1908 City of Fowler 128'S.5"Street Fowler, California 93625  FOWLER PLANNING COMMISSION MEETING  AGENDA May 6, 2021 6:30P.M.  This meeting will be conducted pursuant to the previsions of Paragraph 11 of the Governor's. Executive Order N-25-20 which suspends certain requirements oft the Ralphl M. Brown Act, and as a response to mitigating the spread of COVID-19, the meeting will not be open to the public. The telephone number Please note: when joining the meeting you will be asked your name which will be used toi identify you  listed below will provide access to the City Council meeting via teleconference.  during any public comment period. Telephone Number: 978-990-5175  Meeting ID:  494026#  Itis requested that any member of the public attending while on the teleconference to have his/her/their phone set on "mute" to eliminate background noise or other interference from telephonic participation.  1. 2. 3. 4. 5.  Meeting Called to Order Roll Call  Approval of minutes for April 1, 202lmeeting.  Presentation of the Proposed Master Uses & Process by Zone Category Table for the City of Public Hearing to Consider Conditional Use Permit No. 21-01, filed by Mirella Soto and Dinora Lopez del Roque, to modify operations of an alcohol sales and service use, at 115 Consider Adoption of Resolution No. 657, Resolution approving Conditional Use Permit Application No. 21-01, before the Planning Commission of the City of Fowler, County of  Fowler Zoning Code Update  North 6"h Street (APN: 343-142-17)  Fresno, State of California. Communication Adjournment Next Resolution No.: 658  6. 7.  CERTIFICATION: I,Sennaida Zavala, Planning Secretary for the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on, Monday, May 3, 2021.  Sennaida Zavala Planning Secretary  &bu    MINUTES OF THE FOWLER CITY PLANNING COMMISSION MEETING  April 1, 2021  Chairman Mellon called the meeting to order at 6:30 p.m. Roll call was taken.  Commissioners Present: Commissioners Absent: City Staff Present: AGENDA ITEM NO.3  Mellon, Kandarian, Hammer, Prado, Rodriguez  None  City Attorney Carlson, Planning Consultant Marple,  Planning Secretary Zavala  APPROVAL OF MINUTES FOR MARCH 4, 2021 MEETING Kandarian, Hammer, Prado, Rodriguez. Noes: None.  Vice Chair Kandarian made a motion to approve the minutes from the March 4, 2021 meeting, motion seconded by Commissioner Hammer. Motion carried by unanimous vote. Ayes: Mellon,  AGENDA ITEM NO4 Communication  Ms. Marple presented al Planning Commissioners Workshop. The work shop entailed the duties of a Planning Commissioner, key terms that are used within the Planning Department, and the type of City Attorney Carlson presented the Brown Act to the commission to hit the key points of what is  applications the Commission sees. acceptable and not as a Commissioner.  Vice Chair Kandarian made al Motion to adjourn, seconded by Commissioner Prado. Motion carried  by a unanimous voice vote and meeting was adjourned at 8:07 PM    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  California  STAFF REPORT  TO: FROM: DATE: SUBJECT:  Cily ofFowler Planning Commission Dawn E. Marple, Planning Consultant  May 6, 2021  Presentation of the Proposed Master Uses & Process by Zone Category Table for the Cily of  Fowler Zoning Code Update  I. Recommendation  Staff recommends that the Planning Commission receive the report and presentation and provide feedback on the proposed Master Uses & Process by Zone Category Table presentation. At this time no action is required.  II. Background & Purpose  The City of Fowler has initiated a comprehensive zoning code update. The primary role of the Zoning Code is to implement the goals and policies established in the General Plan. The Code establishes the regulations and procedures that guide development and ensure thati it is consistent with the General Plan vision. Upon completion of the Code update, these regulations willl be user-friendly and help the City and applicants to achieve the goals and The City of Fowler adopted its current Zoning Code in March of 2009 and last updated the Code in. June of 2017. Additionally, the Cityl has as separate Subdivision Ordinance adopted in 19851 that contains additional regulations and procedures governing the development of residential