Exhibit Q
CONSIDERATION OF AN APPEAL TO
CONDITIONAL USE PERMIT APPLICATION
NO. P23-00244
AND
THE RELATED ENVIRONMENTAL FINDING
PRESENTATION BY: LUKE RISNER, PLANNER II
CITY COUNCIL| NOVEMBER 16, 2023ID 23-1522
AERIAL MAP
CITY COUNCIL HEARING
NOVEMBER 16, 2023 | ID 23-1522
ZONING CLASSIFICATION MAP
CITY COUNCIL HEARING
NOVEMBER 16, 2023 | ID 23-1522
APPLICATION INFORMATION
Conditional Use Permit Application No. P23-00244 requests to extend the hours of operation from 9 A.M. to 2 A.M. of an existing Type 47 alcohol license (On-Sale General – Eating Place) for an existing restaurant (Locked In).
➢ Currently authorized to operate from 9 A.M. to 10 P.M. with a Type 47 ABC License
CITY COUNCIL HEARING
NOVEMBER 16, 2023 | ID 23-1522
ANALYSIS
• Restaurants with Alcohol and Bars are permitted in the CC zone district with a Conditional Use Permit (Table 15-1202 of the FMC).
• Subject to Additional Regulations:
• Section 15-2751 (Restaurants with Alcohol, Bars, Nightclubs, and Lounges); and
• Section 15-2744 (Outdoor Dining and Patio Areas).
• Project complies w/ applicable regulations as
conditioned.
• Fresno Police Department was originally in opposition to extension of hours.
• If approved, requested specific PD conditions included in the Conditions of Approval which includes prohibition of live music.
CITY COUNCIL HEARING
NOVEMBER 16, 2023 | ID 23-1522
PUBLIC NOTICE & INPUT
• Council District 2 PRC voted to recommend denial 3-0. • Notice of Intent to Take Action
• Posted July 20, 2023
• Five comments from the public were received
• Approval & Notice of Action
• On August 7, 2023, Planning & Development Department approved application authorizing extension of hours from 8 A.M. to 12 A.M. subject to compliance w/ conditions of approval including PD conditions. • Notice of Action mailed to respondents including applicant • Appeal
• One Appeal letter received from applicant August 17, 2023 • Limitation on hours of operation.
• Prohibition of live music.
CITY COUNCIL HEARING
NOVEMBER 16, 2023 | ID 23-1522
PLANNING COMMISSION
• October 4, 2023 Hearing
• 1 Member of the Public Asked Questions
• Planning Commission voted to recommend adoption of
the Environmental Assessment and deny the appeal
and uphold the Director’s decision adding the
condition to allow live music until 10:00 P.M. on
Fridays and Saturdays, 5 votes to 0.
CITY COUNCIL HEARING
NOVEMBER 16, 2023 | ID 23-1522
STAFF RECOMMENDATION
DENY the appeal and UPHOLD the action of the Planning and Development Department Director to approve Conditional Use Permit Application No. P23-00244 authorizing the extension of the hours of operation for an existing restaurant with alcohol sales with a State of California Alcoholic Beverage Control (ABC) Type 47 alcohol license (On-Sale General – Eating Place), subject to the Revised Conditions of Approval dated October 4, 2023 as amended by the Planning Commission.
ADOPT Environmental Assessment No. P23-00244, dated July 1, 2023, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Section 15301/Class 1 Categorical Exemption.
CITY COUNCIL HEARING
NOVEMBER 16, 2023 | ID 23-1522