Agenda packet — Fontana City Council, July 12, 2022 (part 2 of 6)

CONSENT CALENDAR:

A. Approval of Minutes:

Approve the Regular Planning Commission Meeting Minutes of March 1, 2022.

ACTION: A Motion was made by Commissioner Gordon, seconded by Secretary Sanchez, and passed unanimously by a vote of 4-0 (Chair Fort not present for this item) to approve the Consent Calendar.

The motion carried by the following vote:

Aye: Vice Chair Sangha, Secretary Sanchez, and Commissioners Gordon and Thrasher
PUBLIC HEARINGS:

PH-A Master Case No. 20-086; Conditional Use Permit 20-028 and Administrative Site Plan No. 20-030 - A request to review and approve a Conditional Use Permit for a proposal to establish and operate a Registered Vehicle Storage facility on approximately 1.9 adjusted gross acres; and an Administrative Site Plan for a proposal to construct a registered vehicle storage facility that includes a 2,155 square foot building, 33 truck and trailer parking spaces, and 6 auto parking spaces on approximately 1.9 adjusted gross acres.

Vice Chair Sangha opened the Public Hearing Item.

George Velarde, Assistant Planner presented the staff report.

The commission and staff discussed and clarified truck repair and service usage for this project.

The applicant, Doug Andresen, further clarified the truck repair services that will be offered at the project site. In addition, he acknowledged that he had read and agreed to the Conditions of Approval.

No one spoke in favor or in opposition of this project.

The Public Hearing was closed.

RECOMMENDATION:

Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2022-006; and,

1. Determine that the proposed project is exempt pursuant to Section 15332 Class 32, DocuSign Envelope ID: 669507E9-4755-416C-AE58-617287A33A88 267
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(In-fill Development) of the California Environmental Quality Act (CEQA) and Section

3.22 of the 2019 Local Guidelines for implementing CEQA, and direct staff to file a Notice of Exemption; and,

2. Approve Conditional Use Permit No. 20-028; and,

3. Approve Administrative Site Plan No. 20-030.

ACTION: Motion was made by Secretary Sanchez, seconded by Commissioner Gordon, and passed unanimously by a vote of 5-0 to adopt the Resolution presented. The motion carried by the following vote:

The motion carried by the following vote:

Aye: Chair Fort, Vice Chair Sangha, Secretary Sanchez, and Commissioners Gordon and Thrasher
PH-B Master Case No. 22-003; Conditional Use Permit No. 22-001 - a proposal for a Type 41 ABC License for on-sale beer and wine at “Epic Wings”, a casual restaurant specializing in fast-food items.

Chair Fort opened the Public Hearing Item.

George Velarde, Assistant Planner presented the staff report.

The commission and staff discussed the drive-thru and confirmed tenant; in addition, a discussion ensued regarding the utilization of the ABC license for this project site.

The commission and staff discussed other similar types of businesses within the city and discussed if the applicant had any other similar type of business in the city. A discussion also took place regarding police service calls to these type of businesses in other neighboring cities.

The applicant, Javier Gomez, representing Triple G Corporation, stated that he had read and agreed to the Conditions of Approval. The commission and the applicant further discussed how the alcoholic beverages would be served at this location. In addition, the commission and the applicant discussed service calls to the location due to alcohol consumption and cooperation from the applicant to minimize those calls. Additionally, the commission and the applicant discussed hours of operation, as it pertains to a family restaurant.

There were no public communications for this item.

The Public Hearing was closed.

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RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2022-007; and,

1. Determine that the project is Categorial Exempt pursuant to Section No. 15301 (Existing Facilities) of the California Environmental Quality Act and Section No. 3.22 of the 2019 Local Guidelines for implementing the California Environmental Quality Act (CEQA); and,

2. Approve Conditional Use Permit No. 22-001, a request for the sale of beer and wine to be consumed on-site for a restaurant.

ACTION: Motion was made by Commissioner Gordon, seconded by Commissioner Thrasher, and passed unanimously by a vote of 5-0 to adopt the Resolution presented. The motion carried by the following vote:

The motion carried by the following vote:

Aye: Chair Fort, Vice Chair Sangha, Secretary Sanchez, and Commissioners Gordon and Thrasher
PH-C Master Case No. 21-084, Tentative Parcel Map No. 20447 (TPM No. 21-017), and Design Review No. 21-030 - a proposal for site and architectural review to construct an approximately 137,000 square foot industrial commerce center building on approximately 6.6 gross acres.

Chair Fort opened the Public Hearing Item.

Jon Dille, Associate Planner presented the staff report.

The commission and staff discussed night renderings for the project.

The applicant, DJ Arellano, stated that he had read and agreed to the Conditions of Approval. He thanked Associate Planner Jon Dille for working with them on this project.

The following individual spoke in opposition:

Elizabeth Sena
The following individual spoke in favor:

Ralph Velador
The Public Hearing was closed.

The commission and staff discussed wall size, additional air pollution, trips per day, as it DocuSign Envelope ID: 669507E9-4755-416C-AE58-617287A33A88 269
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pertains to traffic, project notification to residents within 660 feet from the project site, and the community benefit agreement.

Commissioner Gordon stated that he had a conversation with a member of the public, who is employed at one of the warehouses, and that this person gave him positive feedback, as it pertains to employment and other benefits of working locally.

Secretary Sanchez commented that he supports local jobs.

The commission and staff further commented on the notification for the project and the project findings.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2022- 008: and,

1. Adopt the Addendum and Mitigation, Monitoring, and Reporting Program, (MMRP) to the SWIP PEIR (SCH NO. 2009091089) and direct staff to file a Notice of Determination;

2. Approve Tentative Parcel Map No. 20447 (TPM No. 21-017) and Approve Design Review No. 21-030.

ACTION: Motion was made by Secretary Sanchez, seconded by Vice Chair Sangha, and passed unanimously by a vote of 5-0 to adopt the Resolution presented. The motion carried by the following vote:

The motion carried by the following vote:

Aye: Chair Fort, Vice Chair Sangha, Secretary Sanchez, and Commissioners Gordon and Thrasher
PH-D Master Case No. 20-082: Specific Plan Amendment No. 21-003 - Comprehensive update to Southwest Industrial Park Specific Plan (SWIP) Specific Plan; and change of land use designation of certain properties within the SWIP from their current designation of Jurupa North Research and Development District (JND) to Slover West Industrial District (SWD) generally located south of Santa Ana Avenue, between Mulberry Avenue and Cherry Avenue, and north of Kaiser High School.

Chair Fort opened the Public Hearing Item.

Rina Leung, Senior Planner presented the staff report.

The commission and staff discussed caretaker housing, overall SWIP boundaries and DocuSign Envelope ID: 669507E9-4755-416C-AE58-617287A33A88 270
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changes withing the districts, and truck docks off of Jurupa Avenue.

In addition, the commission and staff discussed industrial permitted uses within SWIP and pitched roofs over the pumped canopies.

The following individual spoke in opposition:

Elizabeth Sena
Janet Bernabe
The Public Hearing was closed.

The commission and staff discussed when SWIP was originally adopted and the intention behind the SWIP updated.

The commission and staff discussed the continuation of this item from the February Planning Commission meeting.

The commission further clarified that this update is to ensure that the changes are codified within the city’s code.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2022-009; and forward a recommendation to the City Council to;

1. Determine that the project has been reviewed under a previous certified Southwest Industrial Park Specific Plan Program Environmental Impact Report (SWIP PEIR) (State Clearinghouse [SCH] No. 2009091089), pursuant to Sections 15162 through 15164, and Section 15183 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA and direct staff to file the Notice of Determination; and,

2. Approve Specific Plan Amendment (AMD) No. 21-003 to amend the Southwest Industrial Park Specific Plan (SWIP) Specific Plan as shown in Attachment No. 1 (Planning Commission Resolution) as referenced herein.

ACTION: Motion was made by Commissioner Gordon, seconded by Commissioner Thrasher, and passed unanimously by a vote of 5-0 to adopt the Resolution presented. The motion carried by the following vote:

The motion carried by the following vote:

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Aye: Chair Fort, Vice Chair Sangha, Secretary Sanchez, and Commissioners Gordon and Thrasher
UNFINISHED BUSINESS:

A. None
DIRECTOR COMMUNICATIONS:

A. Director Communications:

No communications were received.

COMMISSION COMMENTS:

A. Public Communication Remarks:

Commissioner Gordon thanked everyone who spoke at tonight’s meeting, and he also thanked the commissioners for the conversations that took place at the meeting. In addition, he thanked the staff and wished everyone a good evening.

Secretary Sanchez commented on understanding why the residents may be confused regarding some of the information for certain projects, and he stated that he understands and appreciates them attending the meetings and sharing their comments with the commission, as this creates a check and balances; and he encourages all residents to come out and voice their concerns. He thanked, Deputy City Manager Phil Burum for clarifying the intent behind the SWIP updated. He also spoke to the improvements that have occurred to the South Area of Fontana over the years. He also mentioned that his daughter is getting married on Memorial Day Weekend and wished everyone a good night.

Vice Chair Sangha thanked the staff and the Information Technology staff for assisting in tonight’s meeting. He stated that that he is excited about all the great projects that are coming into the city. He also stated that the update to SWIP was needed, as that area is a necessity to the city, and he understands that the information can be confusing at times, especially within the districts. He understands the importance to the language update to ensure that the commission and the public better understand what the allowed uses are within the SWIP designations. He thanked everyone for the opportunity to serve and thanked everyone for watching from home and wished everyone a good night.

Chair Fort thanked Vice Chair Sangha for covering the beginning of the meeting, as she was stuck in traffic. She also stated that she concurs with what her follow commissioners have already stated.

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WORKSHOP:

A. None
ADJOURNMENT:

By consensus, the meeting adjourned at 7:12 p.m. to a Joint City Council and Planning Commission Workshop on Tuesday, March 22, 2022 at 5:00 p.m. in the Grover W. Taylor Council Chambers, then to the next Regular Planning Commission Meeting on Tuesday, April 5, 2022 at 6:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_______________________
Maria Torres
Administrative Secretary

THE FOREGOING MINUTES WERE APPROVED BY THE PLANNING COMMISSION ON THE 5TH DAY OF APRIL 2022.
_______________________
Cathline Fort
Chairperson
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ATTACHMENT NO. 4

NOTICE OF DETERMINATION
TO: X County Clerk, County of FROM: City of Fontana
San Bernardino Planning Department
8353 Sierra Avenue
Office of Planning and Research Fontana, CA 92335
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code.

Project Title: Specific Plan Amendment No. 21-003 - Southwest Industrial Park Specific Plan (SWIP) Amendment
State Clearinghouse Number: Southwest Industrial Park Specific Plan (SWIP) Program Environmental Impact Report (State Clearinghouse No. 2009091089) Project Applicant: City of Fontana, 8353 Sierra Avenue, Fontana CA 92335 Project Location: The proposed project site for the Specific Plan Amendment is located within the existing SWIP Specific Plan area. The existing SWIP project area is an irregularly-shaped area and is generally located south of the Interstate 10 (I-10) freeway. Although the majority of the existing SWIP project area is located south of I-10 (between Etiwanda Avenue and beyond Juniper Avenue, north of Philadelphia Avenue on the west and north of Jurupa Avenue to the east), two (2) smaller irregularly-shaped areas in the existing SWIP are located north of the freeway and are generally situated south of San Bernardino Avenue between Banana Avenue and Beech Avenue.

Project Description: Amend SWIP Specific Plan for a comprehensive update to the land use tables and revisions to the following: landscaping standards, registered vehicle storage and cross dock requirements, definition of cross docks, industrial repair, monument sign concept,
setback/building placement, fencing requirements, and single-family nonconforming rebuild percentages to provide additional clarity. The Specific Plan Amendment also includes the change of land use designation of some properties within the Southwest Industrial Park (SWIP) Specific Plan to be redesignated from their current designation of Jurupa North Research and Development District (JND) to Slover West Industrial District (SWD) generally located south of Santa Ana Avenue, between Mulberry Avenue and Cherry Avenue, and north of Kaiser High School.

