Exhibit E – Zoning Inquiry P23-02357
Response Letter
Planning and Development Department
Jennifer K. Clark, AICP, HDFP
Director
2600 Fresno Street, Room 3043
Fresno, California 93721-3604
(559) 621-8003
www.fresno.gov
September 26, 2023
Ed Mason
Bauer’s Auto Wrecking
317 West Voorman Avenue
Fresno, CA 93706
Please reply to:
Phillip Siegrist
559-621-8061
[email protected]
SUBJECT: ZONING INQUIRY NO. P23 -02357 FOR INFORMATION FOR PROPERTY LOCATED AT 317 W EST VOORMAN AVENUE (ASSESSOR'S PARCEL NO. 458-040-22)
Thank you for your letter of inquiry regarding zoning of the subject parcel. The requested information about Fresno Municipal Code (FMC) Zoning Ordinance compliance has been obtained from public records in the Planning and Development Department. The City of Fresno, on December 3, 2015, adopted a new Citywide Development Code, Chapter 15 of the Fresno Municipal Code. In addition, a citywide rezoning was passed by the Fresno City Council on February 4, 2016, and became effective on March 7, 2016. This zoning inquiry reflects the updated zone district classification changes to the property.
You requested the following information:
• Confirm zoning
• Confirm conformity
In addition, you requested the following information:
This is an application for a Zoning Inquiry related to real property located at 317 West Voorman Avenue (Assessor’s Parcel No. 458- 040-22). This Zoning Inquiry is related to the implementation of the March 30, 2023, Decision and Order by the City of Fresno Independent Hearing Officer wherein Bauer’s Auto Wrecking and Towing was ordered to be reinstated to the current Tow Services Agreement and related Rotational Tow List within 14 calendar days of the issuance of such Decision and Order, during which the Fresno Police Department was to confirm that Bauer’s Auto Wrecking and Towing meets all standards and requirements under the current Tow Services Agreement and all applicable Fresno Municipal Code, State and Federal Laws.
The undersigned previously requested a determination from the Planning Director confirming its operations was in compliance with applicable Fresno Municipal Code standards, and received an oral conveyance, from the City Attorneys Daniel Casas and Jennifer Nguyen- Bui that, Bauer’s property was required to comply with the requirements of Fresno Planning Department’s Policy and Procedure C-002, including standards of pavement. This request is to seek a written determination from the Planning Director regarding such matters, and to request that such decision take into account the information submitted in support of this application.
Zoning Inquiry No. P23-02357
317 West Voorman Avenue
September 26, 2023
The request is for the Planning Director’s written confirmation that the use of the subject property for a Tow Yard satisfies relevant zoning laws of the City, based on the following facts and evidence. Alternatively, the request is for the Planning Director’s written statement of the specific circumstances that exist that result in a violation of such laws, and particularly any violations of Policy and Procedures No. C-002. The facts and evidence are continued in Exhibit 1 attached to this Application. Please also first focus on the second and third attachments, as the D-5-31-23 attachment is unable to be removed from this Application from prior working on this Application on June 26, 2023. Thank you.
This letter verifies that the subject assessor’s parcel pertains to ±2.19 acres of property located between West Voorman and West Nielsen Avenues, west of North Thorne Avenue in Fresno, California. Research of the property reveals the following:
1. The subject parcel is located within the boundaries of the updated Fresno General Plan adopted on December 18, 2014. The Fresno General Plan may be accessed by clicking the following link: Long-Range Plans & Development Code
.
2. The Fresno General Plan and the Downtown Neighborhoods Community Plan designate the subject property as Employment – Heavy Industrial planned land use. These planning documents serve the community as tools for coordinating local policies and implementation programs and determining the strategy for the continued land use development within the city.
3. The subject property is located in the IH (Heavy Industrial) zoning district. Pursuant to the FMC Chapter 15, Article 13
, the IH Zone District is intended accommodate the broadest range of industrial uses on sites identified in the General Plan. It includes manufacturing, assembly, wholesaling, distribution, and storage activities that are essential to the development of a balanced economic base. Small -scale commercial services and ancillary office uses are also permitted. The IH zone district is consistent with the Employment – Heavy Industrial planned land use designation.
4. Surrounding properties are classified as follows:
North: IH (Heavy Industrial)
South: IH (Heavy Industrial)
East: IH (Heavy Industrial)
West: IH (Heavy Industrial)
5. The subject property is currently developed and utilized as a Tow /Automobile Impound Yard (Bauer’s Towing/Auto Wrecking).
6. Pursuant to FMC Section 15-6704 (Commercial Use Classifications), the existing use would be classified as Towing and Impound, which is a sub classification of the more general Automobile/Vehicle Sales and Services. Towing and Impound is defined as follows:
Zoning Inquiry No. P23-02357
317 West Voorman Avenue
September 26, 2023
Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking).
