Exhibit E
Noticing Map
Subject Property
Legend
Noticing Boundary
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
NEIGHBORHOOD NOTIFICATION
Please Note: You are receiving this notice because you own property within 1,000 feet of a property that has requested a special permit for a use described below. For this type of permit, the Fresno Municipal Code (FMC) requires that the City give notice to surrounding property owners to provide the opportunity to express concerns or protest the special permit. Further information is provided below. If you have no concerns regarding the permit, no response is needed.
NOTICE IS HEREBY GIVEN that the Planning and Development Department Director, in accordance with Common Procedures of the FMC, Section 15-5007, will take action on the applications below:
Application Type and
Number:
Conditional Use Permit Application No. P23-00244 and Environmental Assessment No. P23-00244
Applicant: Valarie Richardson on behalf of LockedIN
Location: 3045 West Bullard Avenue ; Located at the southwest corner of North Marks Avenue and West Bullard Avenue
Application Description: The applicant requests authorization to establish a State of California Alcoholic Beverage Control Type 47 alcohol license ( On-Sale General- Eating Place) which authorizes the sale of beer, wine and distilled spirits for consumption on the licenses premises. The establishment m ust operate and maintain the licensed premises as a bona fide eating place, maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. The proposed restaurant will close at 2:00 a.m.
Zone District: CC (Commercial Community)
Protest Deadline: July 30, 2023 at 5:00 p.m.
The purpose of this notice, at this time, is only to solicit public input and provide members of the public with opportunity to communicate comments or concerns for consideration prior to the Director making a final determination for project action. In the event you wish to provide comments for consideration, you may do so by written letter sent via post mail to the address below or via written email to [email protected] (cc [email protected]). Comments must include your interest in, or relationship to, the subject property and specific reason(s) why you believe the pro ject should or should not be approved.
ANY WRITTEN comments, concerns or requests for notification of final project action must be submitted to this office prior to close of business on:
July 30, 2023
If you wish to be notified of the Director’s final acti on in order to be provided opportunity to formally appeal said action, you must specify in your written comments that you wish to be notified of final project action. If no written request for notification of final project action is included in the written comments, you will not be notified of the Director’s final action and no further communication or notice will be sent. Once the Director takes final action there will be a 15 -day appeal period. Unless otherwise specified in governing state or federal la w, all formal appeals shall be filed with the Director in writing, within 15 days of the date of the Director’s final project action, decision, CEQA determination, motion, or resolution from which the final action is taken. Failure to object to the Direct or’s final action and/or state said reasons prior to the decision shall potentially bar any later court challenge to the project approval.
All documents related to this project are available for public review at the Planning and Development Department at the address listed below or electronic copies may be requested by contacting the Planner at the number listed below. Documents are availabl e for viewing at City Hall during normal business hours (Monday -Friday, 8 a.m. -5 p.m.) by appointment only . Please contact the Planner listed below via e-mail or by phone to request electronic copies or to schedule an appointment to view documents.
For additional information, contact Luke Risner, Planning and Development Department, by telephone at (559) 621-8045 or via e -mail at [email protected]. Si necesita informa ción en Español, comuníquese con Jose Valenzuela al teléfono (559) 621-8070.
