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Planning Commission

Regular Meeting

Fresno, CA · December 18, 2024

AgendaMinutes

Minutes

City of Fresno City Hall Council Chambers 2600 Fresno Street Meeting Minutes - Final Wednesday, December 18, 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 December 18, 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 December 18, 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 December 18, 2024 I. ROLL CALL Chair Vang called the meeting to order at 6:00 p.m. Commissioner Shergill arrived at 6:06 p.m. Also present were Jennifer Clark, Ashley Atkinson, Israel Trejo, Robert Holt, Kari Camino, and Heather Thomas (CAO). Present 6 - Chairperson Peter Vang, Commissioner Kathy Bray, Commissioner Monica Diaz, Commissioner Jacqueline G. Lyday, Commissioner Linda Calandra, and Commissioner Gurdeep Singh Shergill Absent 1 - Commissioner David Criner II. PLEDGE OF ALLEGIANCE 6:00 p.m. III. PROCEDURES 6:01 p.m. Chair Vang read the procedures aloud. IV. AGENDA APPROVAL 6:02 p.m. Trejo reported no changes to the agenda. On motion of Vice Chair Bray, seconded by Commissioner Calandra, the AGENDA was APPROVED. The motion carried by the following vote: Aye: 5 - Chairperson Vang, Commissioner Bray, Commissioner Diaz, Commissioner Lyday, and Commissioner Calandra Absent: 2 - Commissioner Criner , and Commissioner Shergill City of Fresno ***Subject to Mayoral Veto Page 4 Planning Commission Meeting Minutes - Final December 18, 2024 V. CONSENT CALENDAR 6:03 p.m. On motion of Vice Chair Bray, seconded by Commissioner Calandra, the CONSENT CALENDAR was APPROVED. The motion carried by the following vote: Aye: 5 - Chairperson Vang, Commissioner Bray, Commissioner Diaz, Commissioner Lyday, and Commissioner Calandra Absent: 2 - Commissioner Criner , and Commissioner Shergill V-A ID 24-1696 Consideration of a request for a discretionary two-year extension of the expiration date for Vesting Tentative Tract Map No. 6172/UGM pertaining to approximately 14.01 acres of property located on the south side of West Herndon Avenue and the east side of North Riverside Drive (Council District 2) - Planning and Development Department. 1. APPROVE the request for a discretionary two-year extension of the expiration date for Vesting Tentative Tract Map No. 6172/UGM, subject to compliance with the original conditions of approval as contained in Planning Commission Resolution No. 13700, and the attached Development Impact Fees dated November 22, 2024. VI. REPORTS BY COMMISSIONERS 6:04 p.m. None VII. CONTINUED MATTERS N/A VIII. NEW MATTERS City of Fresno ***Subject to Mayoral Veto Page 5 Planning Commission Meeting Minutes - Final December 18, 2024 VIII-A ID 24-1671 CONTINUED TO JANUARY, 15, 2025 Consideration of Text Amendment Application No. P23-03410 and related Environmental Finding for Environmental Assessment No. P23-03410, amending Sections 15-2761 and 15-6802 of the Citywide Development Code, relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions. 1. RECOMMEND ADDOPTION (to the City Council), of a finding set forth in Environmental Assessment No. P23-03410 dated December 4, 2024, that Text Amendment Application No. P23- 03410 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3). 2. RECOMMEND APPROVAL (to the City Council) of Text Amendment Application No. P23-03410, to amend Sections 15- 2761 and 15-6802 of the Citywide Development Code, relating to relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions. 6:04 p.m. Chair Vang stated item VIII-A (ID 24-1671) is being continued to January 15, 2025. VIII-B ID 24-1171 Workshop: Planning Commission 101- Overview of Findings & Requirements 6:04 p.m. Commissioner Shergill arrived at 6:06 p.m. Thomas gave a presentation on the functions and requirements of the Planning Commission. She defined what the Planning Commission is and the duties they perform, noting that the Planning Commission's decisions and appeals may be appealed to the City Council as per Fresno Municipal Code 15-5017. She explained the different types of decisions (Ministerial, Legislative or Quasi-Judicial), and findings, and gave examples of each. She concluded with some helpful tips about reviewing the packets provided, and familiarizing themselves with the required findings, evidence, and objections prior to the meeting. She was available for questions. City of Fresno ***Subject to Mayoral Veto Page 6 Planning Commission Meeting Minutes - Final December 18, 2024 IX. REPORT BY SECRETARY 6:19 p.m. Clark thanked Thomas for the informative presentation and clarified what her role as City Attorney is for the Planning Commissioners, such as assisting in whether or not there was enough evidence in the record to make a determination or add conditions to a project. She encouraged the Commissioners to review the findings in each project prior to the meeting, to aid in their decision making. She thanked the Commissioners for the vital role they hold, the Staff for all they provide before, during and after the meetings, and wished everyone a Happy, Healthy Holiday Season, and New Year. X. SCHEDULED ORAL COMMUNICATIONS N/A XI. UNSCHEDULED ORAL COMMUNICATIONS 6:22 p.m. None XII. ADJOURNMENT Chair Vang adjourned the meeting at 6:23 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, December 18, 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 - Final December 18, 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 Page 2 Planning Commission Meeting Agenda - Final December 18, 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 Page 3 Planning Commission Meeting Agenda - Final December 18, 2024 I. ROLL CALL II. PLEDGE OF ALLEGIANCE III. PROCEDURES 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 City of Fresno Page 4 Planning Commission Meeting Agenda - Final December 18, 2024 V-A ID 24-1696 Consideration of a request for a discretionary two-year extension of the expiration date for Vesting Tentative Tract Map No. 6172/UGM pertaining to approximately 14.01 acres of property located on the south side of West Herndon Avenue and the east side of North Riverside Drive (Council District 2) - Planning and Development Department. 1. APPROVE the request for a discretionary two-year extension of the expiration date for Vesting Tentative Tract Map No. 6172/UGM, subject to compliance with the original conditions of approval as contained in Planning Commission Resolution No. 13700, and the attached Development Impact Fees dated November 22, 2024. Sponsors: Planning and Development Department Attachments: Exhibit A - Aerial Map Exhibit B - Vicinity Map Exhibit C - Planning Commission Resolution 13700 Exhibit D - Vesting Tentative Tract Map 6172/UGM [10-5-2020] Exhibit E - Subdivider Request for Extension of Time [10-24-2024] Exhibit F - Fresno Municipal Code Findings Exhibit G - Development Impact Fees [11-22-2024] VI. REPORTS BY COMMISSIONERS VII. CONTINUED MATTERS VIII. NEW MATTERS City of Fresno Page 5 Planning Commission Meeting Agenda - Final December 18, 2024 VIII-A ID 24-1671 CONTINUED TO JANUARY, 15, 2025 Consideration of Text Amendment Application No. P23-03410 and related Environmental Finding for Environmental Assessment No. P23-03410, amending Sections 15-2761 and 15-6802 of the Citywide Development Code, relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions. 1. RECOMMEND ADDOPTION (to the City Council), of a finding set forth in Environmental Assessment No. P23-03410 dated December 4, 2024, that Text Amendment Application No. P23- 03410 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3). 2. RECOMMEND APPROVAL (to the City Council) of Text Amendment Application No. P23-03410, to amend Sections 15 -2761 and 15-6802 of the Citywide Development Code, relating to relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions. Sponsors: Planning and Development Department VIII-B ID 24-1171 Workshop: Planning Commission 101- Overview of Findings & Requirements Sponsors: Planning and Development Department 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 6

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