REPORT TO THE PLANNING COMMISSION April 5, 2023 FROM: PHILLIP SIEGRIST, Planning Manager Planning & Development Department SUBJECT ..Title Consideration of Conditional Use Permit Application No. P21-06275 and related Environmental Assessment No. P21-06275 pertaining to an existing �25,696 square-foot office/warehouse shell building on a �1.51 acres of property located on the north side of East Dorothy Avenue, between South Cherry and South East Avenues (Council District 3) - Planning & Development Department. 1. CONSIDER the Mitigated Negative Declaration as prepared for Environmental Assessment No. P21-06275, dated November 14, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2. DENY the appeal and UPHOLD the action of the Planning and Development Department Director to approve Conditional Use Permit Application No. P21-06275, authorizing the establishment of a Chemical Storage use within an existing office/warehouse shell building subject to compliance with the Conditions of Approval dated February 17, 2023. ..Body EXECUTIVE SUMMARY Eric Vincent of Vincent Designs, on behalf of Meras Water Solutions has filed Conditional Use Permit Application No. P21-06275 pertaining to an existing �25,696 square-foot office/warehouse shell building on a �1.51-acre portion of a �4.40-acre parcel located on the north side of East Dorothy Avenue, between South Cherry and South East Avenues. Conditional Use Permit Application No. P21-06275 proposes to establish a Chemical Storage use at the subject site for Meras Water Solutions, a water treatment and remediation company that develops service programs for industrial water treatment, agricultural water treatment, food safety water treatment, and Legionella risk management programs. The subject property is zoned IH (Heavy Industrial). The project was approved by the Planning and Development Director on February 17, 2023 and is being considered by the Planning Commission based on an appeal received from a member of the public (Exhibit K - Appeal Letter). Staff recommends upholding the Planning and Development Director's approval based on evidence detailed in this staff report and that specific findings made by the Director in approving the Conditional Use Permit in Section 15-5306 of the FMC remain valid. BACKGROUND Conditional Use Permit Application No. P21-06275 was filed by Eric Vincent of Vincent Designs, on behalf of Meras Water Solutions and pertains to an existing �25,696 square-foot office/warehouse shell building on a �1.51-acre portion of a �4.40-acre parcel located on the north side of East Dorothy Avenue, between South Cherry and South East Avenues. Surrounding Property Information The project site is located in the South Industrial Triangle and substantially surrounded by properties planned and zoned for Heavy Industrial uses to the north, south, east, and west. Surrounding uses within a 1,500-foot radius are predominately commercial and industrial related businesses. There are no nearby residences within the vicinity of the subject site. Additional surrounding property information such as the existing and planned land use designations, as well as the existing zoning districts surrounding the subject property can be found in Exhibits B, C, & D. Previous Entitlement Conditional Use Permit Application No. P21-06275 is a subsequent entitlement to previously approved Development Permit No. P18-03647 (approved December 11, 2019) which authorized the development of seven (7) office/warehouse shell buildings (Buildings A, B, C, D, E, F, & G) and establishment of certain permitted "by-right" uses on �11.28 acres (total) of property located on the north and south sides of East Dorothy Avenue, between South Cherry and South East Avenues (three (3) lots comprised of APNs: 328-200-30, 84S, & 85S). The seven (7) office/warehouse buildings range from 26,00 to 41,000 square feet with approximately 1,500 square feet of office space per building. In addition, each building has two (2) loading docks. The Project site is already developed. Current Proposed Project Under the current Project (P21-06275), the Project Applicant proposes to lease 25,695 square-foot Building C located at 2839 East Dorothy Avenue. The Project Applicant (Meras Water Solutions) is a water treatment and remediation company that develops service programs for industrial water treatment, agricultural water treatment, food safety water treatment, and Legionella risk management programs. The facility will solely be used for the storage and shipping of environmentally hazardous chemicals to customers. Chemicals will be stored on-site no longer than 30 days from the date they're received. No hazardous waste will be produced at the site and hazardous chemicals will neither be mixed or manufactured at the facility. All empty hazardous chemical containers will be sent back to the respective vendor for cleaning and reuse. A complete list of chemicals stored on-site is provided in Appendix A of the Environmental Assessment. In accordance with the California Building Code, the building interior will be outfitted with a fire suppression/sprinkler system, which will minimize the formation of toxic fumes resulting from unmanaged fire. The proposed use is anticipated to generate very minimal customer foot traffic, as most customer interactions require inspections that occur out in the field (off-site). Approximately four (4) to ten (10) employees are anticipated to be on-site, with the majority of office staff operating remotely from another location. During the peak season (April to September) deliveries via box truck are to occur daily while larger freight shipments are to be received one (1) to five (5) times per week. A propane powered forklift will be utilized for both loading and