PLANNING AND DEVELOPMENT DEPARTMENT
Jennifer K. Clark, AICP, HDFP, Director
Dated: July 20, 2023
Assessor’s Parcel No(s). 415-373-13
SEE MAP ON REVERSE SIDE
Planning and Development Department
2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277
Luke Risner
PLANNING AND DEVELOPMENT DEPARTMENT
2600 FRESNO STREET, ROOM 3043
FRESNO, CA 93721
THIS IS A LEGAL NOTICE
3045 West Bullard Avenue
P23-00244
VICINITY MAP
Legend
Subject Property
SOUTH FIRST STREET
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
NOTICE OF ACTION GRANTING
CONDITIONAL USE PERMIT APPLICATION NO. P23-00244 & RELATED ENVIRONMENTAL
ASSESSMENT
NOTICE IS HEREBY GIVEN that the Planning and Development Department Director, in accordance with Fresno Municipal Code (FMC) Section 15-5009, has approved Conditional Use Permit Application No. P23-0244 and Environmental Assessment No. P23-00244 filed by Valarie Richardson on behalf of Locked In (Restaurant/Bar), pertaining to a ±8.7 acre parcel of property located at 3045 West Bullard Avenue, on the southwest corner of West Bullard and North Marks Avenues . The applicant requests authorization to extend the hours of operation for an existing restaurant with alcohol sales (Locked In) with a State of California Alcoholic Beverage Control Type 47 license (Restaurant – sale of beer, wine, and distilled spirits for consumption on the premises where sold, minors allowed). The project also includes a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 1 Categorical Exemption dated July 1, 2023. The proposed hours of operation are Monday – Sunday 8:00 a.m. to 2:00 a.m. with the service of alcohol proposed to stop at closing. The approved hours of operation are Monday – Sunday 8:00 a.m. to 12:00 a.m. The property is zoned CC (Commercial Community). The special permit has been granted subject to compliance with the Conditions of Approval, dated August 7, 2023.
*This document is available for review at the Planning and Development Department, located at 2600 Fresno Street, 3 rd Floor, Fresno, California 93721. Documents are available for viewing at City Hall during normal business hours (Monday -Friday, 8 a.m. -5 p.m.) by appointment only . Please contact the Planner listed below via e- mail or by phone to request electronic copies or schedule an appointment to view documents.
Conditional Use Permit Application No. P23-00244 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 existing establishment is currently operating as authorized under previously approved Conditional Use Permit Application No. P21- 06413. Per Table 15- 1202 of the FMC the use of a Restaurant with Alcohol Sales is permitted with an approved Conditional U se Permit. Given the conditions of approval, the project will comply with all applicable provisions of the Citywide Development Code including but not limited to special use regulations for Restaurants with Alcohol Sales, Bars, Nightclubs and Lounges (Section 15-2751) and Outdoor Dining and Patio Areas (Section 15-2744).
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 existing Restaurant with Alcohol Sales is a conditionally permitted use and is consistent with applicable policies of the General Plan and the Bullard Community Plan as they do not have any specific policies that would restrict the proposed use.
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. The existing Restaurant with Alcohol Sales which requested authorization to extend the hours of operation to 8:00 a.m. until 2:00 a.m. has been conditioned to cease operations at 12:00 a.m. and comply with additional conditions requested by the Fresno Poli ce Department. Given the conditions of approval August 7, 2023, the establishment will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements, given that the project will comply with the Conditions of Approval dated August 7.
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 Restaurant with Alcohol Sales and outdoor dining area is consiste nt with the planned land use designation and zoning classification and will comply with FMC requirements and not have a negative impact on either the subject site or neighboring properties given compliance with the conditions of approval. The existing buil ding and proposed activity (Restaurant with Alcohol Sales with Type 47 alcohol license operating until 12:00 a.m.) are compatible with the surrounding existing and future uses within the existing shopping center given compliance with the conditions of approval.
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 subject site is located within Safety 7 (Precision Approach Zone) of the Fresno Yosem ite International Airport Influence Area. However, no new development is proposed on the site.
Furthermore, the use is not listed as a prohibited use per Table 3A of the Fresno County Airport Land Use Compatibility Plan. T herefore, the project is consisten t with the Fresno County Airport Land Use Compatibility Plan.
NOTE: A Notice of Intent to Take Action (Neighborhood Notification) was sent to surrounding property owners pursuant to the requirements of Section 15-5007 of the FMC on July 20, 2023.
The Conditional Use 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.