This is to advise that the City of Fontana approved the above described project on July __, 2022 and has made the following determinations:

1. The project ____ will X will not have a significant effect on the environment. 279
ATTACHMENT NO. 4

2. ____ An Environmental Impact Report was prepared and certified for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency.

A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency.

X Based on Sections 15162 through 15164 et seq, Section 15183, and Section

8.10 of the City of Fontana’s 2019 Local CEQA Guidelines, staff has determined that the previously certified Final Environmental Impact Report (State Clearinghouse No. 2009091089), has adequately identified the impacts associated with of the California Environmental Quality Act (CEQA) Guidelines and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA. The EIR was adopted by City Council on June 12, 2012 and anticipated the proposed project and adequately identified any potential impacts associated with this project; therefore, a Notice of Determination has been prepared.

3. Mitigation measures X were were not made a condition of the approval of the project.

4. A Statement of Overriding Considerations ___ was X was not adopted for this project.

5. Findings X were were not made pursuant to the provisions of CEQA.

6. The location and custodian of the documents which comprise the record of proceedings for the Final Environmental Impact Report are specified as follows:

Custodian: City of Fontana, Planning Department
Location: 8353 Sierra Avenue, Fontana, CA 92335

DiTanyon Johnson
Principal Planner
___________________
Date Received for Filing
280
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1504 Agenda Date: 7/12/2022
Agenda #: B. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 - Update to the Fontana Municipal Code for amendments to Chapter 26 Subdivisions and Chapter 30 Zoning and Development Code RECOMMENDATION:

Alternative 1: (a) Determine that the project is Categorically Exempt pursuant to Section No. 15061 (B)(3) (the “common sense” exemption), Section 15303 (Class No. 3, Small Structures) of the California Environmental Quality Act and Section No. 3-22 (Categorical Exemptions) of the 2019 Local Guidelines for implementing the CEQA, and direct staff to file a Notice of Exemption; and (b) Read by title only and waive further reading of and introduce Ordinance No. 1897, an Ordinance of the City Council of the City of Fontana with the recommendation of approval by Planning Commission, approving Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 - Update to the Fontana Municipal Code for amendments to Chapter 26 Subdivisions and Chapter 30 Zoning and Development Code with Planning Commission modifications, and the reading of the title constitutes the first thereof;
Alternative 2: (a) Determine that the project is Categorically Exempt pursuant to Section No. 15061 (B)(3) (the “common sense” exemption), Section 15303 (Class No. 3, Small Structures) of the California Environmental Quality Act and Section No. 3-22 (Categorical Exemptions) of the 2019 Local Guidelines for implementing the CEQA, and direct staff to file a Notice of Exemption; and (b) Read by title only and waive further reading of and introduce Ordinance No. 1898, an Ordinance of the City Council of the City of Fontana that includes the original standards presented to Planning Commission approving Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 - Update to the Fontana Municipal Code for amendments to Chapter 26 Subdivisions and Chapter 30 Zoning and Development Code without the Planning Commission modifications, and the reading of the title constitutes the first thereof; or
Alternative 3: Continue the item and provide staff with an alternative direction on the proposed City of Fontana Page 1 of 4 Printed on 7/7/2022
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standards.

COUNCIL GOALS:
· To promote economic development by pursuing business retention, expansion and attraction. · To promote economic development by establishing a quick, consistent development process.

DISCUSSION:

The city initiated the proposed Municipal Code Amendments (Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005) to update Chapters 26 and 30 of the Municipal Code to revise standards, eliminate inconsistencies, and include additional provisions for finance and conveyance maps, density/replacement units to address Senate Bill 330, and sign programs. The proposed amendments are proposed in order to provide flexibility, clarity, and streamlining of the City’s Municipal Code.

Based on the Planning Commission recommendation, an “Alternative 1” motion is identified, and an ordinance has been attached, that includes the Planning Commission’s recommended changes to the original staff-proposed amendments. A separate “Alternative 2” motion and accompanying ordinance has been included to reflect the original proposed amendments to Chapter 26 and Chapter 30 without the Planning Commissions changes. Lastly, a third recommendation is included should the City Council wish to continue the item and provide staff with alternative direction.

The following is a brief summary of the proposed amendments along with a description of the Planning Commission revisions, where applicable. A detailed list of the proposed amendments is provided in the Ordinances (Attachments No. 1 and 2).

1. Revise Chapter 26 and Chapter 30 to Include Provisions for Finance and Conveyance Maps:

This amendment includes a text change to include a provision for finance and conveyance maps. Finance and conveyance maps would allow property owners to sell property individually without having to meet the requirements for lot dimensions and sizes; these lots could not be used for site development purposes.

2. Revise Chapter 30, Article VI, Division 3 Permit Truck and Trailer Sales in the General Commercial (C-2) zone: Truck and trailer sales were conditionally permitted within the C-2 zone under the former Zoning and Development Code prior to the adoption and implementation of the Fontana General Plan update. This proposed code update allows truck and trailer sales in the General Commercial (C-2) zoning district with approval of a Conditional Use Permit (CUP) application. Special use regulations are included to offset and reduce any potential impacts associated with the land use. Truck and trailer sales would only be permitted in this zoning district with direct street access to Valley Boulevard.

3. Revise Chapter 30, Article V, Division 4 Reduced Setbacks for Detached Patios: Currently the City requires a minimum 10’ rear setback and minimum 5’ side setback for patios including detached, attached, and enclosed patios in the Single-Family (R-1) zone. This proposed amendment includes a provision for detached, single story, patios of 200 square feet or less, similar to that allowed for sheds that are 200 square feet or less, to be a minimum of 3’ from City of Fontana Page 2 of 4 Printed on 7/7/2022
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the rear and side property lines.

4. Revise Chapter 30, Article II, Divisions 10-13 and 15 Eliminate Inconsistencies: This code update modifies the language throughout the zoning and development code to eliminate inconsistencies regarding time extensions request for projects. Due to time sensitivity of many projects, this two-year time extension request provision would allow applicants to work directly with City staff to have their project completed in a timely manner.

Additionally, this update establishes the “Director” position and replaces “Community Development Director” as mentioned throughout the Zoning and Development code. The “Director” shall be defined as the Director of Planning of the City.

Further, the Director’s Determination application states “No application shall be considered by the Planning Commission until the application is determined to be completed and all required fees have been paid to the City. This update refines the language and replaces “Planning Commission” with “Director” to eliminate the existing inaccurate reference to the approving body.

5. Add Article XV to Chapter 30 Include a Provision for No Net Loss: The proposed Municipal Code Amendment would establish “No Net Loss” provisions to provide that, concurrent with the approval of any change in zone from a residential use to a less intensive or non-residential use, replacement units in the form of a density bonus will become available to project applicants subsequently seeking to develop property for residential use within the City. In doing so, the proposed changes will ensure that there is no net loss of residential capacity within the City, as required by Senate Bill 330. The Municipal Code Amendment would create a No Net Loss/Density Bonus Program available to developers of residential housing dwelling units within residentially zoned districts, subject to certain limits.

6. Revision to Chapter 30 Section 30-492 Revise Distance requirements for Smoke and Vape Shops: This update would reduce the minimum distance requirement of a proposed smoke and vape shop to a school, park, religious institution, hospital, youth facility, or other sensitive land use from 1,500 to 600 feet, thus making the separation requirements consistent with those of alcoholic beverage sales.

7. Addition of Section 30-731.1 to Include a Provision for Sign Programs: The update includes provisions for sign programs for larger sites (six acres or more) for commercial and mixed use designated properties with frontage on Baseline Avenue, Foothill Boulevard, Sierra Avenue, or Valley Boulevard.

PLANNING COMMISSION HEARINGS:

The Planning Commission reviewed the Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 during the May 17, 2022, and June 21, 2022 public hearings. The following is a summary of these hearings:

May 17, 2022 Planning Commission Hearing on Master Case No. 22-049 and Municipal Code Amendment No. 22-004: The Planning Commission reviewed items numbers 1-5 in the list above at the May 17, 2022 hearing as it relates to a request to amend Chapter 26 the to include a provision for finance conveyance maps and also revisions to Chapter 30 to permit truck and trailer sales in the City of Fontana Page 3 of 4 Printed on 7/7/2022
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File #: 21-1504 Agenda Date: 7/12/2022
Agenda #: B. Category: Public Hearing
finance conveyance maps and also revisions to Chapter 30 to permit truck and trailer sales in the General Commercial (C-2) zone, reduced setbacks for residential detached patios, include a provision for No Net Loss to address Senate Bill 330, and Eliminate Inconsistencies throughout.

During this hearing the Planning Commission approved Resolution PC No. 2022-015 to recommend approval to City Council of Master Case No. 22-049 and Municipal Code Amendment No. 22-004 without the amendment to reduce setbacks for detached residential patios. Staff provided the Planning Commission with written correspondence from the Center for Community Action and Environmental Justice prior to hearing that expressed concerns for this item (Attachment No. 4).

June 21, 2022 Planning Commission Hearing on Master Case No. 22-071 and Municipal Code Amendment No. 22-005: The Planning Commission reviewed items numbers 6 and 7 in the list above at the June 21, 2022 hearing as it relates to a request to amend Chapter 30 to revise distance requirements for smoke and vape shops and to include a provision for sign programs for larger commercial centers. During this meeting there was discussion among the Planning Commission about a concern as it relates to reducing the minimum distance requirement of a proposed smoke and vape shop to a school, park, religious institution, hospital, youth facility, or other sensitive land use from 1,500 to 600 feet. At the conclusion of the hearing, the Planning Commission adopted Resolution PC No. 2022-024 to not recommend approval of Master Case No. 22-071 and Municipal Code Amendment No. 22-005.

SUMMARY:

In the previous section above, staff recommended that the City Council select one of the three options, which are detailed below:

1. Option 1: Adopt an Ordinance (Attachment No. 1) that includes Planning Commission recommended modifications/deletions.

2. Option 2: Adopt an Ordinance (Attachment No. 2) that includes the original proposed amendments without Planning Commission modifications/deletions.

3. Option 3: Continue the item and provide staff with an alternative direction on the proposed standards.

FISCAL IMPACT:

None
MOTION:

Approve staff recommendation
City of Fontana Page 4 of 4 Printed on 7/7/2022
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Ordinance No. ___
ATTACHMENT NO. 1
ORDINANCE NO. 1897

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING MASTER CASE NO. 22-049, MASTER CASE NO. 22-071, MUNICIPAL CODE AMENDMENT NO. 22-004, AND MUNICIPAL CODE AMENDMENT NO. 22-005 AMENDING CHAPTERS 26 AND 30 OF THE FONTANA MUNICIPAL CODE FOR UPDATES TO CHAPTER 26

INCLUDING THE ADDITION OF PROVISIONS PERTAINING TO
FINANCE AND CONVEYANCE MAPS, AMENDMENTS TO CHAPTER 30

ALLOWING FOR TRUCK SALES WITHIN THE GENERAL

COMMERCIAL ZONING DISTRICT ALONG VALLEY BOULEVARD

WITH A CONDITIONAL USE PERMIT, EXTENDING THE LENGTH OF

TIME FOR TIME EXTENSIONS FOR ENTITLEMENT PROJECTS FROM

ONE TO TWO YEARS, AND ADDING ADDITIONAL LANGUAGE TO

PROVIDE FOR REPLACEMENT UNITS TO ADDRESS SENATE BILL
(SB) 330

THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. City staff initiated Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 – Update to the Fontana Municipal Code for amendments to Chapter 26 Subdivisions and Chapter 30 Zoning and Development Code.

Section 2. On May 17, 2022, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto on Master Case No. 22-049 and Municipal Code Amendment No. 22-004 as it relates to a request to amend Chapter 26 the to include a provision for finance conveyance maps and also revisions to Chapter 30 to permit truck and trailer sales in the General Commercial (C-2) zone, reduced setbacks for detached patios, include a provision for No Net Loss to address Senate Bill 330, and Eliminate Inconsistencies throughout. During this hearing, the Planning Commission approved Resolution PC No. 2022-015 to recommend approval to City Council of Master Case No. 22-049 and Municipal Code Amendment No. 22-004, subject to removing amendments to reduce setbacks for detached residential patios, which has been incorporated into this Ordinance.