unloading shipments and is the only heavy machine to be operated on-site as necessary. It is important to note that with the implementation of the proposed use/business, no new truck trips will be generated in excess of what was previously analyzed and approved under the previous entitlement and environmental assessment. As previously mentioned, the site is already developed. Aside from interior tenant improvements, the project does not propose new construction or modifications to the existing site. ANALYSIS Fresno Municipal Code The subject site is planned and zoned for Heavy Industrial uses. Pursuant to Fresno Municipal Code Table 15-1302 (Land Use Regulations - Employment Districts), uses involving the storage of chemicals are permitted in the IH (Heavy Industrial) zone district with an approved Conditional Use Permit and subject to additional regulations pursuant to FMC Section 15-2732 (Hazardous Waste Management Facilities) as applicable. Therefore, the Project application was filed for the purpose of establishing a conditionally permitted use within Building C (2839 East Dorothy Avenue). The use is not classified as a Hazardous Waste Management Facility. Therefore, the provisions under FMC Section 15-2732 do not apply. However, a Spill Prevention and Emergency Response Plan, which identifies policies and procedures, was included as part of the Environmental Assessment, and shall be complied with. Other Departments and Agencies The proposed project was routed to several partner departments and agencies for review and comments including but not limited to the Fresno Fire Department, Fresno Police Department, Fresno Department of Public Utilities, Fresno County Department of Public Health, Environmental Health Division, and San Joaquin Valley Air Pollution Control District. All comments received from the applicable departments and agencies have been incorporated into the conditions of approval for Conditional Use Permit Application No. P21-06275. Given the conditions of approval dated February 17, 2023 (Exhibit I), Conditional Use Permit Application No. P21-06275 will meet all provisions of the FMC, all partner agency and department comments and conditions, all development and operational standards for Chemical Storage uses in the IH (Heavy Industrial) zone district. LAND USE PLANS AND POLICIES Fresno General Plan The Fresno General Plan designates for subject property for Employment - Heavy Industrial planned land uses. According to the Fresno General Plan, the Employment - Heavy Industrial planned land use designation is intended to accommodate the broadest range of industrial uses including 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 Fresno General Plan provides goals, objectives, and policies to guide development. As proposed, the project will be consistent with the following Fresno General Plan goals: * Increase opportunity, economic development, business, and job creation. * Support agriculture and food production as an integral industry. * Make full use of existing infrastructure, and investment in improvements to increase competitiveness and promote economic growth. * Promote orderly land use development in pace with public facilities and services needed to serve development. These goals contribute to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. The following are applicable objectives and policies from the Urban Form, Land Use & Design, and Economic Development elements of the Fresno General Plan: * Objective LU-1: Establish a comprehensive citywide land use planning strategy to meet economic development objectives, achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. * Objective LU-7: Plan and support industrial development to promote job growth. o Policy LU-7-c: Efficiency of Industrial Uses. Promote industrial land use clusters to maximize the operational efficiency of similar activities. * Provide access to a range of transportation modes through plans and incentives, ensuring that local, regional, and national connections are available to industrial uses. * Develop a strategy to promote rail-accessible sites for industries that need such capability; and * Ensure timely access to the full range of urban services for industrial development by coordinating proposed plans with the annual and long-range City infrastructure planning. * Objective ED-1: Support economic development by maintaining a strong working relationship with the business community and improving the business climate for current and future businesses. o ED-1-e: Ready to Go Sites. Establish a list of "ready to go" or "shovel ready" sites in consultation with property owners and provide the list to interested developers and businesses seeking sites in the city. The proposed project will enhance economic development by allowing a user, which provides necessary services to the food and agriculture industry, to establish operations at an existing "ready to go" site that is located in an industrial land use cluster already served by existing City infrastructure and utilities. North Avenue Industrial Triangle Specific Plan Upon reviewing the policies contained in the North Industrial Triangle Specific Plan, staff has determined that there are no policies that are applicable or are more restrictive than those contained in the FMC or the Fresno General Plan. However, pursuant to FMC Section 15-104-B-4, in the event of a conflict between the North Industrial Triangle Specific Plan and the Development Code, the Development Code shall prevail. Public Notice and Input Council District 3 Project Review Committee On June 14, 2022, the Council District 3 Project Review Committee voted to recommend denial of the project, 5 votes to 0. Notice of Intent to Take Action On September 26, 