Exhibit M
Planning and Development Department
2600 Fresno Street, Third Floor
Fresno, CA 93721
(559) 621-8277
Jennifer K. Clark, AICP, Director
Please reply to:
Luke Risner
559-621-8045
[email protected]
August 7, 2023 October 4, 2023
Valarie Richardson
Locked In
[email protected]
(Sent via email only)
SUBJECT: CONDITIONAL U SE PERMIT APPLICATION NO. P23-00244 FOR PROPERTY LOCATED AT 3045 WEST BULLARD AVENUE (APN: 415-373-13)
Dear Valarie:
The Planning and Development Director, on August 7, 2023, approved Conditional Use Per mit Application No. P23-00244, which requests authorization to extend t he hours of operation for an existing res taurant with alcohol sales (Locked In) with a State of Californ ia A lcoholic Beverage Control (ABC) Type 47 alcohol license ( Restaurant – sale of beer, wine, and dis tilled spirits for consumption on the premises wher e sold, minors allowed) . 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 proposed project was deter mined to be exempt fr om t he State of California Envi ronmental Quality Act (CEQA) by the Planning and Development Department on July 1, 2023, through Section 15301/Class 1 Categorical Exemption. The ap proval of this application authorizes the establishment to operate from 8:00 a .m. to 12:00 a.m. subject to compliance with the following Conditions of Approval:
1) Development shall take pl ace in accordan ce with the Cond itions of Approval prepared for P23- 00244 dated August 7, 2023.
2) Miscellaneous Requirements
a) Approval of this special permit shall be considered null and vo id in the event of failure by the applicant an d/or the authorized re presentative, a rchitect, engine er, or designer to disclose and delineate all facts an d in formation relat ing to the su bject property and the propo sed development including, but not limited to, the following:
i. All existi ng and proposed improvements includin g but no t limit ed to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding whic h are located on adjoining property and may encroach on the subject property;
Conditional Use Permit Application No. P23-00244
August 7, 2023
ii. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and,
iii. Existing and proposed grade differenti als between the subject propert y and adjoining property zoned or planned for residential use.
b) Approval of this special permit may become null a nd void i n the event that de velopment is not completed in a ccordance with all the con ditions a nd requirements im posed o n this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications.
c) The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plans n ot specifical ly submi tted an d reviewed and a pproved pursuant to this special permit or subsequent amendments or revisions (include this note on site plan).
APPEALS
A notic e of intent to take action was mai led t o nearby property owners on July 20 , 202 3, which commen ced a 10-day comment period. Three responses from the public w ere received. The project was approved August 7, 2023 . This commences a 15-day appe al period. Should an appeal be received, it shall be scheduled to be heard before the Planning Commission.
Please be a dvised that this project may be subject to a variety of discr etionary condition s o f approval. These conditions based on adopted City plans, ordinances and policies; those determined to b e re quired through the interdepartmental/i nteragency review pro cess; a nd thos e determined through the environmental assessment proc ess as necessary t o m itigate adver se effects o n the health, safe ty and welf are of the community. The conditions of a pproval may also include requirements for developm ent and use that woul d, on t he whol e, enhance the pr oject and its relationship to the neighborhood and environment.
All c onditions of approval based on adopted pl ans, codes, and regula tions are mandatory.
Conditions based on the FMC may only be modified by variance, provided the findings required by FMC Section 15-5506 can be made. Discretionary conditions of approval may be appealed but will ultimately be deeme d mandatory unless app ealed in writing to the D irector within 15 day s or by August 16, 2023. 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 shall include the appellant’s interest in or relationship to the subject pr operty, the decisi on o r action appealed and specif ic reasons w hy the applic ant believes the decision or action appealed should not be upheld.
If you wi sh to appeal the dec ision, a wr itten request must b e received at the Plann ing and Development Department by August 22, 202 3. The written reques t s hould be addressed to the Planning and Development Director and t he project planner ide ntified below and include t he application n umber refe renced above. Please submit the request in writing (mail or email to [email protected] and CC the planner liste d below) to the Planner by the date noted above. An $963.77 fee applies to an appeal by an applicant (no fee applies if member of the public appeals). 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.
