DATE: April 28, 2020
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 ACTION(S):
TITLE
1. Adopt Resolution setting aside the October 17, 2017 adoption of Mitigated Negative Declaration prepared for Initial Study Application No. 7104, including the Mitigation Monitoring and Reporting Program, and the approval of Unclassified Conditional Use Permit No. 3528 (collectively "Project Approvals"), which authorized an Interstate Freeway Interchange Commercial Development on 10.10 acres of property zoned Exclusive Agricultural with a 40-acre minimum parcel size, pending further work on the Initial Study and recirculation of the Project Approvals through the standard County land use approvals process as appropriate;
2. Direct staff to prepare a revised Initial Study addressing the issues identified by the Court of Appeal in case no. F078035 and Superior Court in case no. 17CECGO3813, once the applicant pays all additional fees deemed appropriate by the Department of Public Works and Planning; and
3. Direct staff to recirculate the Project Approvals through the standard County land use approvals process if appropriate, after staff completes a revised initial study, identified above, and such further environmental review as might be identified by the initial study.
The subject parcel 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 (APN 005-100-47s).
REPORT
Approval of the recommended actions would set aside the prior approval granted by the Board on October 17, 2017, pursuant to the Order issued by the Fresno County Superior Court on December 18, 2019 in case no. 17CECGO3813. The Order requires the County to set aside the Initial Study and...
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