2022, the Planning and Development Department mailed a Notice of Intent to Take Action (Exhibit H) to surrounding property owners within 1,000 feet of the subject site, in accordance with FMC Sections 15-5007 and 15-5305. No responses were received. Notice of Intent to Adopt a Mitigated Negative Declaration On November 14, 2022, a public notice of the Mitigated Negative Declaration for Environmental Assessment Application No. P21-06275 (Exhibit M) was published. To date, one (1) response letter (Exhibit N) has been received which included several comments and concerns regarding the EA. Staff reviewed and analyzed concerns as follows: * Concern 1 - The Environmental Assessment (EA) for the Project tiers from an adopted EA which is tiered from the Fresno General Plan Master environmental Impact Report (MEIR). However, the MEIR was replaced and superseded by the Fresno General Plan Program Environmental Impact Report (PEIR). Therefore, the MEIR should not be relied upon. Response: The Project is a subsequent project entitlement to a previously approved Development Permit No. P18-03647, which authorized the physical development of seven office/warehouse shell buildings and the establishment of certain uses permitted "by right" in the heavy industrial zone district. Environmental assessment P18-03647, which was prepared and adopted for Development Permit No. P18-03647, was tiered from the Master Environmental Impact Report (MEIR) 2012111015 prepared for the Fresno General Plan and certified in December of 2014. The City acknowledges that the MEIR, which Environmental Assessment No P18-03647 was tiered from, was superseded by the General Plan PEIR which was certified on September 30, 2021. However, the CEQA Guidelines do not expressly prohibit relying upon a Mitigated Negative Declaration that has tiered from a prior Environmental document which has since been superseded when considering a subsequent Mitigated Negative Declaration that relies on the prior MND. Furthermore, tiering from the prior MND is necessary to ensure mitigation measures included as part of Environmental Assessment No. P18-03647, which were agreed upon by the project applicant and Leadership Counsel for Justice and Accountability, remain valid and incorporated into this project (P21-06275) where applicable. * Concern 2 - The environmental setting within the EA is inadequate in that it fails to acknowledge impacts on sensitive receptors. Response: As discussed throughout the IS/MND, but specifically in Section III - Air Quality, the proposed Project will not generate emissions in excess of what was previously analyzed and approved. There is no new construction associated with Project implementation and no new truck trips will be generated in excess of what was previously analyzed and approved. As such, no additional impacts to nearby sensitive receptors are anticipated. * Concern 3 - Environmental impacts resulting from storing chemicals. Response: The City of Fresno's Fire Department reviewed Project plans to ensure consistency with City policies regarding water supply, fire hydrants, and fire apparatus building access. In accordance with the California Building Code, Project plans were also reviewed by the Fire Department and the Building and Safety Section of the Planning and Development Department for Project compliance with fire and life safety requirements for the building interior and its intended uses. In addition, in accordance with the California Building Code, the building interior will be outfitted with a fire suppression/sprinkler system, which will minimize the formation of toxic fumes resulting from unmanaged fire. * Concern 4 - Mitigation Monitoring and Reporting Program Adoption. Response: The City adopted a Mitigation Monitoring and Reporting at the time the IS/MND was adopted. Additional mitigation measures the City must consider: o The IS/MND states that some employees will be employed on-site. To mitigate impacts to the local area and improve employment availability, we recommend the City require the project applicant to undergo local hiring and training as needed to promote local hiring and benefit the area burdened by environmental impacts. o The IS/MND states that the project applicant will work closely with the fire marshal and county hazmat regulators but fails to include specific actions. The specific actions that will reduce the project's potential impacts associated with fire or hazardous materials exposures should be stated and disclosed to the public. o The IS/MND states that the project will use a single propane powered forklift. We recommend the City require the project applicant to use an electric forklift to reduce air impacts and GHG emissions given the extremely impacted quality of air in the area. The City considered all feasible mitigation options and stand by the mitigation outlined in the IS/MND. * Concern 5 - Inadequate Air Quality Analysis. Response: See response to Concern 2. As discussed throughout the IS/MND, but specifically in Section III - Air Quality, the proposed Project will not generate emissions in excess of what was previously analyzed and approved. There is no new construction associated with Project implementation and no new truck trips will be generated in excess of what was previously analyzed and approved. As such, no additional impacts to nearby sensitive receptors are anticipated. * Concern 6 - Must include Cumulative Impact Analysis. Response: Cumulatively considerable impacts are discussed in Section XIX - Mandatory Findings of Significance. As discussed throughout the document, air emissions and vehicle/truck trips generated by Project implementation have been previously assessed in the EA for Development Permit No. P18-03647. As no new air