DATE: July 18, 2023
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Appeal of Planning Commission's approval of Unclassified Conditional Use Permit Application No. 3755-A and 3755-B (Appellant: City of Fresno; Applicant: Pete LoCastro, Area Operations Manager, Cemex; Owner: Cemex Construction Material Pacific, LLC)
RECOMMENDED ACTION(S):
TITLE
1. Consider appeal of the Planning Commission's approval of Unclassified Conditional Use Permit Application No. 3755-A and 3755-B proposing to allow an additional four years of operating time (extend expiration date to July 28, 2027) for an existing aggregate operation, processing plant, and related uses on a combined 476 acres located at 13475 N. Friant Road and 147575 N. Friant Road. Both sites are located within the AE-20 (Exclusive Agriculture, 20-acre minimum parcel size) zone district; and
2. If the Appeal is denied and the Planning Commission's approval of Unclassified Conditional Use Permit Application No. 3755-A and 3755-B is upheld:
a. Determine that in accordance with Section 15162 of the California Environmental Quality Act (CEQA) that the project is not subject to preparation of a supplemental Environmental Impact Report (EIR) and the previously prepared EIR may be used for consideration of this proposal; and
b. Determine that the project is also exempt under Sections 15061(b)(3) and 15301 (Existing Facilities) of the CEQA Guidelines and direct staff to file a notice of exemption with the County Clerk and State Clearinghouse; and
c. Move to determine the required Findings can be made as described within the staff report and approve Unclassified Conditional Use Permit No. 3755 subject to the Conditions of Approval and Project Notes listed in Attachment D with a maximum extended operating period of four additional year ending on July 28, 2027; and
d. Uphold the Planning Commission's additional condition of approval, requested by Staff, req...
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