Planning commission sends banquet-hall appeal back to staff after neighbors and operator debate parking and use

The Fresno Planning Commission on May 7 voted to send the appeal of a Planning and Development Department denial of Conditional Use Permit P2302631 back to staff for further work after public testimony and commissioner questions about parking, accessibility and community uses.

Staff presented the application for property at 4927 East McKinley — a tenant space in the Airport Village Commercial Center — describing a proposal to operate a banquet hall in an existing 8,300-square-foot tenant space. Chris Lang of the Planning and Development Department said the applicant proposes hours opposite the onsite adult day care: 6 to 11 p.m. on weekdays and 6 p.m. to midnight on weekends. The proposed assembly area is about 6,700 square feet; Fresno Municipal Code requires one parking space per 50 square feet of assembly area, which would create a need for roughly 135 stalls. The center currently has 95 total on-site spaces (54 on the subject parcel and 41 on the adjacent parcel under a shared-parking agreement that has not been recorded as a covenant), and staff said no code exception that applies to this use could be applied.

The staff report said planning denied the permit on March 25 because the required findings could not be made due to parking impacts and potential effects on neighborhood safety and welfare; Councilmember Maxwell filed the appeal. Lang told commissioners the development code allows off-site shared parking within 400 feet and on the same side of the street if a recorded covenant is in place; because a covenant could not be secured here, the off-site parking arrangement could not be approved.

Applicant Sammy Lee Yang, operator of the adult day care located on the site and the appellant, described the space’s community role and urged flexibility so seniors and nonprofit groups could continue to use it. "I do want to continue to support my senior citizen group," Yang said during public testimony. Yang said the space hosts regular activities for participants, many who use electric wheelchairs, and that the operation began informally with community events. She said she had tried to secure a neighbor’s agreement to share parking and did not understand earlier that a recorded covenant was required.

Community speakers — including Manuel Cunha, president of the Nisei Farmers League; Wei Yang, president of Yang United; and Gloria Heinrichs, president of the Central California Big Band Dance Society — described regular senior and cultural activities at the site and supported the applicant. Cunha told the commission he has visited the facility and said it provides a safe indoor setting for seniors with mobility needs.

Commissioners pressed staff and the applicant about possible solutions. Staff said the assembly area would need to shrink by about 2,000 square feet (to roughly 4,700 square feet) for existing on-site parking to meet the code requirement. Staff and commissioners discussed options including constructing a permanent demising wall with doors to create a smaller, enforceable assembly space; pursuing a recorded shared-parking covenant with the adjacent owner (who indicated willingness during the hearing); or relying on temporary-use permits, which staff said are limited in number per year and therefore not a long-term solution for recurring events.

Philip Segris, planning manager, confirmed there is one code enforcement case referenced in the staff report (case E23) related to parking; neighbors had complained of overflow parking and cars blocking bicycle lanes on North Fine Avenue.

Following public comment and commissioner discussion, the commission chair moved to send the appeal back to staff with direction to pursue workable solutions, including exploring a permanent demising wall, the recorded parking covenant with the adjacent property owner, and accessibility review. The motion passed; the meeting record does not record individual roll-call votes by name.

Votes at a glance - Motion to approve the agenda: passed (voice vote). No mover/second recorded in transcript. - Motion to approve the consent calendar (April 16 minutes): moved by Commissioner Bridal, seconded by Commissioner Shergill; passed (voice vote). - Motion to send the Rivendell/4927 E. McKinley CUP appeal back to staff for further work (direction to explore a demising wall, parking covenant and accessibility): moved by the chair; second not recorded in the transcript; outcome passed.

Why it matters: The commission’s direction preserves the applicant’s opportunity to pursue fixes while acknowledging code constraints that exist to limit parking spillover, protect bike lanes and minimize neighborhood impacts. Commissioners repeatedly noted that a CUP grants an entitlement to the land that would run with future owners unless the use is physically limited (for example, by a permanent wall).

Next steps: Staff will follow up with the applicant and the adjacent property owner on a potential recorded shared-parking covenant, evaluate the feasibility of a permanent demising wall that meets accessibility requirements, and return with recommended findings or revised application materials. The commission asked staff to report back to the applicant and community on follow-up steps.