Exhibit O
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 13814
The Fresno City Planning Commission, at its regular meeting on October 4, 2023 , adopted the following resolution relating to Conditional Use Permit Application No. P23-00244.
WHEREAS, Conditional Use Permit Application No. P23-00244 was filed by Valarie Richardson of Locked In and pertains to approximately 0.1 acres of property located at 3045 West Bullard Avenue, located at the southwest corner of West Bullard and North Marks Avenues; and,
WHEREAS, Conditional Use Permit Application No. P23-00244 requested to extend the hours of operation of an existing 3,500 square-foot restaurant with alcohol (Locked In) operating with a State of California Alcoholic Beverage Control (ABC) Type 47 alcohol license (On-sale – General, eating place); and,
WHEREAS, on August 7, 2023, the Planning and Development Department Director approved Conditional Use Permit Application No. P23-00244 subject to Conditions of Approval dated August 7, 2023, as the proposed project satisfied the required findings of approval for Conditional Use Permits per Section 15-5306 of the Fresno Municipal Code; and,
WHEREAS, the Director’s decision to approve Conditional Use Permit Application No. P23-00244 which authorized the extension of hours of an existing State of California Alcohol Beverage Control (ABC) Type 47 alcohol license was appealed on August 17, 2023; and,
WHEREAS, pursuant to Section 15-5303 of the Fresno Municipal Code, the Fresno City Planning Commission conducted a noticed public hearing on October 4, 2023; received testimony from the applicant, the Fresno Police Department and consider ed the Planning and Development Department’s report recommending denial of the appeal and upholding the action of the Planning and Development Department Director to approve Conditional Use Permit Application No. P23- 00244 with Conditions of Approval dated August 7, 2023; and,
WHEREAS, the project applicant spoke in support of the project and one member from the public asked questions about the proposed project; and,
WHEREAS, the Fresno City Planning Commission reviewed the subject conditional use permit application in accordance with the policies of the Fresno General Plan , Bullard Community Plan, and the Fresno Municipal Code; and,
NOW, THERFORE, BE IT RESOLVED that a motion was made to uphold staff’s recommendation to deny the appeal which failed in a 2-3 vote; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED that a second motion was made to uphold staff’s recommendation to deny the appeal with the condition to allow live music on Friday s and Saturdays until 10:00 P.M. which resulted in a 5-0 vote ; therefore, Conditional Use Permit Application No. P23-00244 as approved by the Planning Commission authorizes the extension of hours of operation and allows for live music to occur only on Fridays and Saturdays until 10 :00 P.M.
Planning Commission Resolution No. 13814
Conditional Use Permit Application No. P23-00244
October 4, 2023
The foregoing Resolution by the Fresno City Planning Commission was made upon a motion by Commissioner Bray, seconded by Commissioner Wagner.
VOTING: Ayes - Vang, Bray, Fuentes, Diaz, and Wagner
Noes - None
Not Voting (Recused) - Hardie
Absent - Criner
DATED: October 4, 2023
__________________________________
Jennifer Clark, Secretary
Fresno City Planning Commission
Resolution No. 13814
Conditional Use Permit Application No. P23-00244
Filed by Valarie Richardson of Locked In
Action: Deny the appeal and Uphold Action of the
Director to Approve the project with the condition
added