County of Fresno
DEPARTMENT OF PUBLIC WORKS AND PLANNING
Planning Commission Staff Report
Agenda Item No. 4
January 12, 2006
SUBJECT: Initial Study Application No. 5362 and Classified
Conditional Use Permit Application No. 3126
Allow an automobile wrecking operation (auto
dismantling and sales) on a 4.23-acre parcel in the M-3
(Heavy Industrial) District.
LOCATION: On the west side of S. Chestnut Avenue between E. North
and E. Muscat Avenues, approximately one-half mile
from the nearest city limits of the City of Fresno (3111 S.
Chestnut Ave.) (SUP. DIST.: 1) (APN: 330-050-05).
Applicant: Chamren Touch
Owner: Chamren Touch
STAFF CONTACT: Brian Ross, Planning & Resource Analyst
Chris Motta, Senior Staff Analyst
Approve the Mitigated Negative Declaration prepared for Initial Study Application No.
5362, approve Classified Conditional Use Permit Application No. 3126 with
recommended findings and conditions, and direct the Secretary to prepare a
resolution documenting the Commission’s action.
DEVELOPMENT SERVICES DIVISION
2220 Tulare Street, Sixth Floor / Fresno, California 93721 / Phone (559) 262-4055 / 262-4029 / 262-4302 / 262-4022 FAX 262-4893
Equal Employment Opportunity • Affirmative Action • Disabled Employer
REGIONAL JOBS INITIATIVE:
On December 3, 2003, the Board of Supervisors adopted a joint resolution of the
Fresno City Council, the Clovis City Council, and the Board of Supervisors declaring
their commitment to work collaboratively towards the goals of the Regional Jobs
The mission of the RJI is to develop short and long-term comprehensive strategies
aimed at creating 25,000 to 30,000 net new jobs within five years at an average
salary of $29,500, to diversify the Fresno regional economy and establish a
foundation for sustainable growth to combat chronic double-digit unemployment.
If approved, this proposal should not impact the short and long-term objectives of the
RJI for the creation of jobs in Fresno County. It is possible that there may be short-
term job opportunities for activities associated with construction activity of the four
buildings and the employment activity associated with the auto dismantling and sales
1. Location Map
2. Existing Land Use Map
3. Existing Zoning Map
4. Site Plan
5. Floor Plans and Elevation Drawings
6. Operational Statement
7. Summary of Initial Study Application No. 5362
8. Findings Necessary for the Granting of a Conditional Use Permit
PROJECT DESCRIPTION / OPERATIONAL STATEMENT SUMMARY:
Listed below are key features of the project based on information contained within
the applicant’s site plan, floor plan and elevation drawings, and operational
statement (Exhibits 4, 5, and 6).
Staff Report – Page 2
• Storage Yard
• Existing Residential Unit
• Existing well
• Auto dismantling operation and sales
• Caretaker’s Residence
• A 4.32-acre parcel
• An approximately 2,200 square-foot residence
• A septic tank
• A six-foot high chain link fence at property perimeter
• Four proposed 5,000 square-foot buildings (constructed in four phases)
• Twenty-six proposed parking spaces
• Auto Salvage yard with a maximum stacking height of two cars
• Temporary caretaker’s residence
• The auto dismantling operation and vehicle storage will occur in the area
designated as “Auto Salvage Yard”. An engine crane, forklift, floor jacks, 10-
H.P. compressor, and general hand tools will be used during the dismantling
• The expected number of vehicles delivered is estimated to be between four to
eight cars each week.
• The enclosed buildings will be used for the storage and retail of the vehicle
parts. The operational hours for the retail of the parts will be from 8:00 a.m.
to 5:00 p.m., Monday through Saturday.
• There will be two employees on the site during business hours and
approximately 15 to 25 customers per day.
An Initial Study was prepared for the project by County staff in conformance with the
provisions of the California Environmental Quality Act (CEQA). Based on the Initial
Study, staff has determined that a Mitigated Negative Declaration is appropriate. A
summary of the Initial Study is included as Exhibit 7.
Staff Report – Page 3
Notice of Intent to adopt a Mitigated Negative Declaration publication date:
December 23, 2005.
Notices were sent to 31 property owners within one-quarter mile of the subject
property exceeding the minimum notification requirements prescribed by the
California Government Code and County Zoning Ordinance.