Conditional Use Permit Application No. P23-00244
August 7, 2023
COMPLIANCE REVIEW PROCESS
To co mplete the compliance rev iew process for building permits rel ative t o plann ing and zoning issues, pleas e u pload electronic PDF copies of the corrected, fin al site plan, elevations, landscape, and irrigation plans, operat ional statement, any fees and title reports for required covenants, and any required s tudies or analyses into the compliance record for final review and approval into the co mpliance record at least 15 days befo re applying f or building permits.
The compliance record n umber for this ap plication is P22-01784. These documents can be uploaded e lectronically to t he citi zen access portal at www.fresno.gov/faaster . Contact Planner once any corrected exhibits are uploaded.
It may be necessary to resubmit these “co rrected exhibits” a second time if not all the conditions have been complied with or are not shown on the exhibits. To complete the back- check process, the applica nt must demon strate compliance with all required co nditions of approval pri or to c ommencement of land use a ctivity. Submit any requi red items to Luke Risner in Planning and Development Department for Final review and Approval, prio r to commencement of land use activity.
Copies of the final approved exhibits stamped by the Planning and Development must be submitted for unstamped copies of the same in each of the sets of construction plans submitted for plan check prior to the issuance of building permits.
EXPIRATION DATES
The exercise of rights granted by this special permit must be commenced by August 7, 2026 (three years fro m the d ate of a pproval), pursuant to FMC Section 15 -5013. An extensi on of up to one additional year may be granted, provided that the findings required under FMC Section 15-5013-A.1 are made by the Director. All required improvements must be installed prior to the operation of the proposed use.
Pursuant to Section 15 -5308 of the FMC an expiration date of seven years from the date of approval has been established for Conditional Use Permits. Therefore, the approval for P23-00244 shall expire on August 7, 2030, and a new conditional use permit must be obtained prior to t hat expiration date for the use only (not the physical structure(s)).
Sincerely,
Luke Risner
Luke Risner, Planner II
Planning and Development
Enclosures: Revised Conditions of Approval as amended by the Planning Commission dated October 4, 2023 dated August 7, 2023
Exhibits A, E, F, and O dated May 11, 2023
Comments and Conditions from partnered Agencies and Departments
City of Fresno
Planning and Development Department
Revised Conditions of Approval
August 7, 2023 October 4, 2023
Conditional Use Permit Application No. P23-00244
Planner: Luke Risner
PROJECT DESCRIPTION
Conditional Use Permit Application No. P2 3-00244 was filed by Valarie Richardson of Locked In and pertains to the existing tenant space located at 3045 West Bullard Avenue within the existing Marks & Bullard Shopping Center. The existing shopping center is approximately 8.7 acres and is located 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 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.
APN: 415-373-13
ADDRESS: 3045 West Bullard Avenue
ZONING: CC (Commercial Community)
PART A - ITEMS TO BE COMPLETED
The following items are required prior to final approval and/or commencement of land activity:
Planner to check when completed
Development shall take place in accordance with Exhibits A, E, F, and O dated May 11, 2023 .
Transfer all comments (if any) and conditions on Exhibits to the corrected exhibit(s).
Revise the operational statement (Exhibit O dated May 11, 2023) to reflect the hours of operation for Monday – Sunday from 8:00 a.m. to 12:00 a.m.
Provide a Police Department Approved Security Plan prior to commencement of land use activity.
See Fresno Police Department conditions dated July 3, 2023.
Alcohol sales shall stop at 12:00 a.m.
The project shall obtain the appropriate license from the State of California Department of Alcohol Beverage Control (ABC) and adhere to all specific conditions issued by ABC including but not limited to sales, service, and consumption shall be permitted in or on the patio area only between the hours of 10:00 a.m. to 10:00 p.m. each day of the week.
Conditions of Approval
Conditional Use Permit Application No. P23-00244
August 7, 2023 October 4, 2023
PART B - OTHER AGENCY COMMENTS AND CONDITIONS
To be checked when completed where applicable
1. Fresno County Environmental Health:
Recommended Conditions of Approval:
• Should the facility undergo remodel, then prior to issuance of building permits, the applicant shall submit complete food facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and ap proval. Contact the Consumer Food Protection Program at (559) 600-3357 for more information.
• The proposed venue has the potential to expose nearby residents to elevated noise levels.
Consideration should be given to the City of Fresno Municipal Code.
2. Police Review:
Comply with all conditions stated within the Fresno Police Department memo dated July 3, 2023, including, but not limited to, add two additional cameras, have a BSIS uniformed licensed security guard per 100 people after 8 pm, have no live music on the premises allowance of live music on Fridays and Saturdays until 10 P.M., and have the kitchen remain open for a full menu during all business hours with 51% of all sales coming from the food.