7. Development of the subject parcel was facilitated by, and in accordance with, the following applications, policies, etc.:
Annexation No. 890: the subject property was annexed into the City of Fresno on July 21, 1980.
• Per aerial images made available from the Map and Aerial Locator Tool (MALT) the subject property does not appear to be operating as a as a Tow Yard prior to being annexed into the City of Fresno in 1980.
According to available City of Fresno Business Tax Division records, Bauer’s Towing has been continually operating at this site and has maintained a valid Business Tax Certificate since August 1, 1984.
Director’s Classification No. 208 (2
nd amendment), approved on June 16, 2010
(initially adopted January 24, 2006), permitted “Towing, Storage and Lien Sales of Impounded Motor Vehicles” in the:
1) C-M and M-1 Districts, subject to a conditional use permit, and conditions contained below; and
2) M-2 and M -3 Districts, as a use permitted subject to a site plan review, and conditions listed below.
Conditions:
1. The operator shall be approved by an established Governmental Law Enforcement Agency.
2. Storage lots must provide either a minimum of 5,000 square feet in area, or the capability to store a minimum of 20 vehicles.
3. A minimum six -foot high solid fence or wall shall enclose any outside storage area to screen the stored vehicles and other property from public view.
4. The operator shall provide adequate security of vehicles and property at the storage site.
5. Property other than motor vehicles is limited to personal property found inside the impounded vehicle.
6. A paved surface, or other approved alternative surface, shall be provided for any outside vehicle or vehicle parts storage area.
7. Retail sales shall be limited to lien sales of vehicles and/or personal property not claimed by the owner.
8. There shall be no dismantling of motor vehicles.
9. In the C-M zone district, these uses are not permitted on property that is within 200-feet of property planned or zoned for residential uses.
Zoning Inquiry No. P23-02357
317 West Voorman Avenue
September 26, 2023
10. In the C-M zone district, this use shall not be allowed on property that is in or within 200-feet of an integrated office/industrial business park or shopping center.
Policy and Procedure No. C -002 dated June 14, 2011, p rovided City staff, tow yard business owners and the general public the ability to verify whether or not a Tow Yard was legally established and/or a legally allowable use on a specific site.
According to item No. 3 of Policy and Procedure No. C-002 and as it relates to the subject property and use:
o All existing tow yards established prior to January 24, 2006 that were not previously required to file a special permit application may be determined to be a legally operating tow yard if the following conditions are met:
i. The applicant must have a legal business license for a tow yard with the City of Fresno for the year 2005 that shows that the specific site in question was in operation as a tow yard at that time. If no such license exists, all business license fees must be paid and the operator must provide proof to the satisfaction of the Director that the tow facility was in operation prior to January 26, 2006. ii. The site must have no open or previous code enforcement cases related to the operation of a tow yard.
iii. If the site is in compliance with items 3-i and 3-ii above, the applicant must submit a request with the City to verify compliance and pay a fee of $510. The applicant must submit a site plan and pictures showing that the following two requirements have been met:
a. The areas where cars or vehicle parts are stored and vehicles drive must be paved. This pavement must be constructed to Public Works Standard P -
21. A grading plan and permit will be required for the installation of pavement on a site.
b. The area where cars are stored must be completely screened from view from the public right-of-way or residential areas by a solid fence or wall. A chain link fence with slats is acceptable.
A complete request must include: A City of Fresno Special Permit application signed by the property owner, a site plan drawing (this site plan does not need to be drawn by a professional, but must be to scale and show all buildings, structures, and storage areas), a detailed operational statement, and pictures of the site showing that the site is in compliance with the conditions noted above.
iv. A tow yard must comply with following operational conditions contained in Director Classification No. 208 as applicable:
a. The operator shall provide adequate security of vehicles and property at t he storage site.
Zoning Inquiry No. P23-02357
317 West Voorman Avenue
September 26, 2023
b. The storage of property other than motor vehicles is limited to personal property found inside the impounded vehicles.
c. Retail sales shall be limited to lien sales of vehicles and/or personal property not claimed by the owner.
d. There shall be no dismantling of motor vehicles.
v. A site that is not in compliance with items 3-i and 3-ii above must file a full special permit application in order to legally establish and operate as a tow yard in accordance with item #1 above.
According to procedures outlined in Policy and Procedure N o. C -002, requests for verification are to be filed as a Zoning Inquiry and the applicant is to be given a letter (after all documentation is submitted and staff is able to verify compliance) that indicates that the subject tow yard is legally in operation.