Section 3. On June 21, 2022, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto on Master Case No. 22-071 and Municipal Code Amendment No. 22-005 as it relates to a request to amend Chapter 30 to revise distance requirements for smoke and vape shops and to include a provision for sign programs for larger commercial centers. At the conclusion of the hearing, the Planning Commission declined to recommend approval to the City Council of Master Case No. 22-071 and 285
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Municipal Code Amendment No. 22-005. This Ordinance incorporates the recommendations of the Planning Commission.

Section 4. On July 12, 2022, the City Council held a duly noticed public hearing on Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005, received testimony, and the supporting documents in evidence, the City Council found that the Municipal Code Amendment is in conformance with the goals and policies of the General Plan to provide a community that is balanced between residential, commercial, and industrial that is developed to high standards and provides diverse economic and social opportunities for our citizens and those who wish to invest here.

Section 5. The City of Fontana City Council hereby makes the following findings for Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

Finding: A Zoning and Development Code may be amended by changing the development standards (text) or zoning designation map boundaries of any zone whenever such an amendment is
deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: The city initiated the proposed Municipal Code Amendments (Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22- 005) to update Chapters 26 and 30 of the Municipal Code to revise standards, eliminate inconsistencies, and include provisions for finance and conveyance maps, density/replacement units to address Senate Bill 330, and sign programs. The proposed amendments are proposed in order to provide flexibility and streamlining of the City’s Municipal Code. Therefore, the amendment would provide clarity and will improve implementation of the Municipal Code which will be beneficial to the community to promote public welfare and furthers good planning principals.

Section 6. Revise Table No. 30-22 in Article II of Chapter 30 of the Zoning and Development Code, as follows:
a. Modification to ARTICLE II – ADMINISTRATIVE PROCEDURES; DIVISION 4. – HEARING BODIES AND NOTIFICATION
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TABLE No. 30-22
Reviewing Bodies Appeal
Body
Project Type DAB DP PR PC CC P
C
C
C
Administrative Site Plan, Amendment X X X
Administrative Site Plan, Major X X X
Administrative Site Plan, Minor X X X
Administrative Site Plan, Modification X X X
Area Plan X Xa X
Certificate of Appropriateness X
Conditional Use Permit X X X
Conditional Use Permit Amendment X X X
Conditional Use Permit Modification X X X
Density Bonus X Xa X
Design Review X X X
Design Review, Amendment X X X
Design Review, Modification X X X
Design Review, Signs X X
Director’s Determination X X
Development Agreements Xa X
Development Agreements, Amendment Xa X
General Plan Amendments X Xa X
Home Occupation Permit X X
Lot Line Adjustment X X
Minor Use Permit X X X
Minor Use Permit, Amendment X X X
Minor Use Permit, Modification X X X
Parcel Maps, Tentative X X X
Finance and Conveyance Maps X X
Parcel Maps, Final X X
Park Review X Xb X X
Specific Plan, Amendment X Xa X
Temporary Use X X
Tract Maps, Tentative X X X
Tract Maps, Final X
Variances X X X
Variances, Administrative X X X
Time Extension, Parcel Map X X
Time Extension, Tract Map X X
Time Extension, Projects X X X
Development Code and Zoning District
Map, Amendment X Xa X
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Section 7. Modifications to ARTICLE II – ADMINISTRATIVE PROCEDURES, DIVISION 21.-MAPPING: TENTATIVE PARCEL MAP, TENTATIVE TRACT MAP, AND LOT LINE ADJUSTMENT in Chapter 30 of the Zoning and Development Code, as follows:

DIVISION 21. - MAPPING: TENTATIVE PARCEL MAP, TENTATIVE TRACT MAP,

AND LOT LINE ADJUSTMENT AND FINANCE AND CONVEYENCE MAPS Subdivision V. - Finance and Conveyance Maps
Sec. 30-302.2 – Finance and Conveyance Maps
(a) Purpose. The purpose and intent is to provide procedures for the implementation of Government Codes relative to Finance and Conveyance Maps. Specific procedures as outlined in Division 21 of this article and Chapter 26; the administrative procedures are herein.
(b) Authority. The Director of Planning is authorized to approve or deny finance and conveyance map applications.
(c) Application. An application for a finance and conveyance map shall be filed with the Planning Department in a manner prescribed by the Director of Planning. (d) Development Advisory Board (DAB) review. All application for a Finance and Conveyance Map shall be reviewed by the Development Advisory Board (DAB) to provide recommendation for the project. The recommendation should be incorporated into the project prior to moving forward to the approval body. (e) Findings for approval. The Director of Planning shall make the findings identified in Chapter 26 before granting approval of a finance and conveyance map application. (f) Noticing. Notice of hearings for Finance and Conveyance Maps shall be as set forth in Division 4, of this article herein.
(g) Hearing. Upon receipt of a complete application for the project a time and place for the hearing before the Director of Planning shall be set. (h) Appeal. The decision of the Director of Planning shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.
(i) Time limitations. Each finance and conveyance map approval granted under this article shall become null and void pursuant to the time limitation identified in Chapter

26. Section 8. Add article 5 to Chapter 26 Subdivision and renumber existing articles, 288
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as follows:

ARTICLE 5: FINANCE AND CONVEYANCE MAPS
26-256 General
This article shall govern the filing and processing of tentative maps for finance and/or conveyance purposes. Applications for finance and/or conveyance maps may only be accepted under one of the following criteria:
(a) The site to be subdivided by the map is already developed, and the proposed map will not create legal building sites upon which new development may occur; or
(b) A future map for development purposes must be processed in order for any development on the site the property to occur, and this fact is clearly stated on the face of the map; or
(c) The zoning for the property covered by the map does not permit any development.
26-257 Filing Form
Financing and conveyance maps (collectively referred to as “financing maps”) are filed with the Planning Department as specified in Section 30-305. (a) Application. Each land divider shall file with the planning department a parcel map application in form, format and content and with the requisite number of parcel maps in accordance with the planning commission adopted submittal requirements established pursuant to section 30-305.
(b) Filing fees. At the time of filing of the parcel map, the land divider shall pay to the city a filing fee in an amount to be fixed by resolution of the city council. (c) Form. Every parcel map filed with the planning department shall adhere to the requirements specified in the parcel map application in effect at the time of submittal.
26-258 Submittal Requirements
The form, content and supplementary information that must accompany a financing and conveyance map application shall conform to the requirements for tentative maps set forth in Section 26-217 except as hereafter provided.
(a) Notwithstanding the requirements set forth in Section 26-217, the Director of Planning or designee may waive the following requirements in writing if requested in advance by the applicant:
(1) internal streets and access ways within the boundary of the map (with concurrence of the City Engineer);
(2) dimensions and location of sidewalks and common areas; (3) soils and geology report;
(4) energy conservation statement;
(5) regional housing needs statement; and/or
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(6) other submittal requirements set forth in Chapter 26, Subdivisions, or the Subdivision Map Act, provided, the City Engineer determines in advance, in his/her professional judgment, that the proposed map continues to comply with the spirit and intent of the Subdivision Map Act, and Chapter 26.
(b) The following statement must be clearly printed on the face of the proposed financing map: “FOR FINANCE AND CONVEYANCE PURPOSES ONLY.” (c) If a future map is required for any development, the face of the map must include the following additional statement: “THIS MAP DOES NOT CREATE A LEGAL BUILDING SITE. FURTHER APPLICATIONS ARE NECESSARY TO DEVELOP THIS PROPERTY.”
26-259 Review Procedure
(a) Criteria. The Director of Planning shall base their decision to approve, conditionally approve, or disapprove the proposed financing map on the information required under this article, and any additional information reasonably necessary to determine that the property covered by the map can be feasibly developed under the existing zoning and general plan designations for the site. At a minimum, the Director of Planning should examine the following:
(1) Does the parcel (or parcels) of land have access from a public road, or is access both feasible and required by a condition of approval for the proposed map?
(2) Do the parcel lines conflict with any public easements? (3) Are there any physical constraints or other issues which may affect the feasibility of future development on the site (e.g. vehicular access, utility service extensions)? If necessary in order to adequately evaluate the map, additional technical studies (e.g. access study) should be required prior to finding the application complete.
(4) Does the map provide sufficient information on future uses and feasibility of future uses to ensure consistency with the general plan and zoning designations for the site?
(5) Is the site suitable for the future permitted or proposed uses? (6) Does the map provide sufficient information on the subdivision design and future improvements to evaluate its potential impact on the environment in compliance with the California Environmental Quality Act?
(7) Does the map provide sufficient information to evaluate and ensure that the subdivision design will not cause future conflicts with public easements?
(8) Is there sufficient information on the subdivision design and future improvements to enable the City to determine whether the map complies with applicable water quality standards?
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(b) Findings. The Director of Planning must make the following findings to approve financing and conveyance maps.
(1) That the proposed map is consistent with applicable general plan, specific plans and the municipal code.
(2) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
(3) That the site is physically suitable for the type of development. (4) That the site is physically suitable for the proposed density of development.
(5) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. (6) That the design of the subdivision or type of improvements is not likely to cause serious public health problems.
(7) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. (c) Mandatory Conditions of Approval. In addition to the standard subdivision conditions of approval applied to all maps for development purposes, the following conditions of approval shall apply to all financing maps:
(1) Any submittal requirements which were waived in connection with the financing map in accordance with the definition listed below shall be submitted concurrently with the first discretionary application for development of the site covered by the map (i.e. with an application for a future map, a conditional use permit, or specific plan). (2) This map is approved for financing and land conveyance purposes only. No applications for building or grading permits shall be accepted for the parcel or parcels created by this map until a future map/conditional use permit/specific plan/or other entitlement for development has been approved by the City.
a. Renumber Articles:

ARTICLE VVI. - STORM DRAINAGE BENEFIT AREA FEES
ARTICLE VII. - REVERSION TO ACREAGE AND COMBINING PARCELS 291
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Section 9. Revise Table 30-489 and add 17 to Section 30-492 of Chapter 30 of the Zoning and Development Code, Article VI, Division 3, as follows:

Table No. 30-489
Allowed Uses within Commercial Zoning Districts
Use C-1 C-2 RMU
Retail Sales
Adult Businesses P* P* —
Antique Shop P P P
Automobile Sales Agency with or without Incidental Repair and Sales Display Area — C C
Automobile Supply Store (no machine shop) P P P
Bakery Goods Store P P P
Bar, Cocktail Lounge C C C
Bicycle Shop P P P
Boat Sales with Incidental Repair and Sales Display Area — C C Book Store P P P
Building Materials, Retail Sale of (if contained within a completely enclosed building) — P P
Building Materials with Outdoor Storage — P* P*
Blueprinting Establishment — P P
Caterer P P P
Clothing Store P P P
Computer Store P P P
Convenience Store P P P
Cyber Cafés C C C
Department Store — P P
Discount Store P P P
Drugstore P P P
Electrical Supply Store P P P
Feed Store C M —
Florist Shop P P P
Furniture Store P P P
Garden Furniture and Supplies Store P* P* P*
Glass or Mirror Store P P P
Grocery, Fruit, Vegetable, Meat, Fish, Poultry, or
Delicatessen Store, P P C
Hardware Store P* P* P*
Hobby Supplies Store P P P
Home Furnishing Store P P P
Household Appliance Store P P P
Ice Cream Store P P P
Ice Storage Locker (if not more than five-ton capacity) P P P Interior Decorating Shop P P P
Jewelry and Coin Store P P P
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Liquor Store C C C
Micro-Brewery — C C
Newsstand P P P
Novelties Store P P P
Nursery, Plant (includes statuary sales) P* P* P*
Paint and Wallpaper Shop P P P
Pawn Shop — C C
Pet Boarding — M —
Pet Shop P P P
Plumbing Supply Store — P P
Radio, Television, and Small Electrical Appliance Shop
(including repair when incidental to retail sales) P P P Restaurant and Café, Excluding Those Having Dancing
and/or Floorshows. Alcoholic Beverages are not Permitted. P* P* P* Restaurant and Café with Entertainment and/or Dancing.

Alcoholic Beverages Permitted. C* C* C*
Restaurant and Café Without Entertainment and/or Dancing.