emissions or vehicle/truck trips will be generated as a part of the Project, there would be no contribution to potential cumulative impacts. * Concern 7 - Inadequate public review period. Response: The IS/MND became available to the public on November 14, 2022. The additional requested EA P18-03647 was provided on November 29th and the public review period was extended to December 19, 2022; 21 days after all materials were obtained. Furthermore, the project was approved on February 17, 2023; 95 days after the IS/MND became available. The City believes that the public had access to the IS/MND and relevant documents the proper amount of time. * Concern 8 - The city must be able to make the required CUP Findings. Response: The subject site is already developed. Aside from interior tenant improvements, the Project proposes no new physical development or modifications to the site. The subject site is substantially surrounded by properties planned and zoned for Heavy Industrial uses to the north, south, east, and west. Surrounding uses within a 1,500-foot radius are predominately commercial and industrial. The nearest residential properties are approximately 2,060 feet northwest and 2,385 feet west of the subject site. Furthermore, the nearest residential uses are separated from the site by a major street (East Jensen Avenue) and a freeway (State Route 41). Therefore, there are no nearby residences within the vicinity of the subject property. Given the conditions of approval, which includes compliance with applicable mitigation measures, the City finds that the Project is consistent with the General Plan, will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements, and that required findings for Conditional Use Permits in accordance with Fresno Municipal Code Section 15-5306 can be made and are included as Exhibit O (Fresno Municipal Code Findings). * Concern 9 - Continued industrial development in the area is likely civil rights violation. Response: The proposed Project will occur on a site that is appropriately designated and zoned, within an area designated by the City of Fresno as industrial. Furthermore, the site is already developed and aside from interior tenant improvements, the Project does not propose new construction or modifications to the existing site. As such, the City believes that the proposed Project is suitably located. A more detailed analysis and response to comments is included as part of Exhibit N. Notice of Action On February 17, 2023, the project was approved by the Planning and Development Director and a Notice of Action (Exhibit J) was provided to individuals who previously requested to be notified of project approvals within the South Industrial Triangle. On February 27, 2023, one appeal letter was received (Exhibit K - Appeal Letter). The appeal letter stated that approval of the project disregards the following: * The placement of the proposed project falls within the AB617 boundary which classifies the surrounding areas as high priority in reducing emissions from industrial sources within the State of California. * CalEnviroScreen 4.0 confirms that the location of the proposed project is in the top 1% of the most pollution burdened communities. * The decision to approve this application will perpetuate the City's and County's historical cycle of concentrating heavy industrial uses near communities of color. * The project area is prone to fires and places the safety and health of residents at risk by releasing harmful vapors if a fire occurs. * The South-Central Specific Plan (SCSCP) is currently incomplete and is undergoing review of Environmental Impact Reports (EIRs) for each of the three proposed versions of the SCSP. Upon completion and final review of EIRs, current zoning may change, rendering the proposed project an incompatible use; and * This proposed project will generate significant environmental and health impacts for the residents of the City and County of Fresno due to the increase of heavy industrial uses and heavy-duty truck traffic. Staff reviewed the concerns and provides the following responses: * The placement of the proposed project falls within the AB617 boundary which classifies the surrounding areas as high priority in reducing emissions from industrial sources within the State of California. Response: Under AB 617, the air district was required to prepare a Community Emissions Reduction Program (CERP) in an effort to reduce air pollution exposure in impacted disadvantaged communities. This program identifies several policies, current control programs, and regulations of the air district that could apply to industrial projects. The proposed Project will occur on a site that is appropriately designated and zoned, within an area designated by the City of Fresno as industrial. Furthermore, site is already developed and aside from interior tenant improvements, the Project does not propose new construction or modifications to the existing site. Both the project application and related EA were provided the San Joaquin Valley Air Pollution Control District. The Air District provided no comments or conditions. As demonstrated in the Environmental Assessment, no significant impacts were identified. Therefore, no project specific mitigation measures to reduce an air quality impact was required, beyond any applicable requirement of state law, the FMC, or Air District regulation that is generally required of any project. * CalEnviroScreen 4.0 confirms that the location of the proposed project is in the top 1% of the most pollution burdened communities. Response: CalEnviroScreen is a socioeconomic score and does not provide evidence that the project would trigger any CEQA impacts. * The decision to approve this application will perpetuate