Zoning Inquiry No. Q-11-035 (submitted July 7, 2011 under HTE Naviline No. PZ11- 80000105) dated August 5, 2011 was prepared and processed in response to Policy and Procedure No. C-002 dated June 14, 2011.
• It is noted that the subject site, specifically the areas where cars or vehicles are stored and vehicles drive, is not paved nor constructed to Public Works Standard P- 21 as required in accordance with policy item 3-iii-a.
• It is further noted that base rock material does not meet the standards detailed in Public Works Standard P -21. Additionally, it is noted that there are no records of grading plans and permits being submitted or pulled for installation of pavement on the site.
Therefore, the site is not in conformance with the standards and requirements outlined under Policy and Procedure No. C-002 dated June 14, 2011.
8. Pursuant to FMC Table 15- 1302 (Land Use Regulations – Employment Districts), Towing and Impound is permitted in the IH zone district with an approved Conditional Use Permit and subject to additional regulations in accordance with FMC Section 15- 2765 (Vehicle Impound Yard (Tow Yard) and Transit Storage.
Pursuant to FMC Section 15- 2765-A (Existing Facilities), Existing facilities established prior to January 24, 2006 may continue to operate subject to the following conditions:
1) Compliance with all Conditions of Project Approval per the pertinent entitlement. 2) If an entitlement was not required per zoning regulations, the applicant shall provide evidence, satisfactory to the Director, that the facility:
a) Was established prior to January 24, 2006 and that the use has been in continuous use;
b) The site has had a valid business license since January 24, 2006; and c) The site does not have any outstanding items from Code Enforcement.
Zoning Inquiry No. P23-02357
317 West Voorman Avenue
September 26, 2023
9. The existing use was not established with an approved Conditional Use Permit or other land use entitlement. However, the existing use was established prior to January 24, 2006 (as evidenced in the Zoning Inquiry No. Q -11-035) and has been in continuous use, has maintained a valid business license since January 24, 2006 and has no outstanding Code Enforcement violations related to the use (Tow Yard) . Therefore, according to the current zoning ordinance and regulations for the IH zone district, the current use (Tow Yard) of the subject property is a legal non- conforming use which is subject to the provisions of FMC Section 15-404, Legal Non-Conforming Uses.
Continuation of Legal Non-Conforming Uses. Except as otherwise provided in this article, any Legal Non-Conforming use may be continued indefinitely. No Illegal Non- Conforming use shall be continued unless such use subsequently comes into conformity with the applicable provisions of this Code.
Expansion of Legal Non-Conforming Uses. A Legal Non-Conforming use shall not be expanded unless a Conditional Use Permit is granted for such expansion. Prior to issuance of a Conditional Use Permit, it must be determined that at least one of the following three circumstances exists:1.The resultant use and/or project design will reduce current adverse impacts on adjacent properties and/or on the general public;2.The resultant use and/or project design will aid in the preservation of a historic resource; or3.The expansion of the use or the enlargement of a structure housing a non- conforming use is necessary to comply with a requirement imposed by law for the operation of the particular use, including, but not limited to, regulations for disabled access or seismic retrofit.
Change of Legal Non-Conforming Use. A Legal Non-Conforming use shall not be changed to, or substituted for, another non-conforming use unless a Conditional Use Permit is granted for such change or substitution. To grant such a Conditional Use Permit the Director must first find that, in addition to the findings required by Section 15-404-B, the resultant use will be more consistent with the uses permitted in the district than the former use.
Abandonment of Legal Non-Conforming Uses – All Other Districts. A Legal Non- Conforming use shall not be re- established in any structure if such Legal Non- Conforming use has ceased for a consecutive 12- month period within five years of January 3, 2016. Once the five year period from the effective date of this Code has passed, a Legal Non-Conforming Use shall not be re- established in any structure in a Non- Residential District if such Legal Non- Conforming Use has ceased for a consecutive period of 90 days or more.
This information was researched by the undersigned per the zoning request. 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 information was obtained from public records held by the Zoning Inquiry No. P23-02357
317 West Voorman Avenue
September 26, 2023
Planning and Development Department, which may be inspected during regular business hours.
A copy of the FMC may be obtained by contacting the City Clerk’s office at (559) 621-7650. The FMC may also be searched on the Internet, free of charge, by going to www.fresno.gov . If you have questions regarding this matter, please contact me by telephone at (559)621-8486 or at Phillip.Siegrist.gov.
Sincerely,
Phillip Siegrist
Planning Manager
Planning and Development Department
Attachments: Director’s Classification No. 208 dated June 16, 2010 Policy and Procedure No. C-002 dated June 14, 2011
City of Fresno Department of Public Works Standard P-21 Zoning Inquiry No. Q -11-035 dated August 5, 2011 (HTE Naviline No. PZ11- 80000105)
Material Submitted by Applicant