BACKGROUND AND PROCEDURAL CONSIDERATIONS:
The applicant proposes to establish an auto-dismantling operation and auto-parts
retail sales on the subject property. The auto dismantling operation requires a
Conditional Use Permit application in the M-3 District by the Zoning Ordinance. A
Conditional Use Permit application may be approved only if four findings specified in
Zoning Ordinance Section 873-F are made by the Planning Commission (Exhibit 8).
The decision of the Planning Commission on a Conditional Use Permit is final unless
appealed to the Board of Supervisors within 15 days of the Commission’s action.
KEY INFORMATION PERTINENT TO STAFF ANALYSIS:
Project Location: West Side of S. Chestnut Avenue between
E. North and E. Muscat Avenues,
approximately one-half mile from the
nearest city limits of the City of Fresno
Use of Subject Property: Salvage Yard, vacant single family
Surrounding Land Uses: Industrial, residential, and vacant land
Surrounding Parcel Sizes: 1.51 to 21.85 acres
Nearest Residence: Adjacent to the north
General Plan Land Use General Industrial, Roosevelt Community
Zoning: M-3 (Heavy Industrial) District
Staff Report – Page 4
Development Standards: No building setbacks required on the east,
west and south portions of the site. A 20-
foot setback is required on northern
property line due to the adjacent RA Zone
Maximum Permitted Building None
Public Road Access/Frontage: Chestnut Avenue
Road Classification: Arterial
Road Specifications: 32 feet of pavement; 40 feet of right-of-
way, 20 feet existing on each of the section
line; ADT: 5,800 vehicles
ANALYSIS / DISCUSSION:
Finding 1: Adequacy of the Site
The proposed auto dismantling operation and auto parts sales will be located on a
4.23-acre parcel of land. The applicant’s Operational Statement and site plan
indicate that the dismantling operation will occur on the approximately 3.19-acre
portion labeled “Auto Salvage Yard”. The remaining portion of the parcel will be
reserved for four 5,000 square foot buildings (built in phases), that will be used for
the retail and storage of auto parts; two parking lots, one 8,700 square-foot parking
lot and another 6,850 square-foot parking lots; and an area, between the proposed
buildings and Chestnut Avenue, reserved for landscaping.
Adequate on-site parking area for parking and circulation is available. The
applicant’s site plan indicates that 23 paved parking spaces will be provided for
employees and visitors. The “M-3” Zone District parking requirements are based
upon the number of employees, salespersons, and company vehicles. According to
the operational statement, the operation will only utilize two employees at one time,
who will operate the dismantling and the sales operation, and no more than 25
customers daily. Furthermore, no company vehicles will be provided. Therefore, the
parking spaces identified in the Site Plan will accommodate the proposed use.
M-3 Zone District property development standards, including required setbacks, can
be met by this proposal. The proposed buildings show a 20 foot setback from the
front property line, exceeding the zero setback identified in the M-3 District. The
proposed building under Phase IV shows a 20 foot setback from the northern
property line, which meets the required setbacks for M-3 parcels adjacent to parcels
Staff Report – Page 5
zoned for residential development. The proposal meets the development standards
for height (maximum 75 feet) and space between buildings (no requirements). The
proposal parcel does not need to allocate space for sewer and water as, per the
applicant’s operational statement and the Mitigated Negative Declaration prepared
for this project, they will be connecting to the Malaga County Community Water and
Finally, per Zoning Ordinance Section 845.6, a Site Plan Review is required for
development in the M-3 Zone District. The Site Plan Review shall be submitted for
approval by the Director of the Department of Public Works and Planning in
accordance with the Fresno County Zoning Ordinance. Conditions of the Site Plan
Review may include, but are not limited to, design of parking and circulation, areas
access, grading and drainage, fire protection, and control of lighting. This is
included as a project note.
Based upon the above information, staff believes that with the conditions of approval
and project notes the proposed 4.23-acre parcel is of adequate size and shape to
accommodate the proposed improvements. Therefore, staff believes Finding No. 1
can be made.
Finding 2: Adequacy of Streets and Highways
Access to the subject site is provided by S. Chestnut Avenue, an arterial road with
40 feet of right-of-way, 20 feet on each side. This section of S. Chestnut Avenue
has an ADT of 5,800, pavement width of 32 feet, structural section of 0.40 feet of AC
with 0.35 AB, and is in good condition.
