REPORT TO THE PLANNING COMMISSION JULY 16, 2025 FROM: JENNIFER K. CLARK, AICP Director Planning & Development Department THROUGH: ASHLEY ATKINSON, AICP, Assistant Director Planning & Development Department PHILLIP SIEGRIST, Planning Manager Planning & Development Department BY: ERIK YOUNG, Supervising Planner Planning & Development Department SUBJECT ..Title Consideration of Text Amendment Application No. P25-00974 and related Environmental Finding for Environmental Assessment No. P25-00974, amending Table 15-1102 and Section 15-2728 of the Fresno Municipal Code, related to Drive-In and Drive-Through Facilities in Mixed-Use Districts. 1. RECOMMEND ADOPTION (to the City Council), of a finding set forth in Environmental Assessment No. P25-00974, that Text Amendment Application No. P25-00974 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3). 2. RECOMMEND ADOPTION (to the City Council), of Text Amendment Application No. P25-00974, to amend Table 15-1102 and Section 15-2728 of the Fresno Municipal Code (FMC), relating to existing establishments with drive-through facilities that are required to relocate as a result of a taking by eminent domain. ..Body EXECUTIVE SUMMARY Text Amendment Application No. P25-00974 was initiated by the Planning and Development Department Director and proposes to amend Table 15-1102 (Use Regulations - Mixed Use Districts) and Section 15-2728 (Drive-In and Drive-Through Facilities) of the FMC. The Text Amendment is proposed to provide flexibility for existing drive-through facilities required to relocate as a result of a taking by eminent domain. BACKGROUND The Planning and Development Department Director initiated Text Amendment Application No. P25-00974 for the purpose of providing flexibility for existing drive-through facilities required to relocate as a result of a taking by eminent domain. Currently, under Table 15-1102 (Use Regulations - Mixed Use Districts) of the FMC, Drive-In and Drive-Through Facilities are permitted in Mixed-Use districts subject to an approved Conditional Use Permit and Specific Limitation No. 15, which 1) prohibits drive-throughs within 100 feet of a planned or existing Bus Rapid Transit station and 2) prohibits drive-through related facilities from being located between a building and a sidewalk. Additionally, under FMC Section 15-2728-B(2) (Space Between Drive-Throughs), a building with a drive-through lane shall not be located within 400 feet of another building containing a drive-through. This proposed Text Amendment would add an exception to the 100-foot BRT separation requirement (Specific Limitation No. 15 of Table 15-1102 of the FMC) and an exception to the 400-foot drive-through separation requirement for projects involving relocation of existing establishments with drive-through facilities that are a result of a taking by eminent domain. A qualifying establishment's new location may be within 100 feet of a planned or existing BRT stop and/or within 400 feet of another structure containing a drive-through facility provided the new site is within one (1) mile of the original location. All other drive-through design guidelines shall apply. PUBLIC NOTICE AND COMMENT Review by Committees and Commissions Council District Project Review Committees Three (3) of the four (4) active Council District Project Review Committees (Districts 1, 3, and 6) reviewed the proposed Text Amendment. * On June 12, 2025, the Council District 1 Project Review Committee considered the proposed Text Amendment and unanimously recommended approval. * On June 24, 2025, the Council District 3 Project Review Committee considered the proposed Text Amendment, asked several questions including the intent of the proposed amendment, if there were alternatives other than a text amendment, and whether any impacted businesses will utilize the amendment. Staff addressed the committee's questions; however, the committee did not make a recommendation. * On June 11, 2025, the Council District 6 Project Review Committee considered the proposed Text Amendment with a recommendation that Staff consider public comments (See Exhibit E). * The Council District 4 Project Review Committee failed to establish a quorum at its regularly scheduled meeting on June 17, 2025. Fresno County Airport Land Use Commission City staff consulted with Airport Land Use Commission (ALUC) staff and determined that formal ALUC review was not necessary due to the limited scope of the Text Amendment. Public Hearing Notice A Legal Notice was published in the Fresno Bee on June 25, 2025, pursuant to Fresno Municipal Code Section 15-5007-D. In addition, the notice was posted on the City Clerk's website and provided to the City's distribution list for such notices (See Exhibit B). ENVIRONMENTAL FINDINGS An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines (See Exhibit C). CEQA Guidelines Section 15061(b)(3) states that "CEQA applies only to projects which have the potential for causing a significant effect on the environment" (the "common sense" exemption). "Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The proposed Text Amendment is for the City Council to modify use limitations related to drive-through facilities when located in Mixed-Use zone districts and near planned or existing Bus Rapid Transit stations. Specifically, the Text Amendment would provide flexibility for existing drive-through establishments that are required to relocate as a result of eminent domain where the new location may be within 100 feet of a BRT station and within 1 mile of the original location. Furthermore, this Text Amendment does not commit the City to any specific project. Therefore, it can be seen with certainty that there is no possibility that accepting this Text Amendment may have a significant effect on the environment and Staff has determined that the project is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) exemption. Staff has also determined that none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines, Section 15300.2 apply to this project. FRESNO MUNICIPAL CODE FINDINGS Section 15-5811 of the Fresno Municipal Code provides that the Planning Commission shall not recommend, and the City Council shall not approve an application unless the proposed Text Amendment meets Criteria A (1 and 2) of Section 15-5811. Please see Exhibit D for the FMC Findings. CONCLUSION The appropriateness of the proposed Text Amendment has been examined with respect to its consistency with goals and policies of the Fresno General 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 findings and environmental assessment. Based upon this evaluation, it can be concluded that the proposed Text Amendment is appropriate. Action by the Planning Commission will be a recommendation to the City Council. ATTACHMENTS: Exhibit A - Draft Ordinance Exhibit B - Public Notice Exhibit C - Environmental Assessment Exhibit D - Fresno Municipal Code Findings Exhibit E - Public Comments