subdivisions. While there have been some updates to the Zoning Code sincei it was originally adopted, these updates have been drafted on a case-by-case basis inr response to particular issues, resulting in several instances of similar yet conflicting regulations and internal inconsistencies within the Zoning Code and between the Zoning Code ands Subdivision Ordinance. These inconsistencies have made the Code complicated for the public to navigate and difficult for City staff and decision makers to administer. The Code update will focus on streamlining the development process, adding clarity to established procedures, and After the presentation of the Audit Report to the Planning Commission at the April 1, 2021 hearing, staff was requested to give a presentation on the proposed master use table and anticipated level of review (e.g., Director, Planning Commission). The Process by Zone Category Table (see Attachment A)I lists the proposed allowed uses and how they would be permitted within each: zone category (e.g., Open Space/Agricuture/Public Facilities, Residential, Commercial, Form Based Code, and Industrial). The approval process for uses that align with the intent oft thez zone category are more streamlined while uses that may warrant additional consideration would still require a higher  policies of the General Plan.  ensuring compliance with recent legislative updates as well as the City's Housing Element.  level ofr reviewt to ensure compatibility. III. Stakeholder Interviews  Staffis currently int they process of completing stakeholder interviews. These interviews have provided insight tol how the current code functions as well as highlighted key issues to address as part of this update process. Seven interviews have been conducted to date, with fouri interviews left to be completed. The results of the stakeholder  interviews will be presented ata al later date.    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  California  STAFF REPORT  IV. City Council Feedback  The Audit Report and proposed outlines were presented to the City Council on April 6, 2021. They generally concurred withi findings and recommendations oft the/ Audit Report and provided thei following feedback:  Streamlining the permit process could help the City compete with surrounding jurisdictions for The current code and the inconsistent language contained therein does present challenges with  development in ther region. New development should be encouraged. interpreting andi implementing the code.  V. Next Steps  Feedback from the Planning Commission on the proposed Master Uses & Process by Zone Category Table will be considered in ther next phase of work, which is to complete an administrative draft of the Zoning Ordinance. The  public review drafti is anticipated to be presented in late: summer of 2021.  VI. Attachments  A. Master Uses & Process by2 Zone Category" Table    Proposed Master Uses & Process by Zone Category  Legend  P Planning Commission Approval (Discretionary) =Director, Approval (Discretionary) - Director Approval (Ministerial)  Zone Categories  Allowed Use Agricultural Operations, Non- Commercial Agricultural Operations, Commercial Agriculture, Urban Community Gardens Commercial Entertainment"* Drive-in Theater Event Halls, Clubs and Lodges Exhibit Halls and Convention Centers* Nightclub Sports Arena, Indoor Sports Arena, Outdoor Studio, Health and Fitness less than five thousand (5,000): square Studio, Health and Fitness more than five thousand (5,000) square Theaters and Auditoriums with less than 500 seats Theaters and Auditoriums with more than 500: seats Car Wash, Self-Service and/or Automated Gas Station with or Without Convenience Store Truck Stop Vehicle Body Repair, Paint, or Restoration Vehicle Repair, Major Vehicle Repair, Minor* Vehicle Rental Vehicle Sales Adult Uses  OS/Ag/PF Residential Commercial FBC2 Industrial  AGRICULTURAL  O O  COMMERCIAL Entertainment  feet feet  Motor Vehicle  O  O -  O  Retail Trade  Proposed Master Uses & Process by Zone Category  Page 11    Proposed Master Uses & Process byz Zone Category  Zone Categories  Allowed Use Bars and Cocktail Lounges Breweries and Wineries Commercial Cannabis Operations Cannabis Dispensaries Convenience Store* Drive-Through