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File #: 17-1168    Name: IS 7104; UCUP 3528 - Appeal
In control: Public Works & Planning
On agenda: 10/17/2017 Final action: 10/17/2017
Enactment date: Enactment #:
Title: 1. Consider and adopt the Mitigated Negative Declaration prepared for Initial Study Application No. 7104; and 2. Determine that the required Findings specified in Fresno County Ordinance Code Section 873-F can be made for approval of a Conditional Use Permit by adopting staff's proposed findings found in the Staff Report to the Planning Commission (Exhibit B), and approve Unclassified Conditional Use Permit Application No. 3528 to allow an Interstate Freeway Interchange Commercial Development, including adoption of its Master Plan. The project site is within the AE-40 (Exclusive Agricultural, 40-acre minimum parcel size) Zone District. The project site is located on the northwest corner of Interstate 5 (I-5) and Nees Avenue, approximately 17 miles west of the nearest city limits of the City of Firebaugh (Sup. Dist. 1) (APN 005-100-47s).
Attachments: 1. Agenda Item, 2. Attachments A-C, 3. Advance Agenda Material (1 of 2), 4. Advance Agenda Material - Audio (2 of 2), 5. Additional Information
DATE: October 17, 2017

TO: Board of Supervisors

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

SUBJECT: Initial Study No. 7104 and Unclassified Conditional Use Permit
Application No. 3528 (Appellant: Grand Petroleum, Inc.; Applicant: Shawn Shiralian)

RECOMMENDED ACTIONS:
TITLE
1. Consider and adopt the Mitigated Negative Declaration prepared for Initial Study Application No. 7104; and

2. Determine that the required Findings specified in Fresno County Ordinance Code Section 873-F can be made for approval of a Conditional Use Permit by adopting staff's proposed findings found in the Staff Report to the Planning Commission (Exhibit B), and approve Unclassified Conditional Use Permit Application No. 3528 to allow an Interstate Freeway Interchange Commercial Development, including adoption of its Master Plan. The project site is within the AE-40 (Exclusive Agricultural, 40-acre minimum parcel size) Zone District.

The project site is located on the northwest corner of Interstate 5 (I-5) and Nees Avenue, approximately 17 miles west of the nearest city limits of the City of Firebaugh (Sup. Dist. 1) (APN 005-100-47s).
REPORT
This item comes before the Board on appeal of the Planning Commission's unanimous approval of the subject application (7 to 0, with two Commissioners absent) at its August 24, 2017 Planning Commission Hearing. Staff notes that the Zoning Ordinance requires the Board to determine, independent from the decision of the Planning Commission, whether the application should be approved, approved with stated conditions, or disapproved. A copy of the Planning Commission's action is attached as Attachment A.

ALTERNATIVE ACTION:

If the Board is unable to make the required findings for granting UCUP No. 3528, a motion to uphold the appeal and overturn the Planning Commission's decision, stating which findings cannot be made and the reasoning for the inability to make those findings, would be appropriate.

FISCAL IMPAC...

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