3. Fresno Unified School District:
Please see Fresno Unified School District memo dated May 11, 2023 (attached).
4. Fire Department:
Approved as submitted. No appointment or initial required. Approval of this plan does not authorize or approve any omission or deviation from applicable adopted codes and adopted standards. Final approval is subject to field inspection.
This project was reviewed by the Fire Department only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of DARM when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building.
PART C – PLANNING DEVELOPMENT CODE STANDARDS
Alcohol Use Requirements
1. Sale and consumption of alcoholic beverages shall be subordinate to on-site food service.
2. This special permit approval is subject to compliance with all applicable provisions of Section 15-2751 of the FMC for restaurants with alcohol sales.
3. A valid Business License Tax Certificate for the restaurant shall be maintained at all times.
4. The business hours include closing at 12:00 a.m.; therefore, alcohol sales shall stop at 12:00 a.m.
PART D – OPERATIONAL REQUIREMENTS
Restaurants with Alcohol Sales, Bars, Nightclubs, and Lounges
Conditions of Approval
Conditional Use Permit Application No. P23-00244
August 7, 2023 October 4, 2023
1. Last Call for Alcohol. Each establishment may establish the time of "last call" for ordering alcoholic beverages, so long as the hours to stop consumption are respected.
2. Noise. Noise decibel levels shall be monitored by the establishment to ensure compliance with all applicable Noise Standards. Pursuant to Table 15 -2506-D of the FMC, the maximum sound level (Lmax) dBA shall not exceed 70 during the hours of 7:00 a.m. to 10:00 p.m. and 60 during the hours of 10:00 p.m. to 7:00 a.m. Pursuant to Section 15-2744-B-1 of the FMC, music may not be amplified within the outdoor dining area. All music, live or recorded, shall comply with all applicable noise standards. Pursuant to Section 15-2751-L of the FMC, noise decibel levels shall be monitored by the establishment to ensure compliance with all applicable Noise Standards. Doors and windows shall remain closed, after 10:00 p.m. to minimize noise, except as needed to allow for the normal entry and exit of patrons to and from the establishment. Emergency access shall be maintained per City standards.
3. Posting Hours of Operation and Address. The owner and/or proprietor and/or applicant shall be responsible to conspicuously post the hours of operation for each phase type (i.e., restaurant, nightclub) near the entrance of the establishment. It shall be 8.5 × 11 inches in size, to be in a format provided by the City. This posting shall be made available to City officials upon request.
4. Security. The Police Department shall make a recommendation to the Director for security measures for each application based upon the function of the establishment as described in the operational statement. Additional and/or security measures such as reduced hours of operation, security guards, door monitors, and burglar alarm systems may be required if harm, nuisance, or related problems are demonstrated to occur as a result of business practices or operations. This will be determined on a case-by-case basis upon review by the Police Department.
5. Loitering.
a. The owner and/or proprietor and/or operator of the establishment is responsible to provide supervision (i.e. security) to prevent loitering in the immediate vicinity of the establishment.
b. During operating hours, the owner and/or proprietor shall prohibit loitering in the parking area.
c. After closing hours, the immediate vicinity of the establishment including its designated parking area, shall be cleared within 15 minutes, except for employees of the establishment.
d. In the event that there is more than one establishment sharing a parking area, adjustments to the conditions of approval for each establishment shall be made so that there is a shared responsibility.
6. Third Party Promoters. Whenever an event is promoted by a Third Party the licensee/owner and/or proprietor and/or operator of the premises shall require that said Third Party obtain a business tax certificate from the City prior to holding such event.
7. Dancing. Pursuant to FMC Section 15-2751.F.1, dancing shall be incidental to the primary restaurant with alcohol use.
PART E - PLANNING - OTHER REQUIREMENTS
1. Development shall take place in accordance with the policies of the Fresno General plan, Bullard Community Plan and with the Commercial – Community planned land use designation.