Alcoholic Beverages Permitted. (See Section No. 30-492
For Alcoholic Beverage Sales)
C C C
Restaurant, Drive-Thru and Take Out P* P* P*
Secondhand Store — P P
Shoe Store P P P
Smoke/Tobacco Shop and Vape Shop C C C
Sporting Goods Store P P P
Swap Meet (Indoor/outdoor) — — —
Tattoo Establishments P* P* P*
Trailer and Mobile Home Sales and Rental — P* C
Truck and Trailer Sales
(Valley Boulevard only) — C* —
Wholesale Auto Sales (requires one stall) C C —
Warehousing Sales, Retail C P* P*
Warehousing Sales, Wholesale — C P*

17. Truck and Trailer Sales
a. Truck and trailer sales and associated accessory repair shall only be located fronting Valley Boulevard within the General Commercial (C2) zoning district. b. The use must be on a stand-alone parcel with a building on the same parcel associated with the business.
c. All display of truck or truck and trailer shall be set back behind landscaped areas and shall not be located on required parking areas. 293
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d. The entire area used for display purposes shall be surfaced with asphalt or an equally serviceable hard pavement surface. The surface shall be maintained in good condition.
e. Outdoor display areas shall be maintained in a neat and orderly condition.
f. All parts, accessories, etc. shall be stored within a fully enclosed structure.
g. No amplified speaker systems shall be used outside.
h. All on-site lighting shall be stationary and directed away from adjoining properties and public rights-of-way.
i. Only ancillary repair shall occur within a fully enclosed structure.

Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way or freeway. j. Off-street parking requirements shall adequately accommodate all on-site uses including showroom, office, parts and service areas, as well as employee and customer parking.

Section 10. Revise Chapter 30 of the Zoning and Development Code, Article II, Divisions 10-13 and 16 as follows:

Section No. 30-85 - Time Limitations
Each Administrative Site Plan approval granted under this Section shall become null and void two (2) years after the date of approval; unless:

1. The appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within this period.

2. A one time (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations.

A one-time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations.

Section No. 30-95 - Time limitations.

Each Administrative Site Plan, Minor approval granted under this Section shall become null and void two (2) years after the date of approval; unless:

2. A one time (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations.

A one-time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations.

Section No. 30-105 - Time limitations.

Each Administrative Site Plan Amendment approval granted under this Section shall become null and void two (2) years from the date of original approval; unless:

2. A one time (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations.

A one-time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations.

Section No. 30-115 - Time limitations.

Each Administrative Site Plan, Modification approval granted under this Section shall become null and void two (2) years after the date of approval; unless:

2. A one time (2) year extension may be granted by the director of Planning provided there are no changes to the originally approved site plan and elevations.

A one-time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations.

Section No. 30-124 - Time limitations.

Each Design Review approval granted under this Article shall become null and void two (2) years after the date of approval, unless:

1. The appropriate permits have been obtained and construction, defined permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within the two (2) years period.
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2. A vesting tentative tract or parcel map is approved concurrently with the Design Review item. In such cases, the Design Review approval period shall be valid pursuant to the time limits prescribed by Division No. 11, of this Article herein.

3. Any valid Design Review in effect at the date of adoption of this Section shall remain valid for a period of two (2) years from the date of that design review approval. A one (1) time two (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.

Any valid Design Review in effect at the date of adoption of this Section shall remain valid for a period of two (2) years from the date of that design review approval. A one (1) time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.

Section No. 30-133 - Time limitations.

Each Design Review, Amendment approval granted under this Article shall become null and void two (2) years from the date of original approval, unless:

2. A vesting tentative tract or parcel map is approved concurrently with the design review item. In such cases, the design review approval period shall be valid pursuant to the time limits prescribed by Division No. 11.

3. Any valid Design Review, Amendment in effect at the date of adoption of this Section shall remain valid for a period of two (2) years from the date of that design review approval. A one (1) time two (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.

Any valid Design Review, Amendment in effect at the date of adoption of this Section shall remain valid for a period of two (2) years from the date of that design review approval. A one (1) time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.
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Section No. 30-144 - Time Limitations.

Each Design Review, Modification approval granted under this Article shall become null and void two (2) years from the date of approval, unless:

2. A vesting tentative tract or parcel map is approved concurrently with the Design Review item. In such cases, the design review approval period shall be valid pursuant to the time limits prescribed by Division No. 11.

3. Any valid Design Review, Modification in effect at the date of adoption of this Section shall remain valid for a period of two (2) years from the date of that design review approval. A one (1) time two (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.

Any valid Design Review, Modification in effect at the date of adoption of this Section shall remain valid for a period of two (2) years from the date of that design review approval. A one (1) time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.

Section No. 30-154 - Time limitations.

Any Conditional Use Permit granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two (2) years months after the effective date of the approval. No permittee shall obtain any right solely by reason of such conditional use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced.

Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

1. For a Conditional Use Permit for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the Conditional Use Permit has commenced within such time period.

2. In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the conditional use permit item, the final map has been recorded within such time period.

3. In addition, for a Conditional Use Permit for which a building permit is required to comply with any condition of the conditional use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and 297
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successful completion of the first Building and Safety Division inspection) has commenced within such time period.

An extension of up to one (1) year beyond the initial time period provided in subparagraph (a) may be granted by the Director of Community Development upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Division for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Community Development's decision shall be made to the Planning Commission as set forth in Division No. 5, of this Article herein.

Section No. 30- 164 - Time Limitations.

Any Conditional Use Permit Amendment granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two (2) years months after the effective date of the approval.

No permittee shall obtain any right solely by reason of such conditional use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

1. For a Conditional Use Permit Amendment for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the Conditional Use Permit Amendment has commenced within such time period.

2. In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the Conditional Use Permit Amendment item, the final map has been recorded within such time period.

3. In addition, for a Conditional Use Permit Amendment for which a building permit is required to comply with any condition of the conditional use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building onsite, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

4. An extension of up to two (2) years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a 298
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showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Department for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Planning's decision shall be made to the Planning Commission as set forth in Division No. 5, of this Article herein.

Section No. 30- 173 - Time Limitations.

Any Conditional Use Permit Modification granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two (2) years months after the effective date of the approval.

No permittee shall obtain any right solely by reason of such Conditional Use Permit Modification issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

1. For a Conditional Use Permit Modification for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the conditional use permit has commenced within such time period.

3. In addition, for a Conditional Use Permit Modification for which a building permit is required to comply with any condition of the conditional use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building onsite, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

4. An extension of up to two (2) years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Department for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Planning's decision shall be made to the Planning Commission as set forth in Division No. 5, of this Article herein.
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An extension of up to one (1) year beyond the initial time period provided in subparagraph (a) may be granted by the Director of Community Development upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Division for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Community Development's decision shall be made to the Planning Commission as set forth in Division No. 5, of this Article herein.

Section No. 30-182 - Time Limitations
Any Minor Use Permit granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two (2) years after the effective date of the approval. No permittee shall obtain any right solely by reason of such minor use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

1. For a Minor Use Permit for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the Minor Use Permit has commenced within such time period.

2. In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the minor use permit, the final map has been recorded within such time period.

3. In addition, for a Minor Use Permit for which a building permit is required to comply with any condition of the minor use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

An extension of up to an additional one (1) year beyond the initial time period provided in subparagraph (a) may be granted by the Director of Community Development upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit should submit a written request to the Planning Division for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Community Development's 300
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decision shall be made to the Planning Commission as set forth in Division No. 5, of this Article herein.

Section No. 30-201 - Time Limitations.

Any Minor Use Permit Modification granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two (2) years after the effective date of the approval. No permittee shall obtain any right solely by reason of such minor use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced.

Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

1. For a Minor Use Permit Modification for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the Minor Use Permit has commenced within such time period.

2. In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the minor use permit, the final map has been recorded within such time period.

3. In addition, for a Minor Use Permit Modification for which a building permit is required to comply with any condition of the minor use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

An extension of up to an additional one (1) year beyond the initial time period provided in subparagraph (a) may be granted by the Director of Community Development upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit should submit a written request to the Planning Division for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Community Development's decision shall be made to the Planning Commission as set forth in Division 4, herein.

Section No. 30-225 – Application
Applications for Director’s Determination shall be filed with the Planning Division 301
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upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division, to insure a full presentation of the facts. No application shall be considered by the Director of Planning Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

In reaching a determination that a use not specifically listed in this chapter may be permitted or conditionally permitted in each of the various zones, the Director shall make the following specific findings in writing:

1. That the proposed use is consistent with the applicable general plan map and text, the zoning district, and all other provisions of the Zoning and Development Code.

2. That the proposed use will be compatible with other permitted and conditionally permitted uses in the zoning district and that there will be no reasonably foreseeable adverse effect to other surrounding properties or their permitted uses.

3. That the proposed use will be organized, designed, constructed, operated and maintained so as to be compatible with the character of the zoning district and surrounding zoning districts as intended by the General Plan and Zoning and Development Code.

Section 11. Add Article XV to Chapter 30 of the Zoning and Development Code, as follows:

Article XV No Net Loss Program
Sections:
30-965 Purpose and authority.
30-966 Definitions.
30-967 Requirements.
30-968 Types of Bonuses and Incentives Allowed.
30-969 Development Standards.
30-970 Processing of No Net Loss Program Requests.
30-971 No Net Loss Program Density Bonus Agreement.
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30-972 Implementation.
30-973 Fee
Sec. 30-965 - Purpose and authority
The City desires to ensure its compliance with Senate Bill 330 (SB330) and establish a no Net Loss Density Bonus Program for certain residential projects. This Chapter provides, concurrent with the approval of any change in zone from a residential use to a less intensive or non-residential use, a density bonus will become available to project applicants subsequently seeking to develop property for residential use within the City.

In doing so, the proposed Section will ensure that there is no net loss of residential capacity within the City as required by SB330.

On October 9, 2019, the California Legislature adopted SB330 which, among other things, adopted Government Code Section 66300, declared a housing crisis in the State of California and imposed certain requirements designed to streamline the construction of new housing, and prevent the loss of existing housing and land available for future residential use, unless the city concurrently changes the development standards, policies, and conditions applicable to other areas of the affected jurisdiction to ensure no net loss in residential capacity. SB330 became effective on January 1, 2020.

Sec. 30-966 - Definitions.

Except as otherwise expressly set forth herein, the following words and terms as used in this Chapter shall have the following meanings:

Density Bonus. A density increase of up to those percentages above the otherwise maximum residential density as specified in this Chapter.

Density Bonus Housing Agreement. A legally binding agreement between a developer of a Housing Development and the City containing such terms and conditions as determined by the City Attorney, which ensures that the requirements of this Chapter are satisfied.

Density Bonus Units. Those residential units granted pursuant to the provisions of this Chapter, that exceed the maximum residential density for the development site and that are available in the Unit Bank.

Housing Development. Construction projects consisting of five or more residential units or Lots, including single-family and multifamily, that are proposed to be constructed pursuant to this Chapter.

Lot. (1) a Lot when shown as a delineated Lot of land with a number or other designation on a parcel map or tract map and not to be used for the common benefit of other Lots recorded in the Office of the County Recorder of San Bernardino County and legally created under the Subdivision Map Act ; (2) a Lot of land held under separate 303
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ownership from adjacent property that constitutes a legal lot under applicable Law.

Maximum Residential Density. The maximum number of residential units permitted by the City's General Plan Land Use Element and Zoning and Development Code, applicable to the subject property at the time an application for the construction of a Housing Development is deemed complete by the City, excluding the additional units permitted by this Chapter.

Director of Planning. The Director of Planning of the City.

Unit Bank. The number of units available to the No Net Loss Program as a result of a change of zone from a residential use to a less intensive residential use or a nonresidential use. The Director of Planning, or his or her designee, shall have the sole authority to administer and maintain the Unit Bank balances, credits and availability as he or she determines, which determination shall be final.

Sec. 30-967 - Requirements.

The City shall grant a density bonus through the No Net Loss Program to projects which meet the following criteria:

A. The project is on a parcel of at least one acre, or the applicant is processing an application concurrently with a parcel merger of two or more Lots or more which will create a Lot of not less than one-acre.

