The length of a conversation over fast-food drive-thru approvals took some Fresno City Council members by surprise Thursday. What some thought would be a simple land-use approval turned into a discussion about how business-friendly Fresno is, consistency in planning, and the environment.

“Who knew this would be the hottest item of the day?” Fresno City Council President Mike Karbassi joked.

Hotter than a hamburger sizzling on the grill, as it turned out.

After 1 hour and 20 minutes, the council voted 6-1 to exempt businesses with drive-thrus from city regulations requiring them to be at least 100 feet away from bus rapid transit stations and 400 feet from other drive-thrus — a policy in place since 2016. The exemption applies to properties that are forced to move because of a public works project, but move within one mile from the  original location. It also applies only to businesses that move within areas zoned for mixed use.

There are three businesses with drive-thrus that will be displaced because of the Blackstone/McKinley grade separation project — Taco Bell, Dutch Bros., and Carl’s Jr.

Planning department staffer Phillip Siegrist explained the city established the 100/400 foot rules because most BRT stations were within mixed-use zoning — which means more pedestrians, discouraging auto use. The one-mile restriction, Siegrist said, was a belief that businesses would want to relocate nearby.

“Auto-oriented uses such as drive-thru facilities are not the most appropriate uses that’s right next to a BRT stop,” Siegrist said.

One goal was to reduce greenhouse gases, City Manager Georgeanne White explained.

Exemptions Already in Place

The discussion exposed several exemptions already in place, and whether such setbacks were arbitrarily established.

Councilmember Miguel Arias exposed that there are examples where the 100/400 foot rules do not apply. He remarked that he didn’t recall anyone filing an injury claim because drive-thrus are too close to each other.

A new Starbucks in west Fresno will have two drive-thrus near bus stops. However, there will be landscaping barriers. Arias wanted to eliminate the distance rules altogether — as long as there is some sort of physical barrier.

“There hasn’t been a negative impact in terms of safety,” Arias said of several exemptions already in place.

For example, one of the city’s most well-known pair of drive-thrus — Chik-fil-A and In-N-Out Burger at Blackstone and Nees avenues — are exempt because of proximity to a freeway. A Dutch Bros. and Habit Burger and Grill have drive-thrus within 400 feet at a relatively-new shopping center at Herndon and Brawley avenues. However, that shopping center is not zoned mixed use.

“Why don’t we have consistency?” Arias asked. He wants a uniform process throughout the city.

Siegrist said any changes beyond the exemptions originally proposed would require studies that could take a year.

Councilmember Tyler Maxwell opposed any changes beyond the 100/400 foot exemptions for displaced businesses, saying it would have “significant detriments to the Blackstone corridor.”

“To open Pandora’s Box would be extremely misguided,” Maxwell said.

Councilmember Annalisa Perea called the policy “business friendly” for helping displaced businesses land on their feet. She is open to more discussion in the future.

Karbassi Skeptical of Policy

Karbassi was skeptical of the exemption, saying it didn’t sufficiently support business expansion. He was the only no vote.

“While I support the general concept, it was marketed by some of the discussion as a business-friendly item. It only impacts one business. And in the discussion, we discovered how there’s a lot of red tape and this council could initiate action to make it easier,” Karbassi told Politics 101 after.

Drive-thrus are key to businesses, especially fast food, Karbassi said.

“The rules right now are ridiculously restrictive, and I can’t find a good logical reason for it. So we could have supported it today, but here’s the thing, it passed, and they’re not going to come back and make any actual business-friendly changes. That’s my concern,” Karbassi said.

Darius Assemi, publisher of GV Wire and president/CEO of Granville Homes, advocated for the policy change in public documents.

Arias Scores Progressive Points in Air National Guard Lease

The city council renewed its lease for 40 years at the airport with the federal Department of Defense for the California Air National Guard on a 7-0 vote. The base serves as home for the 144th Fighter Wing.

But, Arias wanted to make a point, in light of the Trump administration imposing conditions on federal grants. The city recently won a temporary reprieve in federal court.

“Does this agreement include any provisions imposed by the city that somehow require the federal government to recognize our local values? For example, are we requiring them to hold a pride parade on the facility? Are we requiring to do DEI as part of their contracting provisions? My question is just simply, are we treating the federal government as the current federal administration is attempting to treat us by imposing unrelated, unsubstantiated conditions on a simple lease agreement?” Arias asked rhetorically.

The lease is for a nominal $3 a year.

Independent Reviewer Retiring

The city honored John Gliatta with a day in his honor. Gliatta, the city’s independent reviewer since 2017, is retiring. Friday is his last day.

The Office of Independent Review examines officer-involved shootings and other complaints against the police department, and releases quarterly reports.

Gliatta leaves after more than four decades of law enforcement experience. He also worked for the FBI and Fresno County Sheriff’s Office.

Accepting the award, Gliatta said his goal was to educate the public.

“I used to see what the public would perceive as maybe some wrongdoing by law enforcement, but really weren’t aware of the training, the laws, et cetera, so that’s why I took that role,” Gliatta said.

He also defended Mayor Jerry Dyer, the city’s former police chief, from social media allegations of cover-ups.

In response, Dyer joked that Gliatta should adopt a cat on the way out. A cute kitten was on display for Pet of the Month.

Other Council Notes

The city will make another attempt to become a prohousing-designated city, after losing that distinction earlier this year. The recognition from the state makes it easier — and more cost effective — to build housing projects. The city council voted 7-0 to apply for the Prohousing Designation Program.

“Without this designation, Fresno stands to miss out on millions in potential state funding,” Dyer said. “This designation will reinforce our commitment to tackling the housing crisis and brings in critical resources to help build more homes, faster.”

Tyrone Roderick Williams, head of the Fresno Housing Authority, presented the city with a check of more than $216,000. The money represents the city’s share for a windfall of FHA-managed affordable housing projects — Inyo Terrace, Viking Village and Cedar Heights — that turned a profit.

The city honored star Central East wrestler Me’Kala James. Perea asked for a demonstration. Dyer volunteered, to be promptly taken down by James.