Exhibit G
Planning and Development Department
2600 Fresno Street, Room 3043 Jennifer K. Clark, AICP, HDFP Fresno, California 93721-3604 Director
(559) 621-8277
www.fresno.gov
April 2, 2025
P lease reply to:
V aleria Ramirez
(559) 621-8046
[email protected]
Yeslam Haimed
[email protected]
(Sent via email)
SUBJECT: CONDITIONAL USE P ERMIT APPLICATION NO. P24-01344 FOR PROPERTY LOCATED AT 2717 NORTH HUGHES AVENUE (APN: 442-082-29).
On April 2, 2025, the Planning Commission approved Conditional Use P ermit Application No. P24-01344, which was filed by Yeslam Haimed of A’s Family Market, and pertains to the ±0.76 acre lot located at 2717 Nor th Hughes Avenue. The applicant is proposing to establish a State of California Alcoholic B everage Control Type 20 alcohol license (sale of beer and wine for consum ption off the premises where s old. Minors are allowed on the premises) at an existing business. The parcel is zoned CC ( Commercial Community).
The location and business of the proposed project is located is already existing, and no tenant improvements are being proposed. The project is solely for the establishment of a State of California Alcoholic Beverage Control Type 20 alcohol license . T herefore, the project was determined to be exempt from the California Environmental Quality Act on April 2, 2025, through a Section 15301/Class 1 Categorical Exemption (Existing Facilities).
The approval of this project is subject to compliance with the following Conditions of Approval:
CONDITIONS OF APPROVAL
PART A – ITEMS TO BE COMPLETED
The following items are r equired prior t o issuance of bui lding permits and/or prior t o occupancy:
Planner to
check
when
completed
1. Development shall take place in accordance with Exhibit s A, E, F, O-1 & O-2 dated April 9, 2024. If any, transfer all red line notes, comments, conditions, etc. to the corrected exhibit(s) and submit to planner at least 15 days prior to
Conditional Use Permit Application No. P24-01344
April 2, 2025
PART B – OTHER AGENCY COMMENTS AND CONDITIONS
1. Fire:
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.^^
If you have questions and would like more information regarding FFD sign off of the corrected site plan.
2. Demonstrate compliance with FMC Section 15- 2706-S (Cancel and Transfer) prior to issuance of a State of California Alcoholic Beverage Control Type 20 (beer, wine for consumption off premises where sold).
Each ABC license that is canceled also includes surrender of the alcohol-sales portion of all related Conditional Use Permits and waiver of any legal non- conforming use rights related to the sale of alcohol for off-site consumption.
• Provide a letter of acknowledgement from the store owner(s)/operator(s) that will be surrendering the alcohol -
sales portion of all related
Conditional Use Permits associated with their store/operation.
Therefore, A’s Family Market shall cancel three ( 1) ABC license and transfer four (2) ABC licenses as set forth in Table 15-2706.
3. Provide the property line dimensions on the site plan (Exhibit A).
4. Depict the legal description of the property on the site plan (Exhibit A).
5. Depict where the alcohol will be displayed on the floor plan (Exhibit F).
6. Depict the type of items that will be provided and where they will be displayed on the floor plan (Exhibit F).
7. Depict the square footage of the establishment on the floor plan and the Operational Statement (Exhibit F & Exhibit O).
8. Include the following information into the Operational Statement (Exhibit O):
• Correct the zone district to CC (Commercial Community) • Number of employees
• A more detailed description of the proposed use and its operations.
Conditional Use Permit Application No. P24-01344
April 2, 2025
Development Policies please see the following: https://www.fresno.gov/fire - training/manuals-and-forms/^^
2. Police:
See the attached memorandum and conditions of approval dated November 1, 2024 and November 12, 2024.
3. Fresno County Environmental Health:
Recommended Conditions of Approval:
• Should the facility undergo remodel for Type 20 ABC license, 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 approval. Contact the Consumer Food Protection Program at (559) 600-3357 for more information.
• Prior to Type 20 alcohol sales, the applicant shall first obtain their Type 20 license to sell alcoholic beverages. Contact the California Alcoholic Beverage Control Department at (559) 225-6334 for more information.
• The proposed project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to the City of Fresno Municipal Code.
4. School District:
Please see attached memorandum dated April 24, 2024.
5. Council District Committee:
The Council District 1 Project Review Committee recommended approval of this project on May 9, 2024. The motion was carried by a vote of four (4) in favor and none opposed.