B. The project takes place in one of the following residential zones in the City:
a. Residential Estate (R-E)
b. Single-Family Residential (R-1)
c. Medium-Density Residential (R-2)
d. High-Density Residential (R-3)
e. Multi-Family/Medium-High Residential (R-4)
f. Multi-Family/High Residential (R-5
g. Residential Planned Community (R-PC)
C. In determining the number of Density Bonus Units to be granted pursuant to this Section, the maximum allowable residential density for the site shall be calculated as follows:
a. Multiplying the maximum density allowed under the applicable zoning designation and multiplying the result by 1.2 for a 20 percent density bonus. If the result, including the density bonus, contains a fraction of a unit, the number of allowable 304
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units shall be determined by rounding down to the nearest whole number if the fraction is below 0.5. Calculations containing fractions of 0.5 or above shall be rounded up.

b. Density bonuses in the No Net Loss Program can be combined with other density bonus programs as established in Article II, Division 25 – Density Bonus of the Fontana Municipal Code.
b. In no case shall the number of No Net Loss/Density Bonus Units awarded under the No Net Loss Program exceed the number of units in the Unit Bank. c. In no case shall the number of No Net Loss/Density Bonus Units available in the Unit Bank exceed 2,200 units.

D. A No Net Loss/Density Bonus Agreement shall be required for any project seeking a density bonus as part of the No Net Loss Density Bonus Program.

E. The Planning Department shall publish the available number of units available in the Unit Bank on the Planning Department’s page on the City’s website.

Sec. 30-968 - Types of Bonuses Allowed.

A. Density Bonus. The density bonus allowed by this Chapter shall consist of those density increases specified in Section 30-967 above the maximum residential density applicable to the site as of the date of the project land use permit application.

B. Mixed use zoning allows the Housing Development to include nonresidential uses.

Approval of mixed-use activities in conjunction with the No Net Loss program is permissible if authorized elsewhere under the Fontana Municipal Code and subject to those requirements. A density bonus will be granted only for the residential portion of a mixed use development.

Sec. 30-969 - Development Standards.

All development standards for the base zone and/or overlay district shall be met.

Granting of a density bonus does not constitute approval of or grounds for modification or waiver of any development standard or other requirement of the Fontana Municipal Code.

Sec. 30-970 - Processing of No Net Loss Program Requests.

An Application which proposes to change a land use designation or zoning ordinance to a less intensive use may request concurrent approval by the City Council to transfer the unit reduction to a No Net Loss Density Bonus Bank for the purpose of complying with SB330.

An Application which proposes to utilize units available in the No Net Loss Density Bonus Bank shall submit an application for any No Net Loss program project in conjunction with the permit and entitlement application submittal package required for 305
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the project. A density bonus request pursuant to this Chapter shall be processed as part of the greater application for development. The process for obtaining preliminary approval of the Density Bonus Housing Agreement, shall be as follows:

A. Filing. An applicant proposing a Housing Development pursuant to this chapter shall submit an application for a Density Bonus Housing Agreement as part of the submittal of any formal request for approval of a Housing Development. The application, whether a pre-application or a formal application, shall include:

1. A brief description of the proposed Housing Development, including the total number of units, and Density Bonus Units proposed;

2. The zoning and General Plan designations and assessor's parcel number(s) of the project site;

3. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways, and parking layout; and

4. If an additional incentive or program available under the Fontana Municipal Code or the Housing Element is requested, a description of why the additional incentive or program is applicable to the Density Bonus Units.

5. Any additional information and submittal requirements as noted on the Master Planning Application.

B. Review of No Net Loss Density Bonus Program Request.

1. Within 90 days of receipt of the application for a No Net Loss Program the City shall provide to an applicant a letter, which identifies project issues of concern, and the procedures for compliance with this Chapter.

Sec. 30-971 - No Net Loss Program Density Bonus Agreement.

A. The terms of the draft density bonus agreement (Agreement) shall be reviewed and revised as appropriate by the Director of Planning and the City Attorney who shall formulate a recommendation to the Planning Commission for review and the City Council for final approval.

B. At a minimum, the Agreement shall include the following:

1. The total number of units proposed within the Housing Development;

2. A schedule for completion and occupancy of the units;

3. A description of remedies for breach of the Agreement by either party; and 306
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4. Any other provisions to ensure implementation and compliance with this chapter and other density bonus provisions established in Division 25 of the Fontana Municipal Code, as applicable, including but not limited to:
a. A description of the household income group to be accommodated by the Housing Development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost; b. The location, unit sizes (square feet), and number of bedrooms of density bonus units; and,
c. Tenure of use restrictions for density bonus units.

Sec. 30-972 - Implementation.

A. The provisions of this Chapter shall be administered by the Planning Department.

B. Projects requesting density bonus through the No Net Loss Program are subject to processing through the requirements in this Chapter.

Sec. 30-973 - Fee.

Section 12. Based on the foregoing, the City of Fontana City Council determines that this project is exempt per the California Environmental Quality Act (CEQA) pursuant to Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA
Section 13. Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 is hereby approved; and
Section 14. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Herald News, a local newspaper of the general circulation, published and circulation in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this July 26, 2022
READ AND APPROVED AS TO LEGAL FORM:
_________________________________________
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council at a regular meeting on the 12th day of July 2022, and was finally passed and adopted not less than five days thereafter on the 26 th day of July 2022,
by the following vote to wit:

AYES:

NOES:

INCLUDING THE ADDITION OF PROVISIONS PERTAINING TO
FINANCE AND CONVEYANCE MAPS, AMENDMENTS TO CHAPTER 30

ALLOWING FOR TRUCK SALES WITHIN THE GENERAL

COMMERCIAL ZONING DISTRICT ALONG VALLEY BOULEVARD

WITH A CONDITIONAL USE PERMIT, EXTENDING THE LENGTH OF

TIME FOR TIME EXTENSIONS FOR ENTITLEMENT PROJECTS FROM

ONE TO TWO YEARS, REDUCING REQUIRED SETBACKS FOR
RESIDENTIAL ACCESSORY STRUCTURES WITHIN THE SINGLEFAMILY ZONING DISTRICT, REDUCING BUFFER DISTANCE

REQUIRMENTS FOR SMOKE AND VAPE SHOPS, ADDING PROVISION

FOR SIGN PROGRAMS, AND CREATING PROVISIONS FOR
REPLACEMENT UNITS TO ADDRESS SENATE BILL (SB) 330

THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 2. On May 17, 2022, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto on Master Case No. 22-049 and Municipal Code Amendment No. 22-004 as it relates to a request to amend Chapter 26 the to include a provision for finance conveyance maps and also revisions to Chapter 30 to permit truck and trailer sales in the General Commercial (C-2) zone, reduced setbacks for detached patios, include a provision for No Net Loss to address Senate Bill 330, and Eliminate Inconsistencies throughout. During this hearing, the Planning Commission voted to recommend approval to City Council of Master Case No. 22-049 and Municipal Code Amendment No. 22-004 subject to elimination of reduced setbacks for detached residential patios.

Section 3. On June 21, 2022, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto on Master Case No. 22-071 and Municipal Code Amendment No. 22-005 as it relates to a request to amend Chapter 30 to revise distance requirements for smoke and vape shops and to include a provision for sign programs for 309
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larger commercial centers. At the conclusion of the hearing, the Planning Commission voted to decline to recommend approval to City Council of Master Case No. 22-071 and Municipal Code Amendment No. 22-005.

Section 6. Revise Table No. 30-22 in Article II of Chapter 30 of the Zoning and Development Code, as follows:
a. Modification to ARTICLE II – ADMINISTRATIVE PROCEDURES; DIVISION 4. – HEARING BODIES AND NOTIFICATION
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TABLE No. 30-22
Reviewing Bodies Appeal
Body
Project Type DAB DP PR PC CC P
C
C
C
Administrative Site Plan, Amendment X X X
Administrative Site Plan, Major X X X
Administrative Site Plan, Minor X X X
Administrative Site Plan, Modification X X X
Area Plan X Xa X
Certificate of Appropriateness X
Conditional Use Permit X X X
Conditional Use Permit Amendment X X X
Conditional Use Permit Modification X X X
Density Bonus X Xa X
Design Review X X X
Design Review, Amendment X X X
Design Review, Modification X X X
Design Review, Signs X X
Director’s Determination X X
Development Agreements Xa X
Development Agreements, Amendment Xa X
General Plan Amendments X Xa X
Home Occupation Permit X X
Lot Line Adjustment X X
Minor Use Permit X X X
Minor Use Permit, Amendment X X X
Minor Use Permit, Modification X X X
Parcel Maps, Tentative X X X
Finance and Conveyance Maps X X
Parcel Maps, Final X X
Park Review X Xb X X
Specific Plan, Amendment X Xa X
Temporary Use X X
Tract Maps, Tentative X X X
Tract Maps, Final X
Variances X X X
Variances, Administrative X X X
Time Extension, Parcel Map X X
Time Extension, Tract Map X X
Time Extension, Projects X X X
Development Code and Zoning District
Map, Amendment X Xa X
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Section 7. Modifications to ARTICLE II – ADMINISTRATIVE PROCEDURES, DIVISION 21.-MAPPING: TENTATIVE PARCEL MAP, TENTATIVE TRACT MAP, AND LOT LINE ADJUSTMENT in Chapter 30 of the Zoning and Development Code, as follows:

DIVISION 21. - MAPPING: TENTATIVE PARCEL MAP, TENTATIVE TRACT MAP,

26. Section 8. Add article 5 to Chapter 26 Subdivision and renumber existing articles, 312
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as follows:

ARTICLE 5: FINANCE AND CONVEYANCE MAPS
26-256 General
This article shall govern the filing and processing of tentative maps for finance and/or conveyance purposes. Applications for finance and/or conveyance maps may only be accepted under one of the following criteria:
(a) The site to be subdivided by the map is already developed, and the proposed map will not create legal building sites upon which new development may occur; or
(b) A future map for development purposes must be processed in order for any development on the site the property to occur, and this fact is clearly stated on the face of the map; or
(c) The zoning for the property covered by the map does not permit any development.
26-257 Filing Form
Financing and conveyance maps (collectively referred to as “financing maps”) are filed with the Planning Department as specified in Section 30-305. (a) Application. Each land divider shall file with the planning department a parcel map application in form, format and content and with the requisite number of parcel maps in accordance with the planning commission adopted submittal requirements established pursuant to section 30-305.
(b) Filing fees. At the time of filing of the parcel map, the land divider shall pay to the city a filing fee in an amount to be fixed by resolution of the city council. (c) Form. Every parcel map filed with the planning department shall adhere to the requirements specified in the parcel map application in effect at the time of submittal.
26-258 Submittal Requirements
The form, content and supplementary information that must accompany a financing and conveyance map application shall conform to the requirements for tentative maps set forth in Section 26-217 except as hereafter provided.
(a) Notwithstanding the requirements set forth in Section 26-217, the Director of Planning or designee may waive the following requirements in writing if requested in advance by the applicant:
(1) internal streets and access ways within the boundary of the map (with concurrence of the City Engineer);
(2) dimensions and location of sidewalks and common areas; (3) soils and geology report;
(4) energy conservation statement;
(5) regional housing needs statement; and/or
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(6) other submittal requirements set forth in Chapter 26, Subdivisions, or the Subdivision Map Act, provided, the City Engineer determines in advance, in his/her professional judgment, that the proposed map continues to comply with the spirit and intent of the Subdivision Map Act, and Chapter 26.
(b) The following statement must be clearly printed on the face of the proposed financing map: “FOR FINANCE AND CONVEYANCE PURPOSES ONLY.” (c) If a future map is required for any development, the face of the map must include the following additional statement: “THIS MAP DOES NOT CREATE A LEGAL BUILDING SITE. FURTHER APPLICATIONS ARE NECESSARY TO DEVELOP THIS PROPERTY.”
26-259 Review Procedure
(a) Criteria. The Director of Planning shall base their decision to approve, conditionally approve, or disapprove the proposed financing map on the information required under this article, and any additional information reasonably necessary to determine that the property covered by the map can be feasibly developed under the existing zoning and general plan designations for the site. At a minimum, the Director of Planning should examine the following:
(1) Does the parcel (or parcels) of land have access from a public road, or is access both feasible and required by a condition of approval for the proposed map?
(2) Do the parcel lines conflict with any public easements? (3) Are there any physical constraints or other issues which may affect the feasibility of future development on the site (e.g. vehicular access, utility service extensions)? If necessary in order to adequately evaluate the map, additional technical studies (e.g. access study) should be required prior to finding the application complete.
(4) Does the map provide sufficient information on future uses and feasibility of future uses to ensure consistency with the general plan and zoning designations for the site?
(5) Is the site suitable for the future permitted or proposed uses? (6) Does the map provide sufficient information on the subdivision design and future improvements to evaluate its potential impact on the environment in compliance with the California Environmental Quality Act?
(7) Does the map provide sufficient information to evaluate and ensure that the subdivision design will not cause future conflicts with public easements?
(8) Is there sufficient information on the subdivision design and future improvements to enable the City to determine whether the map complies with applicable water quality standards?
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(b) Findings. The Director of Planning must make the following findings to approve financing and conveyance maps.
(1) That the proposed map is consistent with applicable general plan, specific plans and the municipal code.
(2) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
(3) That the site is physically suitable for the type of development. (4) That the site is physically suitable for the proposed density of development.
(5) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. (6) That the design of the subdivision or type of improvements is not likely to cause serious public health problems.
(7) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. (c) Mandatory Conditions of Approval. In addition to the standard subdivision conditions of approval applied to all maps for development purposes, the following conditions of approval shall apply to all financing maps:
(1) Any submittal requirements which were waived in connection with the financing map in accordance with the definition listed below shall be submitted concurrently with the first discretionary application for development of the site covered by the map (i.e. with an application for a future map, a conditional use permit, or specific plan). (2) This map is approved for financing and land conveyance purposes only. No applications for building or grading permits shall be accepted for the parcel or parcels created by this map until a future map/conditional use permit/specific plan/or other entitlement for development has been approved by the City.
a. Renumber Articles:

ARTICLE VVI. - STORM DRAINAGE BENEFIT AREA FEES
ARTICLE VII. - REVERSION TO ACREAGE AND COMBINING PARCELS 315
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Section 9. Revise Table 30-489 and add 17 to Section 30-492 of Chapter 30 of the Zoning and Development Code, Article VI, Division 3, as follows:

Table No. 30-489
Allowed Uses within Commercial Zoning Districts
Use C-1 C-2 RMU
Retail Sales
Adult Businesses P* P* —
Antique Shop P P P
Automobile Sales Agency with or without Incidental Repair and Sales Display Area — C C
Automobile Supply Store (no machine shop) P P P
Bakery Goods Store P P P
Bar, Cocktail Lounge C C C
Bicycle Shop P P P
Boat Sales with Incidental Repair and Sales Display Area — C C Book Store P P P
Building Materials, Retail Sale of (if contained within a completely enclosed building) — P P
Building Materials with Outdoor Storage — P* P*
Blueprinting Establishment — P P
Caterer P P P
Clothing Store P P P
Computer Store P P P
Convenience Store P P P
Cyber Cafés C C C
Department Store — P P
Discount Store P P P
Drugstore P P P
Electrical Supply Store P P P
Feed Store C M —
Florist Shop P P P
Furniture Store P P P
Garden Furniture and Supplies Store P* P* P*
Glass or Mirror Store P P P
Grocery, Fruit, Vegetable, Meat, Fish, Poultry, or
Delicatessen Store, P P C
Hardware Store P* P* P*
Hobby Supplies Store P P P
Home Furnishing Store P P P
Household Appliance Store P P P
Ice Cream Store P P P
Ice Storage Locker (if not more than five-ton capacity) P P P Interior Decorating Shop P P P
Jewelry and Coin Store P P P
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Liquor Store C C C
Micro-Brewery — C C
Newsstand P P P
Novelties Store P P P
Nursery, Plant (includes statuary sales) P* P* P*
Paint and Wallpaper Shop P P P
Pawn Shop — C C
Pet Boarding — M —
Pet Shop P P P
Plumbing Supply Store — P P
Radio, Television, and Small Electrical Appliance Shop
(including repair when incidental to retail sales) P P P Restaurant and Café, Excluding Those Having Dancing
and/or Floorshows. Alcoholic Beverages are not Permitted. P* P* P* Restaurant and Café with Entertainment and/or Dancing.

Alcoholic Beverages Permitted. C* C* C*
Restaurant and Café Without Entertainment and/or Dancing.

17. Truck and Trailer Sales
a. Truck and trailer sales and associated accessory repair shall only be located fronting Valley Boulevard within the General Commercial (C2) zoning district. b. The use must be on a stand-alone parcel with a building on the same parcel associated with the business.
c. All display of truck or truck and trailer shall be set back behind landscaped areas and shall not be located on required parking areas. 317
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d. The entire area used for display purposes shall be surfaced with asphalt or an equally serviceable hard pavement surface. The surface shall be maintained in good condition.
e. Outdoor display areas shall be maintained in a neat and orderly condition.
f. All parts, accessories, etc. shall be stored within a fully enclosed structure.
g. No amplified speaker systems shall be used outside.
h. All on-site lighting shall be stationary and directed away from adjoining properties and public rights-of-way.
i. Only ancillary repair shall occur within a fully enclosed structure.

Section 10. Revise Chapter 30 of the Zoning and Development, Article V, Division 4 as follows:

Table No. 30-434
Residential Development Standards
R-E R-1 R-2 R-2 R-3 R-PC
Maximum
permitted
number of
dwelling units
per adjusted
gross acre

2.0 5.0 7.6
detached

12.0 attached
or multifamily

12.0-24.0 3.0
Lot Dimensions, Lot Size, and Lot Coverage
Minimum width
@ required front
setback
80-foot 60-foot 50-foot N/A N/A 70-foot
Minimum width
@ front P/L
80-foot 60-foot 50-foot 200-foot 200-foot 70-foot
Minimum flag lot
frontage @ front
P/L

N/A N/A N/A N/A N/A N/A
Minimum depth 150-
foot
100-foot 90-foot 300-foot 300-foot 100-foot
Minimum lot size
(sq. ft.) (r)
21,780 6,000
with an
5,000
with an
5 acres 5 acres 10,000
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average
of 7,200
average
5,445
Maximum lot
coverage (as a
percent of
adjusted gross
acreage of total
site)
45% 45% 50% 50% 50% 45%
Single-Family Minimum Dwelling Unit Size
Minimum
dwelling unit size
(sq. ft.), onestory
2,000 1,200 1,200 MultiFamily
Minimum
Dwelling
Sizes
below
MultiFamily
Minimum
Dwelling
Sizes
below
2,000
Minimum
dwelling unit size
(sq. ft.), twostory (e)
2,000 1,200 1,200 MultiFamily
Minimum
Dwelling
Sizes
below
MultiFamily
Minimum
Dwelling
Sizes
below
2,000
Minimum
dwelling unit size
(sq. ft.) in-fill
development,
one- and twostory (e)
N/A 1,200 1,200 N/A N/A N/A
Minimum
dwelling unit size
(sq. ft.)
affordable/
density, oneand two-story
See
Table
30-
437.A.

Density
Bonus
See
Table 30-
437.A.

Density
Bonus
See
Table
30-
437.A.

Density
Bonus
See
Table 30-
437.A.

Density
Bonus
Multiple-Family Minimum Dwelling Size (Standard)
Studio N/A N/A N/A 550 sq.
ft.
550 sq. ft. N/A
One bedroom N/A N/A N/A 600 sq.
ft.
600 sq. ft. N/A
Two bedrooms N/A N/A N/A 800 sq.
ft.
800 sq. ft. N/A
Three or more
bedrooms
N/A N/A N/A 900 sq.
ft.
900 sq. ft. N/A
Multiple-Family Minimum Dwelling Size (Seniors)
Studio N/A N/A N/A 550 sq.
ft.
550 sq. ft. 550 sq. ft.
319
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One bedroom N/A N/A N/A 600 sq.
ft.
600 sq. ft. 700 sq. ft.

Two bedrooms N/A N/A N/A 800 sq.
ft.
800 sq. ft. 900 sq. ft.

Three or more
bedrooms
N/A N/A N/A 900 sq.
ft.
900 sq. ft. 1,000 sq.
ft.

Multiple-Family Minimum Dwelling Size (Affordable)
Studio N/A N/A N/A 550 sq.
ft.
550 sq. ft. N/A
One bedroom N/A N/A N/A 600 sq.
ft.
600 sq. ft. N/A
Two bedrooms N/A N/A N/A 800 sq.
ft.
800 sq. ft. N/A
Three or more
bedrooms
N/A N/A N/A 900 sq.
ft.
900 sq. ft. N/A
Maximum Building Heights
Single-Family 35-foot 35-foot 35-foot N/A N/A 35-foot
Multi-Family N/A N/A N/A 55-foot 55-foot N/A
Single-Family Setbacks Building to P/L
Front 30-foot 22-foot 22-foot N/A 25-foot 25-foot
Side, Interior
Two Story
15-foot 5-foot
min./15-
foot
aggregate
5-foot N/A 5-foot
min./15-
foot
aggregate
5-foot
min./20-
foot
aggregate
Side, Interior
Single-Story
15-foot 5-foot 5-foot N/A N/A 5-foot
min./20-
foot
aggregate
Side, Corner lot 15-foot 10-foot 10-foot N/A 10-foot 15-foot Rear 30-foot 20-foot 20-foot N/A 20-foot 20-foot
Single-Family General Patio and Enclosed Patio Setbacks Rear 15-foot 10-foot 6-foot 6-foot 10-foot 15-foot
Side 15-foot See (3) 5-foot N/A
Single-Family one-story open sided patios of 200 square feet and less. See Note (9).

Rear 3-foot 3-foot 3-foot
Side 3-foot 3-foot 3-foot
Notes:
(1) Minimum width of cul-de-sac lots and "knuckles" shall be 42 linear feet as measured at the property line. The Planning Commission may reduce this minimum requirement provided the applicant submits the tentative tract map and design review concurrently along with a plotting exhibit (showing the footprint and 320
Ordinance No. ___
ATTACHMENT NO. 2
driveway of each dwelling unit located on a cul-de-sac or knuckle) demonstrating parking compliance to the satisfaction of the Director of Community Development. (2) For single-family residential lots, the Planning Commission may vary the minimum lot width or depth by ten percent for particular lots, due to unique or special circumstances, and/or parcel of unusual configuration. For lots located on a culde-sac or knuckle, the lot depth can be calculated by averaging both side property lines provided the average is not less than the specified lot depth for that zoning district.
(3) Side setbacks for patios in the R-1, R-2, and R-PC shall be consistent (equal to or greater) with the side setbacks for any existing dwelling unit. (4) Each dwelling unit built within any residential zoning district shall provide a minimum one-half bath ("powder room"), consisting of at least a water closet (toilet) and sink, on the first or ground floor when such first or ground floor contains habitable living space.
(5) In hillside areas, structure heights shall be limited to 25 feet as specified in Section 30-630 (hillside overlay).
(6) For lots located on a cul-de-sac or knuckle, the rear setback can be calculated by averaging both rear corners of dwelling provided the average is not less than the specified setback for that zoning district.
(7) Where any door (excluding a service door to the attached garage) opens onto a side setback area from habitable living space, that side setback area shall be increased to a minimum of ten feet.
(8) Any garage which fronts on, or opens onto, a street shall be setback at least 22 feet.
(9) For one-story open sided detached patio covers of 200 square feet or less in R-1, R-2, and R-PC, the setback shall be no less than three feet to the rear property line and no less than three feet to the interior side property line. (10) Development standards apply to attached or multi-family projects of 7.7 to 12 du/ac.
(11)For allowed projections into required setback area, see Section 30-441, projections into setbacks.
(12)For setbacks pertaining to accessory buildings and structures see Section 30-461 (accessory buildings and structures).
(13)The habitable living space of a building may be allowed to encroach into the required front setback in compliance with the plotting and design criteria; in no case, however, shall the garage portion of a building encroach into the required front setback, except as provided for by [subsection] (14). 321
Ordinance No. ___
ATTACHMENT NO. 2
(14)Side-on garages may be allowed to encroach into the required front setback up to a maximum of six feet.
(15)For the purposes of this section, subterranean or partial subterranean parking shall not be considered a floor/story for the purpose of determining building setbacks.
(16)"Alternative" minimum standards may be established with an approved conditional use permit pursuant to Article II, Division 24, (planned unit development regulations).
(17)For existing legal lots smaller than this minimum see Section 30-414 (lot size conformance).
(18)Corner lots shall have a width of not less than 65 feet (see Section 26-180(1), area and width of lots).
(19)The 15-foot aggregate pertains to new single-family residential development only. (20)All setbacks shall be measured from the main structure, not the overhang. (21)Two-story multi-family units shall be required to provide a minimum of 100 square feet of private open space, either on the first or second floor. Multi-family units located above the ground floor shall be required to provide a minimum of 75 square feet.
(22)Existing legal lots of record located in any residential zoning district may be developed pursuant to the required development standards identified in the applicable zoning district.