the City's and County's historical cycle of concentrating heavy industrial uses near communities of color. Response: The subject site is already developed and, aside from interior tenant improvement, the Project proposes no new physical development or modifications to the site. The subject site is surrounded by properties planned and zoned for Heavy Industrial uses to the north, south, east, and west. Surrounding uses within a 1,500-foot radius are predominately commercial and industrial. The nearest residential properties are approximately 2,060 feet northwest and 2,385 feet west of the subject site. Furthermore, the nearest residential uses are separated from the site by a major street (East Jensen Avenue) and a freeway (State Route 41). * The project area is prone to fires and places the safety and health of residents at risk by releasing harmful vapors if a fire occurs. Response: The City of Fresno Fire Department reviewed the proposed Project to ensure consistency with City policies regarding water supply, fire hydrants, and fire apparatus building access. In accordance with the California Building Code, Project plans were also reviewed by the Fire Department and the Building and Safety Section of Planning and Development Department for Project compliance with fire and life safety requirements for the building interior and its intended uses. In addition, in accordance with the California Building Code, the building interior will be outfitted with a fire suppression/sprinkler system, which will minimize the formation of toxic fumes resulting from unmanaged fire. * The South-Central Specific Plan (SCSCP) is currently incomplete and is undergoing review of Environmental Impact Reports (EIRs) for each of the three proposed versions of the SCSP. Upon completion and final review of EIRs, current zoning may change, rendering the proposed project an incompatible use. Response: The approval of any entitlement is not subject to any code or operative plan that has not been formally adopted. The SCSP is in draft form and has not been adopted. Further, it is speculative to assume the subject property would be rezoned under the plan. Per FMC Section 15-104-D the application is subject to the requirements that are in effect as of the date the application was accepted as complete. Further, per FMC Section 15-104-B-4, in the event of a conflict between the FMC and any operative plan, the FMC takes precedent over the General Plan or a Specific Plan. * This proposed project will generate significant environmental and health impacts for the residents of the City and County of Fresno due to the increase of heavy industrial uses and heavy-duty truck traffic. Response: The proposed Project will occur on a site that is appropriately designated and zoned, within an area designated by the City of Fresno as industrial. Furthermore, the site is already developed and aside from interior tenant improvements, the Project does not propose new construction or modifications to the existing site. During the peak season (April to September) deliveries via box truck are to occur daily while larger freight shipments are to be received one (1) to five (5) times per week. A propane powered forklift will be utilized for both loading and unloading shipments and is the only heavy machine to be operated on-site as necessary. With the implementation of the proposed use/business, no new truck trips will be generated in excess of what was previously analyzed and approved under the previous entitlement and environmental assessment. Pursuant to FMC Section 15-5017, the project has been scheduled for consideration by the Planning Commission. Notice of Planning Commission Hearing In accordance with Section 15-5007 of the FMC, the Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property on March 24, 2023 (Exhibit L). No comments have been received to date. ENVIRONMENTAL FINDINGS An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. This Project is a subsequent project entitlement to previously approved Development Permit No. P18-03647 which authorized the physical development of seven (7) office/warehouse shell buildings (Buildings A, B, C, D, E, F, & G) and the establishment of certain uses permitted "by-right" in the IH (Heavy Industrial) zone district. The site is already developed, and environmental impacts associated with that development were previously analyzed under related Environmental Assessment No. P18-03647 which resulted in a Mitigated Negative Declaration, dated May 10, 2019, being prepared. Development Permit Application No. P18-03647 and related Environmental Assessment Number P18-03647 were approved and adopted by the City of Fresno on December 11, 2019. Environmental Assessment Number P18-03647 (EA) was tiered from the Master Environmental Impact Report SCH No. [2012111015] (MEIR) prepared for the Fresno General Plan and certified in December 2014. The EA MND incorporated certain mitigation measures originally contained within the MEIR, and through adoption of the EA MND, those measures were adopted as part of the EA MND for P18-03647. On September 30, 2021, the Council certified a Program Environmental Impact Report SCH No. 2019050005 for the Fresno General Plan (GP PEIR) and adopted certain revisions to the Mobility and Transportation Element. Through certification of the GP PEIR, the prior MEIR was superseded as the environmental document for the Fresno General Plan. However, mitigation measures included in the prior MEIR, which were then incorporated into the EA MND and adopted as part of the document, remain in effect for the EA area. The environmental analysis contained in this Initial Study and Mitigated Negative Declaration for Conditional Use Permit Application No. P21-06275 