Conditions of Approval
Conditional Use Permit Application No. P23-00244
August 7, 2023 October 4, 2023
2. Development shall take place in accordance with the CC (Commercial – Community) zone district and all other applicable sections of the Fresno Municipal Code (FMC) specifically but not limited to:
a. FMC Section 15 -2751 (Restaurants with Alcohol Sales, Bars, Nightclubs, and Lounges); and
b. FMC Sections 15-2744-A & B (Outdoor Dining and Patio Areas) i. Section A (General Requirements);
1. Hours of Operation: Not earlier than 7:00 a.m. or later than 10:00 p.m.;
2. Misters/Heaters. Misters, heaters, and other such devises for moderating temperatures of the outdoor dining area shall be permitted at the discretion of the Review Authority based on considerations such as aesthetics, safety, and resource efficiency;
3. Lighting. Lighting shall not disrupt or unnecessarily impact adjoining properties or roadways. See Section 15 -2015, Outdoor Lighting and Illumination.
ii. Section B (Outdoor Dining Areas on Private Property)
1. Music: music may not be amplified. All music, live or recorded, shall comply with all applicable noise standards.
3. Comply with the operational statement (Exhibit O dated May 11, 2023) submitted for the proposed project, except as restricted per the conditions of approval.
4. Development shall comply with all prior special permits on the property, including, but not limited to, Conditional Use Permit Application No. P21-06413, unless modified herein.
5. Property development standards and operational conditions are contained in Articles 14, 20, 23, 24 and 25. Any project revisions, development and operation must comply with these property development standards and operational conditions.
PART F - MISCELLANEOUS AND GENERAL NOTES AND REQUIREMENTS
Not all notes and requirements listed below are applicable to all projects.
1. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. This special permit is granted, and the conditions imposed, based upon the Operation Statement provided by the applicant. The Operation Statement is material to the issuance of this special permit. Unless the conditions of approval specifically require operation inconsistent with the Operation Statement, a new or revised special permit is required if the operation of this establishment changes or becomes inconsistent with the Operation Statement. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the special permit or any other enforcement remedy available under the law. The Planning and Development Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plans not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions.
2. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following:
Conditions of Approval
Conditional Use Permit Application No. P23-00244
August 7, 2023 October 4, 2023
a) All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on a djoining property and may encroach on the subject property;
b) All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and,
c) Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use.
3. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zoning district, except in accordance with the provisions of this Code.
Specific uses of land, buildings, and structures listed as prohib ited in any zoning district are hereby declared to be detrimental to the public health, safety, and welfare.
4. Development shall take place in accordance with the Standards, Specifications, and Standard Drawings of the City of Fresno Public Works Department; Click Here
5. Development shall take place in accordance with all city, county, state and federal laws and regulations.
6. Owners and persons having ownership interest in businesses operating in the City of Fresno (including leasing out any commercial or industrial property, or renting out four or more dwelling units) are required by the Fresno Municipal Code to obtain a Busin ess Tax Certificate. Contact the City of Fresno Finance Department’s Business Tax Division at (559) 621 -6880 for more information. Information and an application form is available at the following website: Click Here
7. All proposed building(s) or structure(s) constructed on the property must comply with the prevailing California Building Code Standards.
8. Any building modifications and/or additions not included with this application are not approved with this special permit and would be subject to a new special permit.
9. A permit granted under this Code shall automatically expire if it is not exercised or extended within three years of its issuance. Refer to section 15 -5013, Expiration of Planning Entitlements, for more information about the exercise of rights.
FENCES/WALLS, LANDSCAPING, PARKING
10. Nothing in this Development Code shall be deemed to prohibit the erection of temporary fencing around construction sites in compliance with the Building Code and other applicable provisions of the Fresno Municipal Code.
11. Future fences shall be reviewed and approved by the Planning and Development Department prior to installation.
12. Fences, hedges, and walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height. Fences shall be maintained and shall stand upright and shall not lean.
13. All planting and other landscape elements shall be permanently maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings sha ll be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. Yards shall be maintained free of refuse, debris, rubbish, or other accumulated matter and/or materials, and shall be maintained clean. Grass shall not exceed six inches in height.
Conditions of Approval
Conditional Use Permit Application No. P23-00244
August 7, 2023 October 4, 2023
14. Trees shall be maintained by property owners to be free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects, and disease. Any tree showing such damage shall be replaced with another tree.
15. No tree for which a Tree Removal Permit is required shall be removed until all conditions of the permit have been satisfied and the decision has become final. In addition, tree(s) approved for removal in conjunction with a development application shall not be removed before the issuance of a Building Permit or unless all of the conditions of approval of the development applications are satisfied.
