City, FUSD create inconvenient reality for McLane convenience store owner

POESCHEL HAS THE FLOOR

The audience at the Jan. 6 Planning Commission meeting consisted of three people in the applicant’s corner. That was it.

And that made all the difference in the final vote.

The hearing began with an oral report from staff. We’ve already gone over the details.

The commissioners were told all about the 600-foot rule, squishy though it is. Since this CUP application is controversial, the commissioners learned, the Administration was dumping the decision in their laps.

The came about 20 minutes of give-and-take between the commission and the Ghuman team.

Poeschel said he called Fresno Unified headquarters three times in an effort to set up a meeting.

“Never got a response,” he said.

Poeschel said he sent an email to the McLane principal (Scott Lamm) so the two could personally discuss Ghuman’s plans. Poeschel held up a paper copy of the email and submitted it for the record.

Again, Poeschel, said, no response.

The whole point, Poeschel said, was to explain Ghuman’s “extraordinary” efforts to mitigate Fresno Unified’s concerns.

“We take it very seriously – What can we do?” he said.

Ghuman went to the public microphone and recounted his sad tale of doing business with Quick Mart’s corporate leaders.

“I’m in your hands – make it or break it,” Ghuman told the commissioners. “I’ll do everything the city asks me. Especially with the beer. I won’t let anybody near the beer.”

In fact, the beer cases will be locked during the “no-sale” hours. The Quick Mart doesn’t sell gas.

Ghuman turned in letters with lots of signatures. He said one letter was signed by neighborhood residents supporting his effort. He said the other letter was signed by nearby business owners who support him.

There was more talk, much of it inconclusive, about what was called “over-concentration” of alcohol sales in the neighborhood. Bottom line – the neighborhood might already have enough places to buy a six-pack.

The vote appeared to turn on the views of two commissioners – Reed and Luisa Medina.

“I’m certainly empathetic with the applicant’s concerns and how you were treat by this corporation that clearly was not a good actor in this,” Reed said.

At the same time, Reed said, “in the time I’ve been on the planning commission, and before that, I’ve heard repeatedly the concerns of our community about the over-concentration of alcohol sales in various parts of our community.”

Reed said various government agencies came up with the 600-foot rule through trial-and-error. That school-of-hard-knocks counts for something, he said.

“For me,” Reed said, “though I am empathetic and I appreciate the herculean efforts that the applicant has made in proposing additional conditions on the sale of alcohol and other items, for me it still comes down to whether or not this is an appropriate use for this particular census track, this part of our community and this particular property in proximity to the school.

“So, I’m going to be in opposition of approval of the application.”

Medina was the most persistent questioner on the commission. For example, she got Ghuman to acknowledge that this is his first convenience store. Considering all the pressure on him, Medina said, that’s a tall order for a rookie.

And Medina often sounded as skeptical as Reed.

“The close proximity to the school is a concern to me,” she said.

But it was the Police Department that caused her the most “turmoil,” Medina said. When the police “flipped,” she added, that changed her thinking.

“I know I will have hell to pay with some of the advocates that I see on occasion who are working feverishly to try to get these kinds of permits under control or under arrest or whatever,” Medina said. “But tonight I will vote in support of this.”

One other thing stuck in the commissioners’ craw – no one from Fresno Unified bothered to show up.