According to the Operation Statement, the proposal will generate traffic that includes
two employees and up to 25 customers per day. Due to the limited number of trips
and existing condition of S. Chestnut Avenue, no additional road improvements or
road right of way was identified in the review of the project, and therefore are not
required as conditions of approval.
Per the joint County-City Memorandum of Understanding (MOU) agreement, the
project was routed to the City of Fresno for comment. The City is requesting Curb
and Gutter in order to ensure proper drainage and conform to City of Fresno
standards. However, curb and gutter is discontinuous and present on either side of
the property. Further, the parcel is not located within the City’s Sphere of Influence.
Therefore, the curb and gutter will not be required on this application.
Staff, therefore, believes that Finding No. 2 can be made.
Staff Report – Page 6
Finding 3: Adverse Effects Upon Surrounding Properties
The project proposes to create an auto-dismantling plant in a heavy industrial area.
The surrounding land uses include heavy industrial to the south, east, and west, and
residential uses to the immediate north. An Initial Study has been conducted and
addressed several potential neighborhood impacts. Those impacts have been
classified as less than significant, with some requiring mitigation. Those impacts
include aesthetics, air pollution, runoff, water and sewer, and noise.
Visual impacts will be mitigated with the proposed landscaping of trees and bushes
along the edge of Chestnut and along the northern edge of the parcel. Furthermore,
since the adjoining parcel to the north is a residential property, per Zoning Ordinance
Section 843.5.H.1 a six-foot masonry wall shall be provided along the Northern
property line, with the first thirty-five feet reduced to three feet in height.
The project will result in the creation of new sources of light and glare. Potential light
and glare impacts will be mitigated to a less than significant impact by requiring all
lighting to be hooded and directed so as to not shine towards adjacent properties
and public streets.
The San Joaquin Valley Air Pollution Control District (Air District) has reviewed the
project and commented that the entire San Joaquin Valley Air Basin is classified
non-attainment for ozone and fine particulate matter (PM10). They concluded that
the project would contribute to the overall decline in air quality due to increase traffic
and ongoing operational emissions. Therefore, in order to mitigate impacts related
to air pollution, the Air District has required that the applicant adhere to the rules and
regulations that will reduce air emissions. These are included as project notes.
Dust impacts could also be generated by this proposal. Several rules and
regulations have been cited by the Air District as being applicable to this project.
Rules dealing with asbestos surveys for demolition, prohibition of visual
contaminants into the atmosphere, prohibition of a public nuisance through the
emission of contaminants or materials, limitations of architectural coatings,
limitations on the storage of organic liquids and the use of asphalt paving, and rules
related to the finishing and refinishing of motor vehicle and mobile equipment, will all
be applicable. These rules and regulations are identified under project notes.
Potential permanent erosion impacts were addressed in the Initial Study. Impacts
related to absorption rates, drainage patterns and the rate and amount of surface
run-off will be less than significant with adherence to the Grading and Drainage
Sections of the County Ordinance Code. The project is also located in Fresno
Metropolitan Flood Control District (FMFCD) fee area AZ. The applicant will be
required to pay a $22,280 fee and follow the guidelines that are identified by the
Fresno Metropolitan Flood Control District (FMFCD). The fees are intended to cover
Staff Report – Page 7
the cost of constructing a pipeline that will connect the drainage, generated on the
subject property, to the existing Master Plan Facility. These infrastructure
improvements are required to be completed prior to occupancy. These requirements
are included as project notes.
Water and sewer will be provided by the Malaga County Water and Sewer District.
The project site is not currently being served by the District, however, after the
routing process Staff received a Will-Serve letter from the District stating that it will
serve the parcel for water and sewer. A mitigation measure has been included
requiring the applicant to connect to the District.
In reference to hazardous waste, the applicant is required to provide a Hazardous
Material Business Plan that will ensure that oils and other material will not affect the
groundwater. The applicant will also be required to follow all storm water discharge
requirements set forth by the Regional Water Quality Control Board. These
requirements include obtaining General Permit No. CAS000001 along with following
the guidelines identified under Water Quality Order No. 97-03-DWQ and National
Pollutant Discharge Elimination System (NPDES). These requirements are
identified under project notes.