16. The review authority shall issue a Tree Removal Permit if any of the following general criteria is met:
a) The tree(s) is irreparably diseased or presents a danger of falling that cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices so that the public health or safety requires its removal.
b) The tree(s) can potentially cause substantial damage to existing or proposed main structure(s) (e.g. dwellings, other main structures, or public infrastructure) or interfere with utility services and cannot be controlled or remedied through reasonable rel ocation or modification of the structure or utility services.
c) The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Review Authority that there are no reasonable alternatives to preserve the tree(s).
17. Future tenant improvements shall be reviewed and approved by the Planning and Development Department to ensure that adequate off-street parking is provided.
18. The number of trees required for parking lot shading are in addition to trees required elsewhere on the site as prescribed in other sections of this Code
19. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.
20. A minimum number of accessible parking stalls are required for the proposed project per State of California Building Code, “Development Requirements for Handicapped Accessibility.”
21. All accessible stalls shall be marked with the international symbol of spaces and a warning that vehicles in violation of Section 10-1017 of the Municipal Code shall be towed away. The international symbol and tow-away warning shall be posted conspicuously on seven-foot poles. (Include this note on the site plan.)
22. Applicants are encouraged to provide shared vehicle and pedestrian access between adjacent properties for convenience, safety, and efficient circulation. A joint access covenant shall be required. (Include this note on the site plan.)
23. All general standards of Section 15 -2015 of the FMC shall apply when lighting is provided to illuminate parking, sales or display areas. Depict all proposed lights on the site plan.
24. Bicycle parking spaces shall be supplied according to Table 15-2429-D: Required On-Site Bicycle Parking Spaces of the Fresno Municipal Code (FMC). Each bicycle parking space shall be a minimum of 30 inches in width and eight feet in length and shall be accessible without moving another bicycle.
At least 30 inches of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces to allow for the maneuvering of bikes. Overhead clearance shall be a minimum of seven feet. A minimum five foot aisle between each row of bicycle parking shall be provided for bicycle maneuvering beside or between each row, when multiple rows are proposed. Bicycle parking spaces shall not encroach into pedestrian ways, landscaped areas, or other required open spaces, and shall be located proximal to structures.
Conditions of Approval
Conditional Use Permit Application No. P23-00244
August 7, 2023 October 4, 2023
25. All general provisions of Section 15-2403 of the FMC shall apply to all parking areas.
SIGNAGE
26. All future signs shall be architecturally compatible with the proposed building(s). Provide a set of drawings, with descriptive information, including, materials, design and colors to allow for a preliminary assessment of the future signage. It is recommended that you provide a copy of the signage early in the project process to allow for staff comment.
27. Signs, other than directional signs, if applicable , are not approved for installation as part of this special permit. (Include this note on the site plan.)
28. All proposed signs shall conform to the current sign ordinance. Applications for a sign permit and requirements for submittal are available at the Planning and Development Department's Public Front Counter or online at: Click Here
29. Window signs limited to the hours of operation, address, occupancy, and emergency information, subject to the following standards:
a) Operational windows signs shall not be mounted or placed on windows higher than the second story.
b) The maximum area of exempt window signage shall not exceed three square feet in area.
30. Banners, streamers, moving signs, and inflatables (including air dancers, balloons, and similar objects) are allowed subject to Temporary Use Permit approval for establishments within Non - Residential Districts. Signs of this type do not count toward total maximum sign area. No sign per this section shall be displayed for more than 30 days, and a period of 30 must lapse before displaying another sign. Signs shall not be displayed for more than 60 total days during a calendar year.
31. Every sign displayed within the city, including exempt signs, shall be maintained in good physical condition and shall comply with adopted regulations. All defective or broken parts shall be replaced.
Exposed surfaces shall be kept clean, in good repair, and painted where paint is required.
MISCELLANEOUS
32. Noise levels shall not exceed the decibel levels described in Section 15 -2506 of the FMC at any time, measured at the nearest subject property line.
33. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and lea ve the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.
34. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or sky-reflected glare from floodlights shall not be dire cted into any other property or street. Except for public streetlights and stadium lights, no light, combination of lights, or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one -half foot- candle.
35. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located. Windows shall not cause glare that may disrupt adjoining properties, traffic on adja cent streets, etc. Glare or heat reflected from building materials shall be mitigated so as to not disrupt surrounding properties.