PART C – OTHER REQUIREMENTS
1) Planning/Zoning/Environmental Compliance Requirements
a) Development shall take place and be maintained in accordance with final approved Exhibits A, F, E, O -1 and O-2 for Conditional Use Permit Application No. P 24-01344, dated April 9. 2024.
b) Development shall take place in accordance with the policies of the Fresno General Plan, Fresno High- Roeding Community Plan and with the proposed Neighborhood Commercial planned land use designation.
Conditional Use Permit Application No. P24-01344
April 2, 2025
c) Development shall take place in accordance with the CR (Commercial - Regional) zone district and all other applicable sections of the Fresno Municipal Code (FMC).
d) A valid Business License Tax Certificate for the establishment shall be maintained at all times.
e) Operation shall take place in accordance with the attached “Notes and Requirements for Entitlement Applications” as applicable.
f) Operations shall take place in accordance with
Section 15-2706 (Alcohol Sales – The
Responsible Neighborhood Market Act) o f the FMC. Any future development of this site shall also require full compliance with the Code.
2) Responsible Neighborhood Act Requirements
a) Landscaping
(i) New Buildings. Landscaping shall be provided per the underlying District.
(ii) Existing Buildings. Perimeter landscaping and Parking Lot Shading shall be provided per the underlying district. The Review Authority, at their discretion, may make exceptions to the prescribed standards, however, in no case shall the reduction result in a net reduction of 35 percent or greater in the amount of landscaping provided. Landscaping may also be aggregated to minimize the impact on existing parking areas.
b) Lighting. The exterior of the premise, including adjacent public sidewalks and all parking lots under the control of the establishment, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, required illumination shall be placed and/or shielded in a way that minimizes interference with the neighboring residences.
c) Litter and Graffiti
(i) Trash and recycling receptacles shall be provided by public entrances and exits from the building.
(ii) The owner or operator shall provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises.
(iii) The owner or operator shall remove graffiti within 48 hours.
d) Pay Phones and Vending Machines. External pay phones and snack vending machines are prohibited.
Conditional Use Permit Application No. P24-01344
April 2, 2025
e) Video Surveillance
(i) Establishments must equip a fully functional color digital video camera system.
(ii) The system must continuously record, store, and be capable of playing back images and be fully functional at all times, including during any hours the business is closed. The system must be maintained in a secured location inside of the business.
(iii) The system shall have the correct date and time stamped onto the image at all times.
(iv) The camera storage capacity should be for at least two weeks (14 calendar days).
Such cameras must be capable of producing a retrievable and identifiable image than can be made a permanent record and that can be enlarged through projection or other means.
(v) If utilizing a digital video recorder, it must be capable of storing at least 14 days of real-time activities.
(vi) The system shall be capable of producing a CD or digital playback feature and may be provided to an authorized representative of the Fresno Police Department within 24 hours of the initial request relating to a criminal investigation only.
(vii) The interior of the business must have at least one camera placed to focus on each cash register transaction to include the clerk as well as the customer waiting area.
(viii) There shall be four exterior cameras placed so as to record activities in the primary customer parking areas of their business. These cameras should be of sufficient quality to be able to identify persons and or vehicles utilizing the business parking lot.
(ix) All interior cameras shall record in color.
(x) All exterior cameras shall record in color and have automatic low light switching capabilities to black and white. Exterior cameras should be in weatherproof enclosures and located in a manner that will prevent or reduce the possibility of vandalism.
f) Signage
(i) The provisions specified under Article 26, Signs and this subsection shall apply.
Where conflict may occur between the provisions of Article 26 and this subsection, the more restrictive provisions shall govern.
(ii) The following copy is required to be prominently posted in a readily visible manner
Conditional Use Permit Application No. P24-01344
April 2, 2025
on an interior wall or fixture and not on windows:
"California State Law Prohibits the Sale of Alcoholic Beverages to Persons Under 21 Years of Age."
"No Loitering is Allowed On or In Front of These Premises."
"No Open Alcoholic Beverage Containers are Allowed on These Premises."
(iii) No more than 15 percent of the square footage of each window and clear door that is visible to the public from a public thoroughfare, sidewalk, or parking lot of an off- sale alcohol retail outlet shall bear advertising, signs, or other obstructions of any sort.
The area covered by signs or advertising includes all clear areas within signs or advertising, such as the clear area within neon signs.