The auto dismantling operation has the potential to expose nearby noise sensitive
receivers (the neighboring residence to the north and employees to the south) to
elevated noise levels. The impact is not expected to be significant with a mitigation
measure requiring the applicant to provide an acoustical analysis if noise complaints
are received. Furthermore, the applicant will be required to limit their operational
hours to 8:00 a.m. to 6:00 p.m. Monday through Saturday. The proposal also has
the potential to generate additional noise from the construction activity associated
with the use.
The proposed project may result in significant short-term localized noise impacts due
to construction equipment use. Construction specifications shall require that all
construction equipment be maintained according to manufacturer’s specifications,
and that noise-generating construction equipment be equipped with mufflers.
Potential noise impacts resulting from the construction of the proposed development
would be short-term and not considered significant. However, in order to ensure
construction activities do not create significant noise impacts, all construction
activities shall be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday through
Friday, and 7:00 a.m. to 5:00 p.m., Saturday and Sunday. Construction noise is
considered exempt from compliance with the Fresno County Noise Ordinance
provided construction activity occurs between these hours. These concerns have
been addressed in the Initial Study process and impacts are mitigated through a
With the aforementioned mitigation measures, conditions of approval, and project
notes, staff believes that Finding 3 can be made.
Staff Report – Page 8
Finding 4: General Plan Consistency:
The subject parcel is designated General Industrial in the County-adopted Roosevelt
Community Plan and is zoned M-3 (Heavy Industrial). This property lies within 1,000
feet of the boundary to the Sphere of Influence of the City of Fresno. Pursuant to
the MOU and General Plan Policy LU-G.1, the project was routed to the City of
Fresno for review and comment. The City did not indicate any concerns with the
proposal related to the use.
The Urban Industrial Policies of the General Plan generally require community sewer
and water services for industrial development. The subject property will be served
by the Malaga County Water and Sewer District. A Will-Serve letter has been
received and the applicant agreed to the mitigation measure requiring connection to
Policy LU-F.29 of the General Plan provides that appropriate conditions be imposed
on the approval of rezoning requests and/or discretionary permits for new or
expanded industrial development. The conditions are to protect public health, safety
and welfare and provide for adequate parking to reduce adverse impacts on abutting
properties. As indicated in the Finding 3 Section above, staff believes that
neighborhood impacts will be limited with mitigation measures, conditions of
approval, and project notes. Concerns related to adequate parking and circulation
will be mitigated with the mandatory Site Plan Review.
Policy LU-F.31 of the General Plan states that landscaping and appropriate setbacks
are required in all industrial areas that are adjacent to planned non-industrial areas
or roads carrying non-industrial traffic. While the entire surrounding area is
designated General Industrial in the Roosevelt Community Plan, the parcel to the
north is zoned RA. Also, Chestnut Avenue is an arterial road that carries both
industrial and non-industrial traffic. As a result, the 5,000 square foot building under
Phase IV has a setback of 20 feet and, per the Mitigated Negative Declaration,
landscaping will be required between along Chestnut Avenue. Therefore, with this
Mitigation Measure, the applicant will meet the requirements of this policy.
Based upon this information, staff believes this proposal is consistent with the
General Plan. Staff, therefore, believes that Finding No. 4 can be made.
Staff believes the required findings for granting the Conditional Use Permit can be
made based on the factors cited in the analysis, the recommended conditions, and
the notes regarding mandatory requirements. Staff therefore recommends adoption
Staff Report – Page 9
of the Mitigated Negative Declaration prepared for the project and approval of
Classified Conditional Use Permit Application No. 3126 subject to the recommended
PLANNING COMMISSION MOTIONS:
Recommended Motion (approval action)
• Move to adopt the Mitigated Negative Declaration prepared for Initial Study No.
• Adopt findings as stated below, and approve Conditional Use Permit Application
No. 3126 with conditions and notes as stated below; and
• Direct the Secretary to prepare a resolution documenting the Commission’s
Alternative Motion (denial action)
• Move to determine one or more of the required Conditional Use Permit findings
cannot be made for the following reasons [(state which finding(s) and reasons],
and move to deny the project.
• Direct the Secretary to prepare a resolution documenting the Commission’s
Recommended Conditions of Approval:
1. Development shall be in accordance with the approved site plan, floor plan,
elevations, and operational statement.
*2. All lighting shall be hooded and directed as to not shine towards adjacent
property and public streets.
*3. Landscaping shall be planted along S. Chestnut Avenue and the northern
edge of the subject parcel.