36. The address listed in the conditions of approval is the 'Official Address' given to the building. If you would like separate suite or unit numbers for a building, provide a floor plan and contact the City of Fresno Planning and Development Department for 'Official Addresses’. Only those addresses assigned by the City of Fresno will be recognized as 'Official Addresses' . The United States
Conditions of Approval
Conditional Use Permit Application No. P23-00244
August 7, 2023 October 4, 2023
Post Office will only recognize addresses assigned by the City of Fresno. If a non-official address is given to a building and or/separate suites, the City of Fresno has the authority to charge a fee and have those addresses corrected. In addition, the United States Post Office will cease mail delivery to those addresses that are not ‘Official Addresses’.
37. All projects, including projects that involve less than one acre of property, are required to comply with the City of Fresno’s Urban Storm Water Quality Management and Discharge Control Ordinance, FMC Chapter 6, Article 7 (FMC Sections 6-701 et seq.)
When a project involves one acre or more of construction activity (including, but not limited to, grading) the developer is required to obtain a storm water discharge permit for construction, with a Notice of Intent (NOI) filed prior to commencement of any grading construction activity. Contact the Fresno office of the California Regional Water Quality Control Board at 559-445-6281 regarding the required NOI and storm water discharge permit. Additional information on California’s construction storm water regulation may be obtained from the Water Board via the internet:
www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml
Helpful information for preparing and implementing stormwater pollution prevention plans may also be obtained from the California Stormwater Quality Association via its website, www.casqa.org
When a project involves specified nonresidential activities (certain commercial and industrial activities), an ongoing industrial stormwater discharge permit is also required. Contact the Fresno office of the California Regional Water Quality Control Board at 559-445-6281 to find out whether your project/business requires an industrial stormwater discharge permit, and to obtain details on securing this permit. Additional information on industrial stormwater regulations may be obtained from the following website:
www.waterboards.ca.gov/water_issues/programs/stormwater/industrial.shtml,
The California Stormwater Quality Association has additional information on preparing stormwater pollution prevention plans for industrial activities (www.casqa.org).
38. Screen all roof-mounted equipment from the view of public rights-of-way. Depict all mechanical equipment on site plan and elevations.
39. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. (Include this note on the site plan.)
40. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone:
(805) 644 -2289) shall be contacted to obtain a referral list of recognized archaeologists. An archeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. (Include this note on the site plan.)
41. If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. (Include this note on the site plan.)
42. Connection to a municipal water system is required unless approved measures are included in the project conditions of approval for an alternative water supply.
Conditions of Approval
Conditional Use Permit Application No. P23-00244
August 7, 2023 October 4, 2023
43. Connection to a municipal City of Fresno sewer system is required unless approved measures are included in the project conditions for alternative wastewater treatment facilities
44. City of Fresno water and sewer connection charge obligations applicable to this project will be computed during the building construction plan check process and shall be payable at time of issuance of building permit unless other arrangements have been app roved to defer such payments to a later date. For information relating to water and sewer service requirements and connection charges, contact Frank Saburit at (559) 621-8277.
45. Open street cuts are not permitted; all utility connections must be bored.
46. CROSS-CONNECTION CONTROL. A backflow prevention device may be required on the water service. Contact the Department of Public Utilities, Water Division (559) 621 -5300 for requirements relating to approved devices, locations, testing and acceptance. This requirement must be satisfied prior to final occupancy.
47. This project was reviewed by the Fire Department only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of the Planning and Development when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building.
48. Open storage (outside an enclosed building) shall be limited to vehicles, boats, recreational vehicles, and trailers. Outdoor storages areas shall be screened from public view by building façades or solid fences. At the discretion of the Review Authority, the treatment of the ground surface of the open storage area may be gravel or other materials as prescribed by the San Joaquin Valley Air Pollution Control District, the Public Works Department, the Fire Department, and the Fresno Metropolitan Flood Control District. All open storage must be depicted on the site plan and described in operational statement. If it is not, it is not allowed on the site.
49. If video surveillance cameras are required or installed, provide signs under the surveillance cameras which notify the public that the subject property is monitored by video surveillance.