Liquor Store Market not exceeding ten thousand (10,000) square feet Marketg greater than ten thousand (10,000) square feet Nursery/Garden Center Parking Lot, Stand Alone Parking Structure, Stand Alone Pharmacies and Drug Stores Restaurant Restaurants, Serving Liquor Restaurants, Serving Beer and Wine Only Retail Sales, General Retail Sales, Second Hand Stores Retail Sales, Specialized Smoke Shops and Hookah Lounges Studio, Fine Arts Swap Meet, Permanent Bed and Breakfast Cemetery Clinics and Treatment Centers Congregate Care Facility, Large Congregate Care Facility, Small Day Care Centers Financial Services Funeral Home or Mortuary Group Residential Facilities (Licensed), Large Group Residential Facilities (Unlicensed), Large Group Residential Facilities (Licensed), Small Group Residential Facilities (Unlicensed), Small Hospital* Hotel  OS/Ag/PFI Residential Commercial FBC2 Industrial  0 0 U  Service  City of Fowler Code Update  Page 12    Proposed Master Uses & Process by Zone Category  Zone Categories  Allowed Use Laundry and Tailoring Services  OS/Ag/PF! Residential Commercial FBC2 Industrial  0 - 0  Laundromats Mail Services Motel Office, Medical Office, Professional Personal Services  Residential Care Facilities, Elderly Residential Care Facilities, Large Residential Care Facilities, Small  Tattoo Parlor Transit Station Urgent Care (241 Hours) Veterinary Clinics and. Animal Hospitals Farm Machinery Sales and Service Junk Yards Kennel Manufacturing, Animal Processing Manufacturing, Food Manufacturing, Handcraft Manufacturing, Heavy* Manufacturing, Light* Office, Business Park* Recycling Collection Facilities Recycling Facilities, Reverse Vending Machine Recycling Processing Facilities Reduction Facility Research and Development* Salvage and' Wrecking Self-Storage* Storage Yard* Storage, Chemical and Mineral Storage, Fleet Vehicle* Storage, RV and Motor Vehicle* Trucking Terminal* Warenousing, Wholesale and Distribution Establishments* Conservation lands, natural and scenic resource protection Recreation Facilities, Active City of Fowler Code Update  INDUSTRIAL  0  a 0  PARK8 & OPENSPACE  Page 13    Proposed Master Uses & Process by Zone Category  Zone Categories  Allowed Use Recreation Facilities, Passive Country Clubs and Golf Courses Government Facility Library Museum Religious Facility Schools, Trade or Vocational Schools, Private (Pre-K-12) Schools, Private College Schools, Public Accessory Dwelling Unit Home Day Care, Large Family Home Day Care, Small Family Dwelling, Condominium Dwelling, Duplex Dwelling, Fourplex Dwelling, Mixed-Use Residential Component Dwelling, Multi-Family, Less Than 21.78 UNITS PER GROSSA ACRE Dwelling, Multi-Family, Greater Than 21.78 UNITS PER GROSS Dwelling, Single-Family Dwelling, Triplex* Emergency Shelter Farmworker Housing Guest Living Quarter Mobile Home Park Single Room Occupancy Supportive Housing Transitional Housing Solar Facilities Telecommunication Facilities Public Utility, Use, and Facilities* 2FBC= Form Based Code  OS/Ag/PFI Residential Commercial FBC2 Industrial  PUBLIC & QUASI-PUBLIC  (  RESIDENTIAL  ACRE  UTILITIES  0 1  C  *= lower approval authority in other zones within zone category 0S/Ag/PF= Open Space/ /Agriculture, /Public Facilities  City of Fowler Code Update  Page 14    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  California  STAFF REPORT  TO: FROM: DATE:  CilyofFowler Planning Commission Dawn E. Marple, Cily Planner May 6, 2021  SUBJECT: Public Hearingi to Consider Conditional Usel Permit No. 21-01, filed! byl Mirella! Soto and Dinora  Lopez del Roque, to modify operations of an alcohol: sales and service use, at 1151 North 6th  Street( (APN:3 343-142-17)  I.R Recommendation  Staff recommends that the Commission approve Conditional Use Permit (CUP) Application! No.21- 01, including the attached resolutions and conditions of approval. The decision of the Planning Commission is final unless appealed to the City Council. The Commission is empowered to grant ord deny applications for CUPS and to impose reasonable conditions upon granting approval.  