPM-2023-13 dated February 6, 2024, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) Guidelines through a Section 15315/Class 15 Categorical Exemption. 2. DENY the appeal and UPHOLD the action of the Planning and Development Department Director in the approval of Tentative Parcel Map No. 2023-13 authorizing the subdivision of approximately 2.67 acres of property into a two-lot subdivision, subject to the following: a. Development shall take place in accordance with the Conditions of Approval for Tentative Parcel Map No. 2023-13 dated July 3, 2024. 6:05 p.m. Item VII-A (ID 24-1036) is being continued as noted during Agenda Approval. City of Fresno ***Subject to Mayoral Veto Page 6 Planning Commission Meeting Minutes - Final August 7, 2024 VII-B ID 24-1031 CONTINUED FROM JULY 3, 2024 City Council initiated General Plan Amendment and Rezone Application No. P24-00589, and related Environmental Assessment pertaining for two (2) adjoining parcels of approximately ±2.26 acres (total) located at the northwest corner of East McKinley and North Fine Avenues. (Council District 4) - Planning and Development Department. 1. RECOMMEND CONSIDERATION (to the City Council) of the Environmental Assessment for P24-00589 of a Negative Declaration, dated May 31, 2024, prepared for the proposed plan amendment/rezone pursuant to California Environmental Quality Act (CEQA) Guidelines; and 2. RECOMMEND CONSIDERATION (to the City Council) of General Plan Amendment No. P24-00589 to amend the planned land use designation of the subject (±2.26 acres) properties from Employment - Light Industrial to Commercial - Community; and 3. RECOMMEND CONSIDERATION (to the City Council) of Rezone No. P24-00589 to rezone the subject (±2.26 acres) properties from the IL (Light Industrial) zone district to the CC (Community Commercial) zone district consistent with the amended land use designation. From 6:09 p.m. to 6:26 p.m. the Planning Commission meeting was on hold due to technical difficulties. 6:27 p.m. Kachadourian presented a recap of the City Council initiated General Plan Amendment and Rezone. He discussed the location, existing and proposed land use and zoning, discussions held with the property owners, and public outreach. He further explained the Fresno Municipal Code criteria and the options available for consideration. Staff was available for questions. John Kinsey (Attorney for Property Owner A) thanked Staff and the Commissioners for granting them the continuances to allow for discussion among the property owners. He stated his client is in agreement with the Rezone and Staff's recommendations and does not wish to delay anymore. He was available for questions. City of Fresno ***Subject to Mayoral Veto Page 7 Planning Commission Meeting Minutes - Final August 7, 2024 No public comment was given. On motion of Commissioner Calandra, seconded by Commissioner Diaz, that the above Action Item be RECOMMENDED FOR APPROVAL. The motion carried by the following vote: Aye: 6 - Chairperson Vang, Commissioner Criner , Commissioner Diaz, Commissioner Lyday, Commissioner Calandra, and Commissioner Shergill Absent: 1 - Commissioner Bray VIII. NEW MATTERS City of Fresno ***Subject to Mayoral Veto Page 8 Planning Commission Meeting Minutes - Final August 7, 2024 VIII-A ID 24-1027 Consideration of an appeal related to Conditional Use Permit Application No. P23-03592 and related Environmental Assessment No. P23-03592, pertaining to an existing ±11,250 square-foot vacant building located on a ±0.26-acre parcel at the northwest corner of Stanislaus and M Streets in downtown Fresno (Council District 3) - Planning & Development Department. 1. CONSIDERATION of Environmental Assessment No. P23-03592, dated July 23, 2024, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 1 (Existing Facilities) Categorical Exemption; and, 2. DENY the appeal and UPHOLD the action of the Planning Director to approve Conditional Use Permit Application No. P23-03592 and related Environmental Assessment No. P23-03592, authorizing the expansion of an existing legal non-conforming Auto/Vehicle Repair (Major) land use and related site operations into a vacant building located across the street subject to compliance with the Conditions of Approval dated April 23, 2024. 