FEES
(Not all fees will be applicable to all projects)
50. NOTICE TO PROJECT APPLICANT : In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of t he development or within 90 days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
51. CITYWIDE DEVELOPMENT IMPACT FEES
a) Traffic Signal Charge (FMC Section 12-4.1101 to 12-4.1103) This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. Refer to the adopted Master Fee Schedule for fee rate. This fee shall be paid at time of building permit. b) Fire Facilities Fee (FMC Section 12 -4.901 to 12 -4.906) (based on building square footage, or residential units)
c) Police Facilities Fee (FMC Section 12 -4.801 to 12 -4.806) (based on building square footage, or residential units)
d) Parks Facilities Fee (FMC Section 12-4.701 to 12-4.706) (based on the number of residential units)
Conditions of Approval
Conditional Use Permit Application No. P23-00244
August 7, 2023 October 4, 2023
52. CITYWIDE REGIONAL AND NEW GROWTH MAJOR STREET IMPACT FEES (FMC Section 12-
4.1006)
a) Street Impact Fees shall be due and payable at the time of building permit issuance unless otherwise required by State law.
b) Street Impact Fees will be a condition on all development entitlements granted. c) New construction on vacant parcels shall be calculated on a net acreage (adjusted acre basis) of the entire property subject to the development entitlement based upon planned land use. Notwithstanding, fees shall be based upon actual land use for development s in the C -M zone district and for development projects developed inconsistent with the plan land use. d) New construction on property that is partially developed, Street Impact Fees will be applied to the incremental increase proportionate to the respective floor to area ratios (25% for commercial and 40% for industrial). In no case shall anyone pay more than the amount of the total net acreage of the parcel multiplied by the applicable fee rate.
e) Reuse being more intensive that the original use, the developer shall be required to pay the difference between the current amount of the Street Impact Fee obligation for the old use and the current amount of the Street impact Fee obligation for the new use.
53. FRESNO COUNTY FACILITY IMPACT FEE
Fresno County adopted a Facilities Impact Fee, but the requirement to pay this fee was subsequently suspended by Fresno County. If the fee has been reinstated at the time of issuance of building permits for this project, or an alternative fee system has b een adopted by Fresno County, proof of payment or payment of this fee will be required for issuance of building permits.
54. REGIONAL TRANSPORTATION MITIGATION FEE (RTMF)
Pay the RTMF fee to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148, ext. 200; www.fresnocog.org. Provide proof of payment or exemption prior to issuance of certificate of occupancy.
55. SCHOOL FEES
School fees must be paid, if required, prior to the issuance of building permits. Contact Fresno Unified School District. Provide proof of payment (or no fee required) prior to the issuance of building permits.
56. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) FEES
57. SEWER CONNECTION CHARGES (FMC Section 6 -304(a)). The following sewer connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New sewer connection charges adopted by the Council prior to the issuance of building permits may also be applied.
a) Lateral Sewer Charge (based on property frontage to a depth of 100’) b) Oversize Sewer Charge (based on property frontage to a depth of 100’)
Effective January 9, 1999, Ordinance No. 98 -97 also amended certain sewer connection charges. Fresno Municipal Code Article 15, Section 12 provides property owners the incentives and deletes certain sewer connection charges pursuant to the Simple Tiered Equity Program (STEP) and the Employment Development Program (EDP). For additional information on the STEP and EDP, contact the Department of Public Utilities, Administration Division at (559) 621-8600.
58. WATER CONNECTION CHARGES: (FMC Sections 6 -507 to 6 -513). The following water connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New water connection charges adopted by the Council prior to issuance of building permits may also be applied.
a) Frontage Charge (based on property frontage)
b) Transmission Grid Main Charge (based on acreage)
Conditions of Approval
Conditional Use Permit Application No. P23-00244
August 7, 2023 October 4, 2023
c) Transmission Grid Main Bond Debt Services Charge (based on acreage) d) UGM Water Supply Fee (based on living units, living unit equivalents or acreage) e) Wellhead Treatment Fee (based on living units or living unit equivalents) f) Recharge Fee (based on living units or living unit equivalents) g)1994 Bond Debt Service Charge (based on living units or living unit equivalents) h) Service Charges (based on service size required by applicant) i) Meter Charges (based on service need)
59. Deferment of the payment of Citywide development impact fees for Fire, Police, Parks, Streets, and Traffic Signals is available for projects located within the Downtown Priority Areas in accordance with the provisions of City of Fresno Resolutions Nos. 2009-265 and 2010-19.
