PLANNING AND DEVELOPMENT DEPARTMENT
2600 Fresno Street • Third Floor Jennifer K. Clark, AICP, Director Fresno, California 93721-3604
(559) 621-8277 FAX (559) 498-1026
January 30, 2023 Please reply to:
Rob Holt
(559) 621-8056
Jessica Reuven
Yuma Way CA
[email protected]
(sent via e-mail only)
Dear Applicant:
SUBJECT: ZONING INQUIRY NUMBER P23-00282 REQUESTING INFORMATION REGARDING CANNABIS RETAIL FOR PROPERTY LOCATED AT 4555
EAST KINGS CANYON ROAD
(APN 461-284-30)
Thank you for your inquiry regarding the allowanc e of new cannabis retail uses . The requested information about cannabis retail uses wa s analyzed using Article 27, Chapter 15 of the Fresno Municipal Code (FMC) of the City of Fresno . Please note, all research for this inquiry is based on existing land development of the subject property. If there are multiple buildings on the subject property, this research was based on the address provided in the request. This research does not take into effect of future development unless provided in your application request . With that, r esearch of a proposed cannabis retail business on the subject property conveys the following:
1. All cannabis retail businesses must be located on property zoned DTN (Downtown Neighborhood), DTG ( Downtown General), CMS ( Commercial Main Street), CC ( Commercial Community ), CR (Commercial Regional ), CG (Commercial General), CH ( Commercial Highway), NMX ( Neighborhood Mixed- Use), CMX ( Corridor/Center Mixed-Use), RMX ( Regional Mixed-Use), and must meet all of the requirements for development in these zones, including, but not limited to, parking, lighting, building materials, etc.
The subject property is zoned CMX, which is one of the allowable zone districts for cannabis retail businesses. Development standards of the C MX zone district are available in Sections 15 -1103, 15-1104, and 15-1105 of the FMC. The subject location meets the zone district requirement, per Section 15 - 2739.B.1.a of the FMC, for a cannabis retail business.
However, as noted below, the subject property does not meet the location restriction requirements per Section 9-3308 of the FMC for a cannabis retail business.
Zoning Inquiry P23-00282
4555 East Kings Canyon Road
January 30, 2023
2. All building (s) in which a cannabis retail business is located shall be no closer than 800 feet from any property boundary containing the following: (1) A cannabis retail business; (2) A school providing instruction for any grades pre - school through 12 (whether public, p rivate, or charter, including pre -school, transitional kindergarten, and K -12); (3) A day care center licensed by the state Department of Social Services that is in existence at the time a complete commercial cannabis business permit application is submitt ed; and, (4) A youth center that is in existence at the time a complete commercial cannabis business permit is submitted.
The subject property is not located within 800 feet of the property boundary of any of the above -mentioned uses. The subject building meets the separation requirements, per Section 15 -2739.B.1.b of the FMC, for a cannabis retail business.
However, as noted below, the subject property does not meet the location restriction requirements per Section 9-3308 of the FMC for a cannabis retail business.
3. Prior to commencing operations, a cannabis retail business must obtain a Cannabis Conditional U se Permit from the Planning and Development Department per Section 15-2739.N of the FMC.
4. No more than 3 cannabis retail businesses may be located in any one Council District.
The subject property is in Council District 5. There are currently three commercial cannabis business permits in process for cannabis retail businesses in Council District 5. Pursuant to FMC Section 9 -3306(b) and City of Fresno Resolution No. 2021 -163 (attached), this location requirement is not satisfied for a cannabis retail business.
Please review the entirety of Article 33, Chapter 9 (Cannabis Retail Business and Commercial Cannabis), and Section 15-2739 (Adult Use and Medicinal Cannabis Retail Business and Commercial Cannabis Business) of the FMC to understand other requirements of cannabis retail businesses, including but not limited to, application requirements, signage, etc.
This information was researched by the undersigned per the zoning re quest. The undersigned certifies that the above information contained herein is believed to be accurate and is based upon, or relates to, the information supplied by the requestor.
The City of Fresno assumes no liability for errors and omissions. All in formation was obtained from public records held by the Planning and Development Department.
A copy of the Fresno Municipal Code may be obtained by contacting the City Clerk’s office at 559 -621-7650. The Fresno Municipal Code may also be searched on the Internet, free of charge, by going to www.fresno.gov. If you have quest ions regarding Zoning Inquiry P23-00282
4555 East Kings Canyon Road
January 30, 2023
this matter, please contact me by telephone at 559 -621-8056 or at [email protected].
Cordially,
Rob Holt, Planner III
Development Services Division
Planning and Development Department
cc: City of Fresno Resolution No. 2021-163