6:35 p.m. As noted during Agenda Approval, the title for sub-item 1 should read "Adoption" rather than "Consideration". Siegrist made a presentation on the project including location, land use, zoning, public outreach, and Staff recommendations. He also gave information about the background/services provided by A-1 Auto Electric and the circumstances and requirements of the Conditional Use Permit application. The property owners and Staff were available for questions. Mark Gilio (Applicant) said the expansion into the vacant building across the street would allow them to have a waiting room for customers with lighter automotive jobs such as oil changes and brake changes. He reported it will provide new job opportunities, clean up the area, and make improvements to the building. Public Comment: One person spoke in favor of the project, citing personal experience as a long time customer. No one spoke in opposition. City of Fresno ***Subject to Mayoral Veto Page 9 Planning Commission Meeting Minutes - Final August 7, 2024 On motion of Commissioner Calandra, seconded by Commissioner Criner, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 6 - Chairperson Vang, Commissioner Criner , Commissioner Diaz, Commissioner Lyday, Commissioner Calandra, and Commissioner Shergill Absent: 1 - Commissioner Bray IX. REPORT BY SECRETARY 6:51 p.m. None X. SCHEDULED ORAL COMMUNICATIONS N/A XI. UNSCHEDULED ORAL COMMUNICATIONS ID 24-430 Public Comment Received 6:51 p.m. 3 members of the public spoke about the Southwest Fresno Specific Plan. They spoke about the community environmental health statistics, limited food and beverage choices, low education attainment, household income, poverty, and pollution. Commissioners asked where the statistical data was pulled from and if meetings with the HEAT team could be arranged to allow the public and Long Range planners to bring awareness and increase communication. XII. ADJOURNMENT Chair Vang adjourned the meeting at 7:14 p.m. City of Fresno ***Subject to Mayoral Veto Page 10

Agenda

City of Fresno City Hall Council Chambers 2600 Fresno Street Meeting Agenda - Final-revised Wednesday, August 7, 2024 6:00 PM Regular Meeting City Hall, Council Chambers Planning Commission Chairperson – Peter Vang Vice Chair - Kathy Bray Commissioner – David Criner Commissioner – Monica Diaz Commissioner – Jacqueline Lyday Commissioner - Linda M Calandra Commissioner – Gurdeep Singh Shergill Planning Commission Meeting Agenda - August 7, 2024 Final-revised 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 by attending a meeting in the Council Chambers, City Hall, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721. When called to speak during a meeting, you may approach the speaker podium upon the Chair’s call for public comment. 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, 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 3. 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. Should any of these viewing methods listed above experience technical difficulties, the Commission meeting will continue uninterrupted. Commission meetings will only City of Fresno Page 2 Planning Commission Meeting Agenda - August 7, 2024 Final-revised 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 - August 7, 2024 Final-revised 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 24-1000 July 3, 2024 Planning Commission Regular Meeting Minutes Sponsors: Planning and Development Department Attachments: Exhibit A - July 3, 2024 DRAFT Planning Commission Minutes City of Fresno Page 4 Planning Commission Meeting Agenda - August 7, 2024 Final-revised V-B ID 24-1042 July 17, 2024 Planning Commission Regular Meeting Minutes Sponsors: Planning and Development Department Attachments: Exhibit A - July 17, 2024 DRAFT Planning Commission Minutes VI. REPORTS BY COMMISSIONERS VII. CONTINUED MATTERS City of Fresno Page 5 Planning Commission Meeting Agenda - August 7, 2024 Final-revised VII-A ID 24-1036 CONTINUED FROM JULY 17, 2024 Consideration of an appeal regarding Tentative Parcel Map No. 2023-13 and related Environmental Assessment No. TPM 2023-13 for approximately 2.91 acres of property located on the northeast corner of North West and West Olive Avenues (Council District 3) - Planning and Development Department. 1. APPROVE Environmental Assessment No. TPM-2023-13 dated February 6, 2024, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) Guidelines through a Section 15315/Class 15 Categorical Exemption. 