In the event you wish to appeal 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. An $963.77 fee applies to an appeal by an applicant (no fee applies if member of the public). The fee is required prior to accepting the appeal, as required by Section 15-5017- A.1 of the FMC and established by the Master Fee Schedule.
ANY WRITTEN appeal must be submitted to this office prior to close of business on August 22, 2023.
For additional information regarding this project, contact Luke Risner , Planning and Development Department, by telephone at (559) 621- 8045 or via e- mail at [email protected]. Si necesita información en Español, comuníquese con Jose Valenzuela al teléfono (559) 621-8070.
PLANNING AND DEVELOPMENT DEPARTMENT
Jennifer K. Clark, AICP, HDFP, Director
Dated: August 7, 2023
Assessor’s Parcel No(s). 415-373-13
SEE MAP BELOW
Planning and Development Department
2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277
Subject Property
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
NOTICE OF PUBLIC HEARING
CONDITIONAL USE PERMIT APPLICATION NO. P23-00244 AND RELATED ENVIRONMENTAL
ASSESSMENT
NOTICE IS HEREBY GIVEN that the Fresno City Planning Commission, in accordance with Sections 65090 and 65091 (Planning and Zoning Law) of the Government Code and in accordance with the procedures of Article 50, Chapter 15, of the Fresno Municipal Code (FMC), will conduct a public hearing to consider an appeal of the items below, filed by Valarie Richardson of Locked In, pertaining to a portion of a n 8.7 acre parcel of property located at 3045 West Bullard Avenue ; Located on the southwest corner of West Bullard and North Marks Avenues.
1. Environmental Assessment No. P23-00244: A determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through Class 1 Categorical Exemption dated July 1, 2023.
2. Conditional Use Permit Application No. P23-00244: The applicant requests a uthorization to extend the hours of operation for an existing restaurant with alcohol sales with establishment of a State of California Alcoholic Beverage Control (ABC) Type 47 alcohol license (On-Sale General – Eating Place).
Any interested person may also participate electronically during the public hearing to speak in favor or against the project proposal, by either Zoom meeting or telephone with instructions provided on the Planning Commission Agenda, and present written tes timony at least 24 hours in advance, via an eComment or by email to [email protected] (cc [email protected]). All documents submitted to the Planning Commission for its consideration prior to or at the hearing shall be submitted to the Planning Commission at least 24 hours prior to the Commission agenda item being heard, pursuant to the Planning Commission rules and procedures, or they may be excluded from the administrative record of proceedings.
If you challenge the above applications in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearing described in this notice, or in written correspondence delivered to the Development Services Division of t he Planning and Development Department and/or Planning Commission at, or prior to, the public hearing . The Planning Commission action on the proposed Conditional Use Permit and Environmental Assessment will be final unless appeal ed to the City Council.
NOTE: This public hearing notice is being sent to surrounding property owners within 1,000 feet of the project site pursuant to the requirements of FMC Section 15-5007.
All documents related to this project are available for public review at the Planning and Development Department at the address listed below or electronic copies may be requested by contacting the Planner at the number listed below. Documents are available for viewing at City Hall during normal business hours (Monday -Friday, 8 a.m. -5 p.m.) by appointment only . Please contact the Planner listed below via e-mail or by phone to request electronic copies or schedule an appointment to view documents.
For additional information, contact Luke Risner, Planning and Development Department, by telephone at (559) 621-8045, or via e -mail at [email protected]. Si necesita información en Español, comuníquese con Jose Valenzuela al teléfono (559) 621-8070.
