F.'ECf1 t·,JC!U 7 J17 Pt-C.'.17 FF.'.E'.3NO CITV CLERK

CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT

NOTICE OF ACTION GRANTING SPECIAL PERMIT CONDITIONAL USE PERMIT APPLICATION NO. C-17-120

NOTICE IS HEREBY GIVEN that the Director of the Development and Resource Management Department, in accordance with Special Permit Procedure of the Fresno Municipal Code Section 15­5009, has approved Conditional Use Permit Application No. C-17-120 filed by Paul Sayavong, for property located at 1830 North First Street, located on the east side of North First Street, between East McKinley Avenue and East Clinton Avenue. The applicant requests authorization to establish a State of California Alcoholic Beverage Control Type 41 alcohol license (Restaurant- sale of beer and wine for consumption on or off the premises where sold) for the existing Thai Phuket Restaurant. The property is zoned CC (Commercial-Community). The special permit has been granted subject to the following conditions:

1. Development shall take place in accordance with the Conditions of Approval, dated November 7, 2017.*

*This document is available for review at the Development and Resource Management Department, located at 2600 Fresno Street, 3rd Floor, Fresno, California 93721.

Conditional Use Permit Application No. C-17-120 was granted subject to the following findings:

Findings per Fresno Municipal Code Section 15-5306 A Conditional Use Permit shall only be granted if the decision-maker determines that the project as submitted or as modified conforms to all of the following criteria. If the decision-maker determines that it is not possible to make all of the required findings, the application shall be denied. Finding a: The proposed use is allowed within the applicable zoning district and complies with all

other applicable provisions of this Code and all other chapters of the Municipal Code; a. The proposed use of a restaurant with alcohol sales is a permitted use in the CC zone district. This request is to establish a Type 41 alcohol license, subject to approval of a Conditional Use Permit, in accordance with Table 15-1202 (Use Regulations -Commercial Districts). The development standards applicable to the proposed use, including special use regulations for Restaurants with Alcohol Sales (Section 15-2751) have been incorporated into the Conditions of Approval, dated November 7, 2017. Finding b: The proposed use is consistent with the General Plan and any other applicable plan

and design guideline the City has adopted;

b. The restaurant is an existing use. The request is to establish a Type 41 alcohol license, pending modification of the conditional permitted use. The proposed project is consistent with the applicable policies of the Fresno General Plan and the Mclane Community Plan as well as with the planned land use designation of Community Commercial. Finding c: The proposed use will not be substantially adverse to the public health, safety, or

general welfare of the community, nor be detrimental to surrounding properties or improvements;

c. Compliance with the Conditions of Approval, dated November 7, 2017, including those conditions imposed by the Police Department, Building and Safety Services Division for applicable building permits, Department of Public Utilities for on-site sanitary sewer facilities, and County of Fresno Department of Public Health operation standards, as well as compliance with the required Alcohol Beverage Control permit, will ensure that the restaurant with alcohol sales use will not be detrimental to the public health, safety, or general welfare of the community, and will not be detrimental to surrounding properties or improvements. Finding d: The design, location, size, and operating characteristics of the proposed activity are

compatible with the existing and reasonably foreseeable future land uses in the vicinity; and,

d. The existing restaurant, including the proposed Type 41 alcohol license, is compatible with the surrounding land uses. Further, restaurants with alcohol sales is an allowed use, subject to a Conditional Use Permit, in the CC zone district and is consistent with the planned land use designation of Community Commercial. Although the Fresno Unified School District does not support the license request and has concerns regarding potentially dangerous interaction between students and the Thai Phuket Restaurant, Mayfair Elementary School is approximately 1,050 feet northwest of the restaurant. However, the actual travel distance on roads from the school entrance is over 2,000 feet and the restaurant shopping center is separated from the school by a canal and East McKinley Avenue. Additionally, the license request is to serve only beer and wine on site, incidental to serving food. Thus, the license request is compatible with existing and future land uses.

Finding e: The site is physically suitable for the type, density, and intensity of use being proposed, including access, emergency access, utilities, and services required.

e. The site was previously developed and was established as a restaurant use in accordance with the applicable development standards and is physically suitable for the type and intensity of the existing use as well as the proposed expanded Type 41 alcohol license. The site has an adequate egress and ingress for emergency vehicles.

The Special Permit will not become effective until 15 days from the date the permit is granted in order to allow time for any interested parties to file an appeal.

NOTE: A Notice of Intent to Take Action was sent to surrounding property owners pursuant to the requirements of Section 15-5007 of the Fresno Municipal Code on October 20, 2017.

In the event you wish to protest the Director's decision, you may do so by filing a written appeal with the Director. The appeal must include the appellant's interest in, or relationship to, the subject property, the decision or action appealed, specific reason(s) why the appellant believes the decision or action should not be upheld, and an appeal hearing fee of $30.00. The fee is required prior to accepting the appeal, as required by Section 15-5017-A.1 and established by Master Fee Schedule.

ANY WRITTEN must be submitted to this office prior to close of business on November 22, 2017.

For additional information regarding this project, contact McKencie Contreras, Supervising Planner, Development and Resource Management Department, 2600 Fresno Street, Fresno, California 93721-3604, by phone at (559) 621-8066 or via e-mail at Mckencie.Conteras@fresno.gov. Si necesita informaci6n en Espanol, comuniquese con McKencie Contreras al telefono (559) 621­8066 or email McKencie.Contreras@fresno.gov.

DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT Jennifer K. Clark, Director

Dated: November 7, 2017

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Development and Resource Management Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 · Fax (559) 498-1026