is tiered from the Mitigated Negative Declaration adopted for Environmental Assessment Number P18-03647. The Project has been determined to be a subsequent project that is not fully within the scope of the MND prepared for the Environmental Assessment Number P18-03647. Therefore, the Planning and Development Department proposes to adopt a Mitigated Negative Declaration for this project. There is no substantial evidence in the record that this project may have additional significant, direct, indirect, or cumulative effects on the environment that are significant and that were not identified and analyzed in the Environmental Assessment No. P18-03647. After conducting a review of the adequacy of the Environmental Assessment Number P18-03647 MND pursuant to Public Resources Code, Section 21157.6(b)(1), the City of Fresno Planning and Development Department, as Lead Agency, finds that no substantial changes have occurred with respect to the circumstances under which the MND was adopted and that no new information, which was not known and could not have been known at the time that the MND was adopted as complete, has become available. The project is not located on a site which is included on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land designated as hazardous waste property, hazardous waste disposal sites and others, and the information in the Hazardous Waste and Substances Statement required under subdivision (f) of that Section. Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and has prepared a mitigated negative declaration for this project. A public notice of the attached mitigated negative declaration finding for Environmental Assessment Application No. P21-06275 was published on November 14, 2022, with one request for a copy of the initial study and application file and no comments or appeals received to date. Project specific mitigation measures include implementation of policies and procedures identified in the Spill Prevention and Emergency Response Plan (Appendix C of the Initial Study). It is noted that Appendix G of Environmental Assessment Number P21-06275 (page 10) cites California Quality Act (CEQA) Guidelines Section 15177 as the authority for tiering the MND (P21-06275). However, CEQA Guidelines Section 15177 refers exclusively to projects that are within the scope of a prior MEIR. Given that this Environmental Assessment is a subsequent MND which is tiered from the prior MND (P18-03647), the correct and more accurate citation for tiering authority is CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations); not Section 15777. Therefore, an addendum to the Mitigated Negative Declaration prepared for Environmental Assessment No. P21-06275 as filed with the Fresno County Clerk on November 14, 2022, was prepared to provide clarification, and make a minor correction. The addendum adds no new information but merely clarifies or makes insignificant modifications to said environmental assessment as allowed pursuant to Section 15073.5 of CEQA guidelines. Therefore, it has been determined based upon the evidence in the record that, with project specific mitigation incorporated, the project will not have a significant impact on the environment and that the filing of a Mitigated Negative Declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2). As mentioned in the Public Notice and Input section above, a public notice of the attached Mitigated Negative Declaration for Environmental Assessment Application No. P21-06275 (Exhibit M) was published on November 14, 2022. To date, one (1) response letter has been received (Exhibit N). Staff prepared responses to the comments which are also included as part of Exhibit N. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications, staff concludes that the required findings made by the Planning and Development Department Director to approve the special permit under Section 15-5306 (Conditional Use Permit Findings) of the Fresno Municipal Code are appropriate. These findings are attached as Exhibit O. If the Planning Commission decides to approve the appeal and overturn the action of the Planning and Development Department Director to approve Conditional Use Permit Application No. P21-6275, the Commission must find that there is not substantial evidence in the administrative record to make all the findings required by Section 15-5306 and amend them accordingly. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan and North Avenue Industrial Triangle Specific Plan; its compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment and concludes that the required findings contained within Section 15-5306 et seq. of the FMC can be made. Upon consideration of this evaluation, it can be concluded that the proposed Conditional Use Permit Application No. P21-06275 is appropriate for the subject property. Action by the Planning Commission is final unless appealed to the City Council by the Councilmember of the district in which the project is located or by the Mayor, either on their own initiative or upon receiving a petition from any person. ATTACHMENTS: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph Exhibit C - Planned Land Use & Zoning Maps Exhibit D - Project Information Tables Exhibit E - Master Application & Owner's Letter of Authorization Exhibit F - Operational Statement Exhibit G - Exhibits (Site, Floor, Elevations) Exhibit H - Notice of Intent & Noticing Map Exhibit I - Conditions of Approval [02-17-2023] Exhibit J - Notice of Action [02-17-2023] Exhibit K - Appeal Letter [02-27-2023] Exhibit L - Public Hearing Notice & Noticing Map Exhibit M - Environmental Assessment (Including Studies) Exhibit N - Comments Letters & Responses to Env. Assessment Notice Exhibit O - Fresno Municipal Code Findings