II. Background & Project Description  The subject parcel is zoned FBC (Form-Based Code) and is planned for Community Commercial land uses by the City of Fowler General Plan. The site, approximately 12,000 square feet and is located on the east side of North 6th Street between East Main and Tuolumne Streets (APN343- 142-17). Alcohol uses are subject to a Conditional Use Permit in accordance with Section 9-5.1707 The current alcohol use does not have a Conditional Use Permit, as the use was established prior tot thel Fowler Zoning Ordinancer requiring such! permits. However, FMC Section 9-5.25.85: states that alcohol uses shall obtain a Conditional Use Permit when "llhere is a substantial change in the mode or character of the operation of the business." The proposed changes, described below, are considered a substantial change in the mode or character of the operation of the business. Figure 1 depicts the aerial photo of the site; Figure 2is the zoning map and Figure 3is the general plan map. The site is located in Fowler's FBC (Form-Based Code) Zone District, andi isi immediately The applicant sought to remove thet following conditions from their State of California Department 1. Sales, service and consumption of alcoholic beverages shall be permitted only between 2. There shall be no bar or lounge area upon the licensed premises maintained for the purpose of sales, service or consumption of alcoholic beverages directly to patrons for 3. At all times when the premises are open for business the sale of alcoholic beverages shall 5. There shall be nol live entertainment or dancing permitted on the premises at any time.  of the Fowler Zoning Ordinance.  surrounded by FBC districts. of Alcohol Beverage Control license:  the hours of 8:00 a.m. and 11:00 p.m. each day of the week.  consumption.  bei incidental to the sale of food.    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT 6. The quarterly gross sales of alcoholic beverages shall not exceed the quarterly gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis  Callfornia  STAFF REPORT  and shalll be made available to the Department on demand. Removal oft the above conditions could result in the following effects:  1. Condition #1:Sales, service, and consumption of alcohol could occur before 8:00am and after 11pm. The maximum timeframe that alcohol can be sold, in accordance with ABC regulations, is 6:00 a.m. and 2:00 a.m. Removal of this condition would then fall back to ABC regulations in effect, if any. Should ABC remove or suspend their regulations, the use 2. Condition #2: Allowing a bar or lounge area to be maintained would allow for the sale, service, or consumption of alcohol without the necessary requirement of food tob be sold. 3. Condition #3: The establishment would be allowed to sell alcohol during times when food 4. Condition #5: The establishment could allow forl live entertainment and dancing. 5. Condition #6: The establishment would not be restricted from ensuring food revenue exceed alcohol revenue and would not have to maintain and allow the inspection of None of the conditions requested to be removed would place the establishment into an The Police Chief reviewed the proposal and requested that the following conditions be imposed 1. Security camera(s) shall be placed inside the restaurant area, and shall have views of the bar, dance area, registers, and all entrances and exits. Surveillance video shall be recorded on a minimum 7-day loop. Access to: such video shall be provided to Fowler PD within twenty-four (24) hours of request to aidi in any criminal investigation.  could operate at any time desired by the establishment.  isnot available.  revenue records.  unpermitted use.  upon the Conditional Use Permit:  2. Security shall be provided during all promotional events.  The property does not appear to be in conformance with the last approved site plan, Site Plan No. 00-04, which was in 2000, when two buildings were merged together to make the restaurant building today. The merging of the two buildings required on-site parking and a trash enclosure, both of which do not appear to have been constructed. No lapse of time, nor does the transfer of property, cure a zoning violation. Staff recommends placing a condition on the Conditional Staff recommends the following conditions be placed on the Conditional Use Permit:  Use Permit that the site plan be complied with.  1. Comply with the property development standards of the FBC (Form-Based Code) zone 2. Comply with Site Plan Review No. 00-04, as may be amended through Article 25 of the  district.  