Legislation Details

File #: 22-0002   
On agenda: 2/22/2022 Final action: 2/22/2022
Enactment date: Enactment #:
Recommended Action(s)
1. Consider appeal of Planning Commission's denial of Classified Conditional Use Permit Application No. 3655, proposing to allow a Rural Commercial Center consisting of a convenience store/fast-food restaurant, a gasoline fueling facility (fuel island canopy with gasoline pumps), and related improvements on an approximately 1.78-acre portion of a 4.99-acre parcel in the RR (Rural Residential, two-acre minimum parcel size) Zone District; and 2. If the Appeal is granted and the Planning Commission's denial of Classified Conditional Use Permit Application No. 3655 is overturned: a. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared based on Initial Study No. 7665 with the recommended Mitigation Measures and Conditions of Approval with inclusion of an additional Condition of Approval that the appellant indemnify the County for any legal costs; and b. Make the required Findings specified in Section 873(F) for approval of the Classified Condi...
Attachments: 1. Agenda Item, 2. Attachments A - F, 3. On file with Clerk - Resolution, 4. Additional Information
DATE: February 22, 2022

TO: Board of Supervisors

SUBMITTED BY: Steve E. White, Director
Department of Public Works and Planning

SUBJECT: Appeal Planning Commission's Denial of Classified Conditional Use Permit No. 3655 (Applicant/Appellant: Daulat Sandhue)

RECOMMENDED ACTION(S):
TITLE
1. Consider appeal of Planning Commission's denial of Classified Conditional Use Permit Application No. 3655, proposing to allow a Rural Commercial Center consisting of a convenience store/fast-food restaurant, a gasoline fueling facility (fuel island canopy with gasoline pumps), and related improvements on an approximately 1.78-acre portion of a 4.99-acre parcel in the RR (Rural Residential, two-acre minimum parcel size) Zone District; and

2. If the Appeal is granted and the Planning Commission's denial of Classified Conditional Use Permit Application No. 3655 is overturned:

a. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared based on Initial Study No. 7665 with the recommended Mitigation Measures and Conditions of Approval with inclusion of an additional Condition of Approval that the appellant indemnify the County for any legal costs; and

b. Make the required Findings specified in Section 873(F) for approval of the Classified Conditional Use Permit Application No. 3655; and

c. Adopt a Resolution approving Classified Conditional Use Permit Application No. 3655 to allow convenience store/fast-food restaurant, a fuel island canopy with gasoline pumps, and related improvements.

The project site is located on the northwest corner of W. Belmont and N. Cornelia Avenues approximately 2,190 feet south of the nearest city limits of the City of Fresno (APN: 312-390-13).
REPORT
The request before your Board is an appeal of the Planning Commission's denial of the subject application based on a motion to deny the item (7 to 0 with 1 Commissioner recused and one vacancy) at its December 16, 2021 hearing. The Zoning Ordinance require...

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