2. DENY the appeal and UPHOLD the action of the Planning and Development Department Director in the approval of Tentative Parcel Map No. 2023-13 authorizing the subdivision of approximately 2.67 acres of property into a two-lot subdivision, subject to the following: a. Development shall take place in accordance with the Conditions of Approval for Tentative Parcel Map No. 2023- 13 dated July 3, 2024. Sponsors: Planning and Development Department Attachments: Exhibit A – Tentative Parcel Map 2023-13 [10-24-2023] Exhibit B – Appeal Letter [2-14-2024 & 6-21-2024] Exhibit C – Appeal Letter [2-16-2024] Exhibit D – Operational Statement [10-24-2024] Exhibit E - Aerial Map Exhibit F – Fresno Municipal Code Findings Exhibit G – Public Hearing Notice Radius Map (1,000 feet) Exhibit H - Conditions of Approval for Tentative Parcel Map 2023-13 [7-3-2024] Exhibit I – Comments & Requirements from Responsible Agencies Exhibit J – Environmental Assessment TPM-2023-13 [2-6-2024] City of Fresno Page 6 Planning Commission Meeting Agenda - August 7, 2024 Final-revised VII-B ID 24-1031 CONTINUED FROM JULY 3, 2024 City Council initiated General Plan Amendment and Rezone Application No. P24-00589, and related Environmental Assessment pertaining for two (2) adjoining parcels of approximately ±2.26 acres (total) located at the northwest corner of East McKinley and North Fine Avenues. (Council District 4) - Planning and Development Department. 1. RECOMMEND CONSIDERATION (to the City Council) of the Environmental Assessment for P24-00589 of a Negative Declaration, dated May 31, 2024, prepared for the proposed plan amendment/rezone pursuant to California Environmental Quality Act (CEQA) Guidelines; and 2. RECOMMEND CONSIDERATION (to the City Council) of General Plan Amendment No. P24-00589 to amend the planned land use designation of the subject (±2.26 acres) properties from Employment - Light Industrial to Commercial - Community; and 3. RECOMMEND CONSIDERATION (to the City Council) of Rezone No. P24-00589 to rezone the subject (±2.26 acres) properties from the IL (Light Industrial) zone district to the CC (Community Commercial) zone district consistent with the amended land use designation. Sponsors: Planning and Development Department Attachments: Exhibit A - Project Location Map Exhibit B - Council Resolution 2023-264 [9/28/2023] Exhibit C - Land Use Diagram Exhibit D - Zoning Diagram Exhibit E - Public Hearing Notice & Mailing Radius Diagram Exhibit F - Airport Land Use Commission Letter [4/11/2024] Exhibit G - Fresno Municipal Code RZ/PA Criteria Exhibit H - Environmental Assessment [5/31/2024] Exhibit I - Cross Parking & Access Agreement [11/17/1981] Exhibit J - Zone Districts/Uses Comparison List Exhibit K - Property Owners Discussion Status (6/27/24 email) VIII. NEW MATTERS City of Fresno Page 7 Planning Commission Meeting Agenda - August 7, 2024 Final-revised VIII-A ID 24-1027 Consideration of an appeal related to Conditional Use Permit Application No. P23-03592 and related Environmental Assessment No. P23-03592, pertaining to an existing ±11,250 square-foot vacant building located on a ±0.26-acre parcel at the northwest corner of Stanislaus and M Streets in downtown Fresno (Council District 3) - Planning & Development Department. 1. CONSIDERATION of Environmental Assessment No. P23-03592, dated July 23, 2024, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 1 (Existing Facilities) Categorical Exemption; and, 2. DENY the appeal and UPHOLD the action of the Planning Director to approve Conditional Use Permit Application No. P23-03592 and related Environmental Assessment No. P23- 03592, authorizing the expansion of an existing legal non-conforming Auto/Vehicle Repair (Major) land use and related site operations into a vacant building located across the street subject to compliance with the Conditions of Approval dated April 23, 2024. 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 - Operational Statement Exhibit F - Exhibits (Site Plan, & Elevation Photos) Exhibit G - Conditions of Approval [4/23/2024] Exhibit H - Department & Agency Comments Exhibit I - Notice Map, NOITTA, NOA, & NOPH Exhibit J - Appeal Letter Exhibit K - Environmental Assessment P23-03592 [07/23/2024] IX. REPORT BY SECRETARY X. SCHEDULED ORAL COMMUNICATIONS City of Fresno Page 8 Planning Commission Meeting Agenda - August 7, 2024 Final-revised 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. ID 24-430 Public Comment Received Attachments: Supplemental Exhibit A - Materials Received from Public - 08.05.2024 XII. ADJOURNMENT City of Fresno Page 9

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