PLANNING AND DEVELOPMENT DEPARTMENT
Jennifer K. Clark, AICP, HDFP, Director
Dated: September 22, 2023
Assessor’s Parcel No(s). 415-373-13
SEE MAP ON REVERSE SIDE
Planning and Development Department
2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277
FRESNO CITY PLANNING COMMISSION
Date/Time: Wednesday, October 4, 2023 at 6:00 p.m. or thereafter Place: City Hall Council Chamber, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721; or, watch the live broadcast via the Zoom link located on the Planning Commission agenda found here: https://fresno.legistar.com/Calendar.aspx
Luke Risner
PLANNING AND DEVELOPMENT DEPARTMENT
2600 FRESNO STREET, ROOM 3043
FRESNO, CA 93721
THIS IS A LEGAL NOTICE REGARDING
3045 West Bullard Avenue
P23-00244
VICINITY MAP
Project Area
West Bullard Avenue
North Marks Avenue
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
NOTICE OF PUBLIC HEARING
CONDITIONAL USE PERMIT APPLICATION NO. P23-00244 AND RELATED ENVIRONMENTAL
ASSESSMENT
NOTICE IS HEREBY GIVEN that the Fresno City Council, in accordance with Sections 65090 and 65091 (Planning and Zoning Law) of the Government Code and in accordance with the procedures of Article 50, Chapter 15, of the Fresno Municipal Code (FMC), will conduct a public hearing to consider an appeal of the items below, filed by Valarie Richardson on behalf of Locked In, pertaining to a portion of an approximately 8.70 acre parcel of property located at 3045 West Bullard Avenue, on the southwest corner of West Bullard and North Marks Avenues:
1. Environmental Assessment No. P23-00244: A determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 1 Categorical Exemption dated July 1, 2023.
2. Conditional Use Permit Application No. P23-00244: The applicant requests authorization to extend the hours of operation for an existing restaurant with alcohol sales with establishment of a State of California Alcoholic Beverage Control (ABC) Type 47 alcohol license (On -Sale General – Eating Place).
Any interested person may also participate electronically during the public hearing to speak in favor or against the project proposal, by Zoom meeting with instructions provided on the City Council Agenda, and present written testimony at least 24 hours in advance, pursuant to the City Council rules and procedures, or they may be excluded from the administrative record of proceedings. If you challenge the above application(s) in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearing described in this notice, or in written correspondence delivered to the Development Services Division of the Planning and Development Department and/or Planning Commission/City Council at, or prior to, the public hearing. The Fresno City Planning Commission considered this application at its meeting on October 4, 2023 and voted unanimously to approve the Director’s decision with additional conditions.
NOTE: This public hearing notice is being mailed to surrounding property owners within 1,000 feet of the project site pursuant to the requirements of FMC Section 15-5007.
All documents related to this project are available for public review at the Planning and Development Department at the address listed below or electronic copies may be requested by contacting the Planner at the number listed below. Documents are availabl e for viewing at City Hall during normal business hours (Monday -Friday, 8 a.m. -5 p.m.) by appointment only . Please contact the Planner listed below via e-mail or by phone to request electronic copies or schedule an appointment to view documents.
For additional information regarding this project, contact Luke Risner , Planning and Development Department, Development Services Division, by telephone at (559) 621 -8045, or via e -mail at [email protected]. Si necesita información en Español, comuníquese con Jose Valenzuela al teléfono (559) 621-8070.
Jennifer K. Clark, AICP, HDFP, Director
Planning and Development Department
Dated: November 3, 2023
Assessor’s Parcel No(s). 415-373-13
SEE MAP ON REVERSE SIDE
Planning and Development Department
2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277
FRESNO CITY COUNCIL
Date/Time: Thursday, November 16 at 10:10 a.m., or thereafter
Place: City Hall Council Chamber, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721 ; or, watch the live broadcast via the Zoom link located on the City Council agenda found here: https://fresno.legistar.com/Calendar.aspx
Luke Risner
PLANNING AND DEVELOPMENT DEPARTMENT
2600 FRESNO STREET, ROOM 3043
FRESNO, CA 93721-3604
THIS IS A LEGAL NOTICE REGARDING
3045 West Bullard Avenue
P23-00244
VICINITY MAP
Subject Property
West Bullard Avenue
North Marks Avenue