1008.3.2
1008.3.2
1008.3.2
1008.3.2
1008.3.2
Emergency exterior lighting will be noted in yellow
L, P L, P
L, P
L, P L, P
CLASS K
EXTINGUISHER
OPERATIONAL STATEMENT
AND
SECURITY PLAN
LAND OWNER: Gerald Cross
MARKS BULLARD INVESTORS L P
7330 North Palm
285 W SHAW AVE STE 107, FRESNO, CA 93704-2654
Fresno, CA 93711
CENTER Space Pad
3045 W. Bullard
Fresno, CA 93711
APN of SUBJECT
PARCEL, BUILDING 415-373-13
AND PREMISES: Existing building are individually numbered Premises: 3,500 +/- square feet
TENANT APPLICATION & LOCKEDIN
TRADE NAME of 3045 W. Bullard
RESTAURANT: Fresno, CA 93711
Trade name has been selected as LOCKEDIN
Owner Valerie Richardson (559) 514-3880
TENANT APPLICANT
Tenant Applicant’s ownership is an individual that has experience operating other locations throughout the Fresno county area. Such Locations are Chukchansi Restaurants, Yosemite Falls Restaurant and other smaller locations all aspects of the restaurant from the internal chefs and servers will all be reporting to the owner who will be daily managing the operations with the support of computer programs as “SPOT ON.”
RESTAURANT CONCEPT
LOCKEDIN is a company that provides a full service restaurant specializin g in Seafood creations. LOCKEDIN will offer banquet has rentals for festivals, parties and private function gatherings. I will serve also traditional Mexican dished but also include those dished with the functionality of a banquet room for private parties and festivals.
LOCKEDIN is a company that provides a full service restaurant specializing in Seafood creations. LOCKEDIN will offer banquet has rentals for festivals, parties and private function gatherings. With that being said, the company will acquire market share of the Spanish market. In forecasting the market, LOCKEDIN will project sales of $2,352,870 after two years of operation. After 5 years of operation, I expect to achieve a 30% increase in total sales. My mission or goals is to reach people that obsess over good food and feeding that need. They can have a good time. Good food and good drinks in a private banquet setting or in a public restaurant setting is very much needed in the Central Valley. By reaching my goal on providing a location that can accomplish this, I will have fulfilled my lifelong goal of improving the lives of people in the community
HOURS of OPERATION
Tenant Application intends to operate during the following hours Sunday to Saturday 8:00 am to 2:00 am.
It is anticipated a large percentage of sales will result from alcohol and a large percent will result in seafood sales
TYPE of LICENSES BEING REQUESTED
Tenant Applicant possesses a TYPE 47 Liquor License that is being attached to this property, rental location.
Security
Security plan attached
Every Friday and Saturday from 5pm to 10pm security will be added to the premises.
Security Supervisor name and phone number is as follows:
Aliyah Vargas (559) 493-1861
Existing surveillance video will be in place with a total of 12 cameras that are recording 24 hours a day 7 days a week with a backup system both onsite and offsite in the form of digital video recording. All camera are maintained and operated during business hours.
Other items are currently in place such as:
• First aid
• Fire Protection
• Alarm
• Emergencies
Incident reports will be recorded for any incidents that may occur on and around the premises.
Dress Rules and Regulations:
• No gang attire
• No bandanas or durags of any kind
• No solid blue T’s or red T-shirts
• No wife beaters
• No political t-shirts
• No profanity or inappropriate symbols
• No biker vests or cuts
• No visible gang related tattoos
• No negative attitude or bad mouthing
Due to the past establishment that was in prior existing, we have to formulate a more sticker dress and security plan. We wish not to attract the same type of clientele as the last business that occupy the establishment
Nights that we will be hosting karaoke or DJ, security will be in place from 5pm to 10pm. Dress code will be used and security will be in place for an as needed basis.
All security agents will have a valid guard card and if more security is needed they will be on an on-call basis
External Cleaning Procedure and Care
The leased premise of 3045 W. Bullard Fresno, CA 93711, with its assigned parking will be care for as part of the nightly closing procedure of the business. The Manager Valarie Richardson will oversee the cleanliness of the exterior, which will consist of the building itself, lighting and the parking lot. The following procedures for cleaning will be implemented:
• Pick up all trash discarded
• Wash down the front of the building
• Clean windows
• Wash away any fluids that may have been left behind by patrons • Disinfect affected areas and sanitize affected areas
A formal cleaning procedure manual will be posted in the operational office for the public to review upon request.