Planning commission upholds denial of A’s Family Market beer‑and‑wine request under RNMA location limits

The Fresno City Planning Commission on a motion denied an appeal and upheld the planning staff’s denial of conditional use permit application P24‑01344, which sought to reestablish a type 20 off‑sale beer‑and‑wine license for A’s Family Market (2717 North Hughes Avenue).

What was before the commission: Planning staff, represented by Eric Young, said the store is a 3,290‑square‑foot market that operates in a commercial strip near multifamily and single‑family residences. Young said the site historically sold alcohol under a prior conditional use permit, but a license was revoked by the California Department of Alcoholic Beverage Control after a shooting and related investigations. The current owner, Yaslam (Yeslam) Hamed, purchased the store in April 2020 and applied to reestablish beer and wine sales.

Staff findings and RNMA limits: Young told the commission the application did not meet the Responsible Neighborhood Market Act (RNMA) location restrictions. He said the establishment was not within 1,000 feet of a sensitive use (school, park, playground) but did fail the location restriction regarding proximity to other off‑sale alcohol establishments: the census tract (Tract 37.02) already had seven active off‑sale licenses; approving this application would make eight, exceeding the tract maximum of four. Young said the application “did not meet 4 out of the 5 location restrictions” and therefore did not qualify for the RNMA exceptions, including the full‑service grocery store exception.

Police analysis: Fresno Police Captain Jennifer Horford testified staff review of comparable locations found 17 premises with type 20 or 21 licenses within a one‑mile radius and that those locations generated 925 calls for service over a 24‑month period. Horford summarized that roughly 30% (about 275) of those calls were for violent crime or weapons‑related offenses and stated their threshold: “anything over 25% is deemed excessive.” She said the department concluded the proposed license would be detrimental to public health, safety and welfare in the area.

Applicant and supporters: Applicant Yaslam Hamed stated he has operated the store since 2021, described produce, meat and dairy sections and said the business includes bill‑paying and money‑services. He said rising operating costs make beer and wine sales necessary to keep the store viable. The building owner, Dr. Kayla, and nearby residents and business supporters said the store serves apartment residents immediately behind the site and said closure would worsen loitering, dumping and homelessness in the area. Councilmember Annalisa Perea submitted a letter of support (read by a district staffer) asking the commission to grant the CUP.

Planning staff recommendation and public comments: Planning staff recommended denying the appeal because the application did not satisfy location restrictions or qualify for RNMA exceptions; staff also recommended the commission adopt the draft environmental assessment. Several neighbors and community members spoke in support of the applicant, describing the store’s role for nearby residents and the landlord’s investments in the property.

Commission action: After discussion, a commissioner moved to approve staff’s recommendation to deny the conditional use permit; the motion was seconded by Commissioner Diaz and carried on voice vote, with the chair announcing the denial was upheld.

Decision implications: The commission’s action upholds the denial of the ABC license exception under the RNMA location restrictions. The applicant may pursue other administrative or legal options outside the commission record; the transcript records that planning staff advised the commission that to grant approval the commission would have needed to find the project complies with the RNMA location restrictions or qualifies for an exception (for example, by establishing the business is a full‑service grocery store). The transcript does not record any amended findings that would have authorized the license.

Ending: Planning staff noted that the applicant may pursue further steps, but under the RNMA and the police analysis the commission declined to approve the conditional use permit for off‑sale beer and wine.