Section 11. Revise Chapter 30 of the Zoning and Development Code, Article II, Divisions 10-13 and 16 as follows:

Section No. 30-85 - Time Limitations
Each Administrative Site Plan approval granted under this Section shall become null and void two (2) years after the date of approval; unless:

2. A one time (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations.
322
Ordinance No. ___
ATTACHMENT NO. 2
A one-time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations.

Section No. 30-95 - Time limitations.

Each Administrative Site Plan, Minor approval granted under this Section shall become null and void two (2) years after the date of approval; unless:

2. A one time (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations.

A one-time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations.

Section No. 30-105 - Time limitations.

Each Administrative Site Plan Amendment approval granted under this Section shall become null and void two (2) years from the date of original approval; unless:

2. A one time (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations.

A one-time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations.

Section No. 30-115 - Time limitations.

Each Administrative Site Plan, Modification approval granted under this Section shall become null and void two (2) years after the date of approval; unless:

2. A one time (2) year extension may be granted by the director of Planning provided there are no changes to the originally approved site plan and elevations.
323
Ordinance No. ___
ATTACHMENT NO. 2
A one-time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations.

Section No. 30-124 - Time limitations.

Each Design Review approval granted under this Article shall become null and void two (2) years after the date of approval, unless:

Section No. 30-133 - Time limitations.

Each Design Review, Amendment approval granted under this Article shall become null and void two (2) years from the date of original approval, unless:

3. Any valid Design Review, Amendment in effect at the date of adoption of this Section shall remain valid for a period of two (2) years from the date of 324
Ordinance No. ___
ATTACHMENT NO. 2
that design review approval. A one (1) time two (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.

Section No. 30-144 - Time Limitations.

Each Design Review, Modification approval granted under this Article shall become null and void two (2) years from the date of approval, unless:

Section No. 30-154 - Time limitations.

3. In addition, for a Conditional Use Permit for which a building permit is required to comply with any condition of the conditional use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

Section No. 30- 164 - Time Limitations.

1. For a Conditional Use Permit Amendment for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized 326
Ordinance No. ___
ATTACHMENT NO. 2
by the Conditional Use Permit Amendment has commenced within such time period.

Section No. 30- 173 - Time Limitations.

2. In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the minor use permit, the final map has been recorded within such time period.

An extension of up to an additional one (1) year beyond the initial time period provided in subparagraph (a) may be granted by the Director of Community Development upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit should submit a written request to the Planning Division for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Community Development's decision shall be made to the Planning Commission as set forth in Division No. 5, of this Article herein.

Section No. 30-201 - Time Limitations.

Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

2. In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the minor use permit, the final map has been recorded within such time period.

An extension of up to an additional one (1) year beyond the initial time period provided in subparagraph (a) may be granted by the Director of Community Development upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit should submit a written request to the Planning Division for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Community Development's decision shall be made to the Planning Commission as set forth in Division 4, herein.

Section No. 30-225 – Application
Applications for Director’s Determination shall be filed with the Planning Division upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division, to insure a full presentation of the facts. No application shall be considered by the Director of Planning Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

1. That the proposed use is consistent with the applicable general plan map and text, the zoning district, and all other provisions of the Zoning and Development Code.

4. The proposed use is of a type, character, size, scale and nature which is compatible, conforming and otherwise harmonious with other like and similar uses, especially as related to operational characteristics such as services offered, goods, products, hours of operation, traffic and noise generation, and any other characteristic which by its existence provides factual information pertinent to the Director's Determination.
330
Ordinance No. ___
ATTACHMENT NO. 2
Section 12. Amend Section No. 30-492 - Conditional Use Permit and Minor Use Permit regulations of Chapter 30 of the Zoning and Development Code is as follows:

4. Smoke Shop and Vape Shop.
a. Regulations.
1) The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in Cal. Labor Code Section No. 6404.5.
2) Food for consumption is not permitted on the premises. 3) No alcoholic beverages shall be sold or consumed on the business premises.
4) No person under 18 years of age shall be permitted within any area of the business premises where the smoking of tobacco is allowed. 5) No amusement devices, as said term is defined in Section No. 30-12 of this Code, shall be permitted anywhere within the business. b. Development Standards.
1) There shall be no obstructions within the storefront windows and doors which would hinder visual surveillance of the interior of the tenant space from the outside of the premises during operating hours. Obstructions would include signage, window tint, window coverings, advertisements, etc.
2) The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons of normal visual acuity.
3) All required emergency access/exits or fire lanes shall be provided and maintained as required by the Fontana Fire Department.
4) The business shall also be in conformity with all other city, state, and federal laws.
c. Distance Requirements.
1) Distance shall be measured from property line to property line. 2) The tenant space shall not be located within 1,500 600 feet of any existing or proposed school, park, religious institution, hospital, youth facility, or other sensitive land uses, whether said uses are within or outside of the corporate boundaries of the City of Fontana. 331
Ordinance No. ___
ATTACHMENT NO. 2
3) The tenant space shall be a minimum distance of 500 feet from any smoke/vape shop and smoking/vape/hookah/e-lounges, as said terms are defined in Section No. 30-12, whether said uses are within or outside of the corporate boundaries of the City of Fontana.

Section 13. Add Section 30-731.1 Sign Programs shall be added to Chapter 30 of the Zoning and Development Code, as follows:

Sec. 30-731.1 Sign Programs.
(a) Purpose. The purpose of the sign programs are to:
(1) Provide coordinated signage within a development project; (2) Create common design elements;
(3) Provide customed tailored site-specific standards; and (4) Integrate the design of signs with the overall building and landscape design to form an architectural statement.
(b) Applicability.
(1) Location. An applicant may submit a comprehensive sign program application (design review sign program) if they meet the following criteria:
a. A new or existing shopping center with a site area of six acres or more; b. Mixed-use or commercially zoned properties; and
c. On properties with frontage on Baseline Avenue, Foothill Boulevard, Sierra Avenue, or Valley Boulevard.
(2) Requirements. An applicant may request Planning Commission approval of a sign program, consistent with the following:
a. A site plan showing the location of buildings, parking lots, driveways, and landscaped area;
b. The maximum total sign area, the maximum area for individual signs, the height of signs and the number of signs allowed;
c. An accurate indication on the site plan of the proposed location of each proposed sign and existing sign which is to remain;
d. Lighting and sign construction materials; and
e. Sign dimensions (if tenants are not known, generic dimensions may be presented).
f. Where proposed signage does not meet the requirements of existing sign regulations, the sig
332
Ordinance No. ___
ATTACHMENT NO. 2
Section 14. Add Article XV to Chapter 30 of the Zoning and Development Code, as follows:

Article XV No Net Loss Program
Sections:
30-965 Purpose and authority.
30-966 Definitions.
30-967 Requirements.
30-968 Types of Bonuses and Incentives Allowed.
30-969 Development Standards.
30-970 Processing of No Net Loss Program Requests.
30-971 No Net Loss Program Density Bonus Agreement.
30-972 Implementation.
30-973 Fee
Sec. 30-965 - Purpose and authority
The City desires to ensure its compliance with Senate Bill 330 (SB330) and establish a no Net Loss Density Bonus Program for certain residential projects. This Chapter provides, concurrent with the approval of any change in zone from a residential use to a less intensive or non-residential use, a density bonus will become available to project applicants subsequently seeking to develop property for residential use within the City.

In doing so, the proposed Section will ensure that there is no net loss of residential capacity within the City as required by SB330.

Sec. 30-966 - Definitions.

Except as otherwise expressly set forth herein, the following words and terms as used in this Chapter shall have the following meanings:

Density Bonus. A density increase of up to those percentages above the otherwise maximum residential density as specified in this Chapter. 333
Ordinance No. ___
ATTACHMENT NO. 2
Density Bonus Housing Agreement. A legally binding agreement between a developer of a Housing Development and the City containing such terms and conditions as determined by the City Attorney, which ensures that the requirements of this Chapter are satisfied.

Housing Development. Construction projects consisting of five or more residential units or Lots, including single-family and multifamily, that are proposed to be constructed pursuant to this Chapter.

Lot. (1) a Lot when shown as a delineated Lot of land with a number or other designation on a parcel map or tract map and not to be used for the common benefit of other Lots recorded in the Office of the County Recorder of San Bernardino County and legally created under the Subdivision Map Act ; (2) a Lot of land held under separate ownership from adjacent property that constitutes a legal lot under applicable Law.

Director of Planning. The Director of Planning of the City.

Sec. 30-967 - Requirements.

The City shall grant a density bonus through the No Net Loss Program to projects which meet the following criteria:

B. The project takes place in one of the following residential zones in the City:
a. Residential Estate (R-E)
b. Single-Family Residential (R-1)
334
Ordinance No. ___
ATTACHMENT NO. 2
c. Medium-Density Residential (R-2)
d. High-Density Residential (R-3)
e. Multi-Family/Medium-High Residential (R-4)
f. Multi-Family/High Residential (R-5
g. Residential Planned Community (R-PC)
C. In determining the number of Density Bonus Units to be granted pursuant to this Section, the maximum allowable residential density for the site shall be calculated as follows:
a. Multiplying the maximum density allowed under the applicable zoning designation and multiplying the result by 1.2 for a 20 percent density bonus. If the result, including the density bonus, contains a fraction of a unit, the number of allowable units shall be determined by rounding down to the nearest whole number if the fraction is below 0.5. Calculations containing fractions of 0.5 or above shall be rounded up.

D. A No Net Loss/Density Bonus Agreement shall be required for any project seeking a density bonus as part of the No Net Loss Density Bonus Program.

E. The Planning Department shall publish the available number of units available in the Unit Bank on the Planning Department’s page on the City’s website.

Sec. 30-968 - Types of Bonuses Allowed.

B. Mixed use zoning allows the Housing Development to include nonresidential uses.

Sec. 30-969 - Development Standards.

All development standards for the base zone and/or overlay district shall be met.

Granting of a density bonus does not constitute approval of or grounds for modification or waiver of any development standard or other requirement of the Fontana Municipal Code.

Sec. 30-970 - Processing of No Net Loss Program Requests.

An Application which proposes to utilize units available in the No Net Loss Density Bonus Bank shall submit an application for any No Net Loss program project in conjunction with the permit and entitlement application submittal package required for the project. A density bonus request pursuant to this Chapter shall be processed as part of the greater application for development. The process for obtaining preliminary approval of the Density Bonus Housing Agreement, shall be as follows:

1. A brief description of the proposed Housing Development, including the total number of units, and Density Bonus Units proposed;

2. The zoning and General Plan designations and assessor's parcel number(s) of the project site;

3. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways, and parking layout; and

5. Any additional information and submittal requirements as noted on the Master Planning Application.

B. Review of No Net Loss Density Bonus Program Request.

1. Within 90 days of receipt of the application for a No Net Loss Program the City 336
Ordinance No. ___
ATTACHMENT NO. 2
shall provide to an applicant a letter, which identifies project issues of concern, and the procedures for compliance with this Chapter.

Sec. 30-971 - No Net Loss Program Density Bonus Agreement.