Signage, advertising, or other obstructions inside or outside the establishment that are not physically attached to the windows or doors, but are visible from a public thoroughfare, sidewalk, or parking lot in the same manner as if they were physically attached is included in the 15 percent limitation.
Any signage required by law shall not count towards the 15 percent limitation, but shall nonetheless follow rules related to visual obstruction.
(iv) Advertising and signage on windows and clear doors shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the outlets, including the area in which the cash registers are maintained, from exterior public sidewalks, parking lots, or entrance to the outlets.
(v) Any establishment located within 250 feet of a sensitive use may not advertise alcohol sales in a manner visible from the outside of the establishment, such as from a public thoroughfare, sidewalk, or parking lot.
g) Loitering and Other Nuisance Activities. The operation of the establishment shall not result in repeated nuisance activities on the property, which may include, but are not limited to, repeated disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, alcoholic beverage and tobacco sales to minors, harassment of passerby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, graffiti, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or other violations of City, State, or federal laws, especially when contributing to a proportionally high rate of police reports and arrests to the area.
h) Training. The owners and all employees of the establishment who are involved in the
Conditional Use Permit Application No. P24-01344
April 2, 2025
sale of alcoholic beverages must complete approved course(s) in training of liquor sales and handling within sixty days after approval of the Conditional Use Permit becomes final, or for employees hired after the approval of the Conditional Use Permit, within sixty days from the date of hire. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying or licensing body designated by the State of California.
i) Compliance with Laws. The establishment must remain in compliance with all local, State, and federal laws, regulations, and orders, as well as all conditions of approval imposed on the use. This includes compliance with annual City business license fees.
j) Posting of Conditions. A copy of all conditions of approval and training requirements shall either be posted in a conspicuous and unobstructed place near the entrance, cashier counter, or customer service area of the establishment or posted in an employee area and provided upon request (e.g. via flyer or brochure) to patrons and enforcement officials.
k) Prohibited Products. The sale or distribution of one or more of the following shall be prohibited.
(i) Wine in containers of less than 750 milliliters.
(ii) Single containers of beer, malt liquor, wine coolers, and similar alcoholic beverages not in original factory packages of four-packs or greater.
(iii) Distilled spirits in containers of less than 375 milliliters.
(iv) Paper or plastic cups in quantities less than their usual and customary packaging.
l) Cancel and Transfer
(i) New establishments shall transfer and cancel ABC licenses in good standing as set forth in Table 15-2706 below, from within a Council District identified as having an overconcentration of ABC licenses for off-sale use, as determined by the Director following review of data prepared by the California Department of Alcoholic Beverage Control. The ABC license will be submitted to the Alcoholic Beverage Control for permanent cancellation. A canceled ABC license cannot be reactivated or reinstated.
(ii) Each ABC license that is canceled also includes surrender of the alcohol-sales portion of all related Conditional Use Permits and waiver of any legal non- conforming use rights related to the sale of alcohol for off-site consumption.
(iii) Exemptions.
a. The Cancel and Transfer requirements shall not apply when an establishment is
Conditional Use Permit Application No. P24-01344
April 2, 2025
required to relocate as the result of a taking by eminent domain and a license transfer to a new establishment site is necessary due to such taking.
b. Existing establishments that seek to expand their floor area or extend their operating hours.
c. Existing establishments that seek to relocate if the proposed relocation meets the requirements of Section 15-2706.F.7.
3) Miscellaneous Requirements
a) 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:
i) 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 adjoining property and may encroach on the subject property;
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 differentials between the subject property and adjoining property zoned or planned for residential use.
b) 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.
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 not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions.
APPEALS
A notice of intent to take action was mailed to nearby property owners on April 25, 2024 , which commenced a 10- day comment period. During the comment period, no public comment was received. The project was conditionally approved on April 2, 2025. This commences a 15-day appeal period. Should an appeal be received, it shall be scheduled to be heard before the Planning Commission.
Please be advised that this project may be subject to a variety of discretionary conditions of approval.
Conditional Use Permit Application No. P24-01344
April 2, 2025
These conditions based on adopted City plans, ordinances and policies; those determined to be required through the interdepartmental/interagency review process; and those determined through the environmental assessment process as necessary to mitigate adverse effects on the health, safety and welfare of the community. The conditions of approval may also include requirements for development and use that would, on the whole, enhance the project and its relationship to the neighborhood and environment.