Fowler Zoning Ordinance.    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT 3. Live entertainment shall not be conducted outside without the prior, written approval of a Temporary Use Permit by the City Planner or their designee. Requests for Temporary Use 4. Outdoor alcohol sales, service, and consumption shall be accompanied by food. 5. This Conditional Use Permit shall be reviewedi in one (1) year by the Planning Commission. The zoning ordinance requires the Commission make the following findings for approval of a CUP: 1. The site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping and other features Conditional Use Permit Application No. 21-01 proposes operational modifications only. The Conditions of Approval requires thei implementation of the last approved site plan from 2000, and thus the site shall be adequate in: size and shape to accommodate the change in alcohol sales and consumption operation, and all yards, spaces, walls and fences, parking, loading, 2. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. The property's North 6th Street frontage is adequate in width to handle the proposed operational The proposed use will have no adverse effect upon abuling property or the use thereof. Operation of Conditional Use Permit Application No. 21-01, subject to compliance with the proposed conditions, will ensure that the proposed use has no adverse effects upon abutting The conditions established by the Planning Commission and stated in the Resolution for the Conditional Use Permit are deemed necessary to protect the public health, safety and The conditions of approval will serve to accommodate the proposed uses while protecting the health, safety, and welfare of the public. Conditions of approval are based upon standards containedwithin: thel Fowler General Plan andi the Fowler Zoning Ordinance. Further, the proposed conditions of approval wills servei toi implement the goals and objectives of the General Plan, which itself is intended to provide for logical and orderly development of the City in a manner that is The City, as the Lead Agency under the California Environmental Quality Act (CEQA) determined that the proposed project is categorically exempt from CEQA through a Class 1 Existing Facility  California  STAFF REPORT  Permits shall be: submitted one (1) week prior to such events.  III. Findings  required by the Zoning Ordinance.  landscaping and other features required by the Zoning Ordinance.  changes. 3.  properties or the uses thereof.  4.  general welfare.  beneficial toi its residents. IV. Environmental Review  exemption. V. Attachments A. Resolution 657    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  California  STAFF REPORT  Figure 1-Aerial Photo  EAdansAve  N 150 300 Feet PROVOST& PRITCHARD COMBULTING anour Arémpkyest OmarCompury NAF2018  Project Site (APE)  4302021:64FoMier Ciy 0f-26192619 On-CalF Planning Ben4sa:25192002V21 On-Cal Planning SanvcsGiSMAaCUP210ierwimad    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  California  STAFF REPORT  Figure 2-Zoning Map  EAdaBAve  Project Site (APE) Zoning R-1-10 R-1-7 R-1-6 RM-2-A RM-2  RM-3 C-2 C-3 FBC M-1 RCO  NN 0 150 300 Feet PROVOST& PRITCHARD COMBULTINE cnour Aimpyed Oafo Conpvy NAIP2018  4/30/2021: GFowiar Ciy 0f-26192619 On-CalF Planning Samida:25192008F21 On-Cal Planning SeMcesGiSWiçacuP 21-01Zoning moed    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  California  STAFF REPORT  Figure 3-G General Plan Land Uses  BAdamsAvg  Project Sita (APE! General Plan Land Use Comeurity Commarcial Gunerald Commarcial Hg Dataily Readental Lighei induatrial Medum Denaity' Reaidantal Parkaiopen Spars Public Facihlas  0 150 300 Feet EOT. 1000 PROVOST& PRITCHARD CONBUL nna anoun Aremplyes Omad Campry NAP2018  430/2021: GFowler Chy 0f-261926190 On-Cal Plannings Santa:ZSiy2DOBEZITG On-Cal Plannings SeMyGISMAACUP 21-01GPLU.mxd    A371V.  00  HIXIS  -    RESOLUTION NO.657 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE PLANNING COMMISSION COUNTY OF FRESNO, STATE OF CALIFORNIA  RESOLUTION APPROVING  CONDITIONAL USE PERMIT APPLICATION NO.21-01  