*4. Water and Sewer Services shall be provided by the Malaga County Water
and Sewer District.
*5. To mitigate potential noise impacts noise-generating construction activities
shall be limited to the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday
and 7:00 a.m. to 5:00 p.m. Saturday and Sunday.
Staff Report – Page 10
*6. Upon receipt and validation of noise complaints, the applicant will be required
to submit an acoustical analysis, prepared by a qualified acoustical consultant
with experience in evaluating community noise levels and standards. The
acoustical analysis shall address potential impacts to nearby noise sensitive
receivers from the proposed operation of the facility and shall include an
evaluation of the facilities’ operation during nighttime hours as specified in the
Fresno County Noise Ordinance. The acoustical analysis shall be submitted
to the Department of Community Health, Environmental Health Division for
review and approval. Mitigation measures that may be identified in the
acoustical analysis shall be implemented within thirty (30) days after the
onsite measurements to ensure conformance with the standards identified in
the Fresno County Noise Ordinance.
*7. The operational hours shall be limited to 8:00 a.m. to 6:00 p.m. Monday
The following notes reference various mandatory requirements of Fresno County or
other agencies and are provided as information to the project applicant.
1. Prior to occupancy, the applicant shall complete and submit either a
Hazardous Materials Business Plan or a Business Plan Exemption form to the
Fresno County Department of Community Health, Environmental Health
System. Contact the Certified Unified Program Agency at (559) 445-3271 for
2. A Site Plan Review shall be submitted for approval by the Director of the
Department of Public Works and Planning in accordance with Section 874 of
the Fresno County Zoning Ordinance. Conditions of the Site Plan Review
may include but are not limited to design of parking and circulation, access,
grading and drainage, fire protection, and control of lighting.
3. The applicant shall pay all Fresno Metropolitan Flood Control District
(FMFCD) fees and adhere to all of the District’s rules and regulations.
4. The applicant shall follow all storm water discharge requirements set forth by
the Regional Water Quality Control Board. These requirements include
obtaining General Permit No. CAS000001 along with following the guidelines
identified under Water Quality Order No. 97-03-DWQ and National Pollutant
Discharge Elimination System (NPDES).
Staff Report – Page 11
5. Per Zoning Ordinance Section 843.5.H.1 a six-foot masonry wall shall be
provided along the Northern property line, with the first thirty-five feet reduced
to three feet in height.
6. The applicant shall adhere to the following rules and regulations set by the
San Joaquin Air Pollution District:
A. Regulation VIII – Regulation VIII (Rules 8011-8081) is a series of rules
designed to reduce PM10 emissions (predominantly dust/dirt)
generated by human activity, including construction, road construction,
bulk materials storage, landfill operations, etc.
B. Rule 4002 – (National Emission Standards for Hazardous Air
Pollutants) In the event that any portion of an existing building will be
renovated, partially demolished or removed, the project will be subject
to District Rule 4002, requiring an asbestos survey if any demolition
C. Rule 4101 – (Visible Emissions) Prohibits emissions of visible air
contaminants to the atmosphere and applies to any source operation
that emits or may emit air contaminants.
D. Rule 4102 – (Nuisance) applies to any source operation that emits or
may emit air contaminants or other materials. In the event that the
project or construction of the project creates a public nuisance, it could
be in violation and be subject to District enforcement action.
E. Rule 4601 – (Architectural Coatings) limits volatile organic compounds
from architectural coatings. This rule specifies architectural coatings
storage, clean up and labeling requirements.
F. Rule 4623 – (Storage of Organic Liquids) limits VOC emissions from
tanks with a capacity of 1,100 gallons or more used to store organic
G. Rule 4641 – (Cutback, Slow Cure, and emulsified Asphalt, paving and
Maintenance Operations) if asphalt paving will be used, then paving
operations of this project will be subject to Rule 4641. This rule applies
to the manufacture and use of cutback asphalt, slow cure asphalt and
emulsified asphalt for paving and maintenance operations.
Staff Report – Page 12
H. Rule 4602 – (Motor Vehicle and Mobile Equipment Refinishing
Operations) regulates the finishing and refinishing of Group I and
Group II motor vehicles and Equipment. Such vehicles include (but are
not exclusive to): passenger cars, large/heavy duty truck cabs and
chassis, light and medium duty trucks and vans, golf carts and
motorcycles, buses and mobile equipment.
Staff Report – Page 13