All conditions of approval based on adopted plans, codes, and regulations 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 deemed mandatory unless appealed in writing to the Director within 15 days or by April 17, 2025. In the event you wish to appeal against 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 property, the decision or action appealed and specific reasons why the applicant believes the decision or action appealed should not be upheld.
If you wish to appeal the decision, a written request must be received at the Planning and Development Department by April 17, 2025. The written request should be addressed to the Planning and Development Director and the project planner identified below and include the application number referenced above. Please submit the request in writing (mail or email to [email protected] and CC the planner listed below) to the Planner by the date noted above. A $1,002.32 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.
COMPLIANCE REVIEW PROCESS
Please Note: To complete the compliance review process for building permits relative to planning and zoning issues, please upload electronic PDF copies of the corrected, final site plan, elevations, landscape, and irrigation plans, operational statement, any fees and title reports for required covenants, and any required studies or analyses into the compliance record for final review and approval into the compliance record at least 15 days before applying for building permits.
The compliance record number for this application is P24-XXXXX. These documents can be uploaded electronically to the Accela Citizen Access portal. Contact Planner once any corrected exhibits are uploaded. It may be necessary to resubmit these “corrected exhibits” a second time if not all the conditions have been complied with or are not shown on the exhibits. Once the “corrected exhibits” are approved by the Planning and Development Department, please place these exhibits in the plan check set.
Copies of the final approved site plan, elevations, landscaping, and irrigation plans stamped by the Planning and Development Department must be submitted for unstamped copies of the same in each of the sets of construction plans submitted for plan check prior t o the issuance
Conditional Use Permit Application No. P24-01344
April 2, 2025
of building permits.
EXPIRATION DATES
Pursuant to Section 15-5013 of the FMC, a Minor Revised Exhibit shall automatically expire if it is not exercised or extended within three years of its issuance. A Minor Revised Exhibit approval is exercised when a City Building Permit or Grading Permit is secured, and physical construction lawfully commenced. After a Grading Permit is issued, the applicant shall maintain an active permit until completion of the project. The exercise of rights granted by this special permit must be commenced by April 2, 2028, (three years from the date of approval); unless extended i n accordance with Section 15- 5013-A-1 of the FMC. All improvements must be installed prior to the operation of the proposed use.
If you have any questions regarding this letter, feel free to give me a call at the number listed above or by email at [email protected]
.
Sincerely,
Valeria Ramirez
Valeria Ramirez, Planner II
Planning and Development Department
Enclosures: Exhibits A, E, F, O-1 and O-2 dated April 9, 2024 & May 10, 2024 Comments from partnering Agencies and Departments
Notes and Requirements for Entitlement Applications
1. Fire:
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.^^
If you have questions and would like more information regarding FFD Development Policies please see the following: https://www.fresno.gov/fire- training/manuals-and-forms/^^
2. Police:
See the attached memorandum and conditions of approval dated October 28, 2024 and November 12, 2024.
3. Fresno County Environmental Health:
Recommended Conditions of Approval:
• Should the facility undergo remodel for Type 20 ABC license, 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 approval. Contact the Consumer Food Protection Program at (559) 600-3357 for more information.
• Prior to Type 20 alcohol sales, the applicant shall first obtain their Type 20 license to sell alcoholic beverages. Contact the California Alcoholic Beverage Control Department at (559) 225-6334 for more information.
• The proposed project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to the City of Fresno Municipal Code.
4. School District:
Please see attached memorandum dated April 24, 2024.
5. Council District Committee:
The Council District 1 Project Review Committee recommended approval of this project on May 9, 2024. The motion was carried by a vote of four (4) in favor and none opposed.
1 DISTRICT 1 PROJECT REVIEW COMMITTEE
PROJECT REVIEW May 9, 2024
_______γ ___
Project Record
Item 5a
PROJECT INFORMATION
A. ABC Conditional Use Permit Application No. P24-01344 was filed by Yeslam Haimed and pertains to the ±0.76-acre lot located at 2717 N Hughes Avenue. The applicant is proposing to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (sale of beer and wine for consumption off the premises where sold.
Minors are allowed on the premises) at an existing business.
Location: 2717 North Hughes Avenue APN: 442-082-29
Zoning: CC (Commercial Community).
COMMITTEE RECOMMENDATION
On a motion by Chair Castech, and seconded by Committee Member Fabian, the Council District 1 Project Review Committee recommended approval of this project on May 9, 2024. The motion was carried by a vote of four (4) in favor and none opposed.
Staff Liaison: Date: ________ 5/16/2024