WHEREAS, an application for Conditional Use Permit 21-01 has been received to allow the establishment of the proposed project ("Project") in an FBC (Form-Based Code) zone district, on an approximately 0.275-acre parcel (APN: 343-142-17) at 115 North 6th Street, located on the east side of north  6th Street between East Merced and' Tuolumne Streets; and  WHEREAS, the subject application was deemed complete by the Fowler Planning Department and WHEREAS, the Project requires approval of a Conditional Use Permit in accordance with Article WHEREAS, the City has determined that the Project is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, Existing Facilities, WHEREAS, a public hearing notice was duly published informing the public that the Categorical Exemption and Project would be considered for approval at a Planning Commission meeting held on May 6, WHEREAS, the Planning Commission reviewed the proposed Conditional Use Permit together WHEREAS, the Planning Commission reviewed and considered the staff report, categorical exemption, and all evidence presented at the Planning Commission duly noticed public hearing on May 6, 2021, including oral and written public testimony on the Project and the Categorical Exemption. NOW THEREFORE, BEI IT RESOLVED that thel Planning Commission of the City of] Fowler, based upon the entire record of proceedings, makes the following findings with regard to the Conditional Use 1. Conditional Use Permit No. 21-01 for the Project is approved, subject to the conditions 2. The Project is categorically exempt under the California Environmental Quality Act (CEQA)in accordance with CEQA Guidelines Section 15301, Existing Facilities, and that no additional 3. The site for the proposed use is adequate in size and shape to accommodate the use and all  has been reviewed for compliance with the Fowler Zoning Ordinance; and  25 of thel Fowler Zoning Ordinance; and  and that no additional environmental analysis is required; and  2021 at 6:30 p.m.; and  with the Categorical Exemption at a Regular Meeting on May 6, 2021; ;and  Permit 21-01 for thel Project:  contained in Attachment "A."  environmental. analysis is required.    yards, spaces, walls and fences, parking, loading, landscaping and other features required by the The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. No significant Thej proposed use willl have no adverse effect upon abutting property or the use thereof. The conditions established by the Planning Commission and attached to this Resolution for Conditional Use Permit 21-01 are deemed necessary to protect the public health, safety and  Zoning Ordinance.  effects on thes surrounding street system are anticipated.  general welfare.  Chairman of thel Planning Commission  Attest:  Secretary of the Planning Commission  I,Sennaida Zavala, Secretary of the Planning Commission, dol hereby certify that the foregoing resolution was adopted at a meeting of the Planning Commission of the City of Fowler, on the motion of Commissioner  and second by Commissioner  on the 6th day of May,  2021 by the following vote:  AYES: NAYS: ABSENT:  Commissioners: Commissioners: Commissioners:  ABSTAIN: Commissioners:  2    AttachmentA- Conditions of Approval  1. Security camera(s) shall be placed inside the restaurant area, and shall have views oft the bar, dance area, registers, and all entrances and exits. Surveillance video shall be recorded on a minimum 7-day loop. Access to such video shall be provided to Fowler PD within twenty-four (24) hours of request to aid in 3. Comply with thej property development: standards of the FBC (Form-Based Code) zone district. +. Comply with Site Plan Review No. 00-04, as may be amended through Article 25 of the Fowler Zoning 5. Live entertainment shall not be conducted outside without the prior, written approval ofa Temporary Usel Permit by the City Planner or their designee. Requests for" Temporary Use Permits shall bes submitted 5. Outdoor alcohol sales, service, and consumption shall be accompanied by food. 7. This Conditional Use Permit shall be reviewed in one (1): year by thel Planning Commission.  any criminal investigation.  2. Security shall be provided during all promotional events.  Ordinance.  one (1) week prior to such events.  3