B. At a minimum, the Agreement shall include the following:

1. The total number of units proposed within the Housing Development;

2. A schedule for completion and occupancy of the units;

3. A description of remedies for breach of the Agreement by either party; and

Sec. 30-972 - Implementation.

A. The provisions of this Chapter shall be administered by the Planning Department.

B. Projects requesting density bonus through the No Net Loss Program are subject to processing through the requirements in this Chapter.

Sec. 30-973 - Fee.

The City Council has set by resolution application fees for the submissions required by this Chapter. The fees set by the resolution of the City Council with regards to this section shall not exceed the amount reasonably necessary for the City to perform the services provided under this Chapter.
337
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ATTACHMENT NO. 2
Section 15. Based on the foregoing, the City of Fontana City Council determines that this project is exempt per the California Environmental Quality Act (CEQA) pursuant to Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA
Section 16. Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 is hereby approved; and
Section 17. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Herald News, a local newspaper of the general circulation, published and circulation in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

APPROVED AND ADOPTED this July 26, 2022
READ AND APPROVED AS TO LEGAL FORM:
_________________________________________
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council at a regular meeting on the 12th day of July 2022, and was finally passed and adopted not less than five days thereafter on the 26 th day of July 2022,
by the following vote to wit:

AYES:

NOES:

ABSENT:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
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City of Fontana
Planning Commission
Minutes
Cathline Fort, Chair
Raj Sangha, Vice Chair
ldilio Sanchez, Secretary
Matthew Gordon, Commissioner
Ralph Thrasher, Commissioner
Tuesday, May 17, 2022 6:00 P.M. Grover W. Taylor Council Chambers _________________________________________________________________________ CALL TO ORDER/ROLL CALL:

A. Call to Order/Roll Call:

A regular meeting of the City of Fontana Planning Commission was held on Tuesday, May 17, 2022. Chair Fort called the meeting to order at 6:03 p.m.

Present: Chair Fort, Secretary Sanchez, and Commissioners Thrasher and Gordon

Absent: Vice Chair Sangha
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

Following the Invocation by Commissioner Gordon, the Pledge of Allegiance was led by Secretary Sanchez.

PUBLIC COMMUNICATIONS:

A. Public Communications:

None.

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CONSENT CALENDAR:

A. Approval of Minutes:

Approve the Regular Planning Commission Meeting Minutes of May 3, 2022.

ACTION: A Motion was made by Secretary Sanchez, seconded by Commissioner Thrasher, and passed unanimously by a vote of 3-0-1 to approve the Consent Calendar.

The motion carried by the following vote:

Aye: Chair Fort, Secretary Sanchez, and Commissioner Thrasher

Absent: Vice Chair Sangha
Abstain: Commissioner Gordon
PUBLIC HEARINGS:

PH – A Master Case No. 22-034; Conditional Use Permit No. 22-011 - A request to operate a smoke, tobacco and vape shop in an approximate 1,500 square foot tenant space in the South Sierra shopping center.

Chair Fort opened Public Hearing.

This item was continued to a date uncertain.

ACTION: Motion was made by Commissioner Gordon, seconded by Commissioner Thrasher, and passed unanimously by a vote of 4-0 to continue this item to a date uncertain. The motion carried by the following vote:

The motion carried by the following vote:

Aye: Chair Fort, Secretary Sanchez, and Commissioners Thrasher and Gordon

Absent: Vice Chair Sangha
PH - B Master Case No. 22-050, Zoning Code Amendment No. 22-003; a resolution of the Planning Commission of the City of Fontana, California, recommending that the City Council adopt an ordinance approving Zoning Code Amendment (ZCA) No. 22-003 amending Chapter 30 of the Fontana Municipal Code Article X, General Landscape Requirements.

Chair Fort opened Public Hearing.

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Shannon Casey, Senior Engineer presented the staff report. Staff also mentioned that comments were received from the Building Industry Association (BIA), which were listed on the memo presented to the commission on the dais.

The commission and staff discussed canopy landscape, coverage, and percentage, as it pertains to the General Plan Goals. In addition, a brief discussion took place regarding Crime Prevention through Environmental Design being incorporated into the code.

No one spoke in favor or opposition of this item.

The Public Hearing was closed.

RECOMMENDATION:

Based on the information contained in this staff report, staff recommends that the Planning Commission adopt Resolution PC No. 2022-013 and forward a recommendation to the City Council to:

1. Determine that the project is categorically exempt, respectively from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15061(B)(3) (the common-sense exemption) and, alternatively, pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment), and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA; and,

2. Adopt an Ordinance approving Zoning Code Amendment (ZCA) No. 22-003 to amend Chapter 30, Article X (General Landscape Requirements) of the Municipal Code to update the citywide landscape as shown in the Attachment No. 1 as referenced herein.

ACTION: Motion was made by Commissioner Thrasher, seconded by Commissioner Gordon, and passed unanimously by a vote of 4-0 to adopt the Resolution presented. The motion carried by the following vote:

The motion carried by the following vote:

Aye: Chair Fort, Secretary Sanchez, and Commissioners Thrasher and Gordon

Absent: Vice Chair Sangha
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PH-C Master Case No. 21-104, Conditional Use Permit No. 22-004, Administrative Site Plan No. 21-051 - a request to establish a Dutch Bros drive-through coffee shop of approximately 871 square feet with two (2) drive-through lanes at the South Highland Village shopping center.

Chair Fort opened Public Hearing.

Alexia De La Torre, Assistant Planner presented the staff report.

The commission and staff discussed parking, foot traffic, and the flow of traffic for this project site. In addition, a brief discussion took place regarding temporary signage, traffic flow staff on site, and a total number of vehicles that would fit on site. Furthermore, a discussion took place regarding the drive-thru exit and the temporary traffic flow.

The applicant, Kimberly Radan, stated that she read and agreed to the Conditions of Approval. In addition, she discussed the traffic exiting strategy that they have in place for this project. She also mentioned that they will be opening two other locations soon. The commission commented on the limited parking in front of the shop and the pedestrian traffic. Ms. Radan further explained that due to the high volume of customers, they have staff that are called drink runners, whose job is to delivery orders to the vehicles waiting in line, which keeps the line moving and traffic flowing.

The commission thanked the applicant for bringing this business to the city.

No one spoke in favor or opposition of this item.

The Public Hearing was closed.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2022-014; and,

1. Find that the previously adopted Initial Study/Mitigated Negative Declaration for Master Case No. 15-018 approved by the Planning Commission October 6, 2015, has adequately identified the impacts associated with the project.

No further review is required pursuant to Section No. 15162 of the California Environmental Quality Act and Section 6.22 of the 2019 Local Guidelines for Implementing CEQA, and direct staff to file a Notice of Determination; and,

2. Approve Conditional Use Permit No. 22-004 and Administrative Site Plan No. 21-051.

ACTION: Motion was made by Secretary Sanchez, seconded by Commissioner Gordon, and passed unanimously by a vote of 4-0 to adopt the Resolution presented. The motion carried by the following vote:

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The motion carried by the following vote:

Aye: Chair Fort, Secretary Sanchez, and Commissioners Thrasher and Gordon

Absent: Vice Chair Sangha
PH-D Master Case No. 22-049 and Municipal Code Amendment No. 22-004 - amendments to Chapter 26 (Subdivisions) and Chapter 30 (Zoning and Development Code) of the Municipal Code to establish standards and administrative procedures for conveyance maps, add language for density/replacement units to address Senate Bill 330, modify the land use table in the General Commercial (C-2) zoning district to allow truck sales with approval of a Conditional Use Permit (CUP), reduce required setbacks for residential accessory structures in the Single Family Residential (R-1) zoning district, extend the length of time for entitlement projects by providing a two-year time extension, and identifying inconsistencies and outdated language in the Zoning and Development Code.

Chair Fort opened Public Hearing.

George Velarde, Assistant Planner presented the staff report.

The commission and staff discussed time extensions, as it relates to entitlements, and if these extensions would be granted automatically or by request. A brief discussion also took place regarding when an extension should be requested. In addition, a discussion ensued regarding the setbacks for the R1 zoned areas, listed as less intensive structures and the other listed as open space/patio/structures. The commission and staff further discussed the proposed setbacks changes related to the R1 zoned areas.

The commission and staff discussed the reasoning behind the time extensions and the process that these will follow once they are granted. The commission once again, further discussed the proposed R1 zoned area setbacks changes. In addition, the commission discussed height requirements for the setbacks.

No one spoke in favor or opposition of this item.

The commission mentioned that before them on the dais was a memo requesting a modification to Section 30-967 – Requirements related to the number of No Net Loss/Density Bonus Units approved. Staff also mentioned that a comment letter via email was received, which was sent to the commission prior to the meeting, and that the comment letter addressed one portion of the memo on the dais.

The Public Hearing was closed.

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RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2022-015; and,

1. Determine that this Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA, because it has not potential for resulting in physical change in the environment, directly or indirectly. The Planning Commission further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA, that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.; and,

2. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 22-004 to amend Chapter 26 and Chapter 30 of the Municipal Code.

ACTION: Motion was made by Secretary Sanchez, seconded by Commissioner Gordon, and passed by a vote of 3-1 to adopt the Resolution presented, with a modification to deny the extension of the 10-foot setbacks to 3-foot setbacks and leave it at 10 feet, as currently listed on the code.

The motion carried by the following vote:

Aye: Chair Fort, Secretary Sanchez, and Commissioner Gordon Nay: Commissioner Thrasher

Absent: Vice Chair Sangha
UNFINISHED BUSINESS:

A. None
DIRECTOR COMMUNICATIONS:

A. Director Communications:

No further communications were received.

COMMISSION COMMENTS:

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A. Public Communication Remarks:

Commissioner Thrasher thanked staff for the projects presented. In addition, he commented that Fontana has an amazing Information Technology Department and that he was impressed to see how all the technology is ran by one department.

Commissioner Gordon thanked the staff and Director of Planning, Mrs. Nevins for her knowledge and all the information that she brings forward. He also congratulated the new City Clerk, since this is the first time, they have sat together at a Planning Commission meeting; however, he did state that he had the pleasure of serving with her in another commission, so he congratulated her on her appointment. He also requested for those watching at home and those present in the audience to thank and appreciate law enforcement officers during National Police Week. He thanked the police officers present at the meeting and wanted to remind everyone that law enforcement officers go through a lot out in the field, and do their best to keep us all safe, so if you have an opportunity, thank an officer for all that they do.

Secretary Sanchez shared Commissioner Gordon’s sentiments, as a father of law enforcement, and appreciates those that keep us safe, and thanked them. He thanked everyone for being present at the meeting tonight and wished everyone a good night.

Chair Fort mentioned that Fontana is a great place to live, work, and play, but its because of law enforcement, and all those that serve the city. She thanked the law enforcement officer at the dais and those seating out in the public, and those on duty. Furthermore, she stated that we feel safe, and the city is a safer place because of them.

WORKSHOP:

A. None
ADJOURNMENT:

By consensus, the meeting adjourned at 7:11 p.m., in respect and honor of those who lost their lives in Buffalo due to gun violence, to the next Regular Planning Commission Meeting on Tuesday, June 7, 2022 at 6:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. _______________________
Maria Torres
Administrative Secretary

THE FOREGOING MINUTES WERE APPROVED BY THE PLANNING COMMISSION ON THE 7TH DAY OF JUNE 2022.

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_______________________
Cathline Fort
Chairperson
DocuSign Envelope ID: EE2EC564-105C-4D0C-9CEB-8D0370B15E3A 383
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8353 Sierra Avenue
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Re: Master Case No. 22-049 and Municipal Code Amendment No. 22-004 (Item #21-1388) Dear Chair Fort and Planning Commission members:

I am writing on behalf of the Center for Community Action and Environmental Justice to provide comment on Item #21-1388 on the agenda for this evening, May 17, 2022. After reviewing the documents made available regarding the changes, there are a number of comments which we would like to offer in response to what is proposed.

We are concerned with what is contained in Sec. 30-967 – Requirements C. d. of the resolution document regarding the Unit Bank. As written, it indicates that the Unit Bank would have a maximum balance that could not exceed one thousand, two hundred (1,200) units. However, that could result in a situation where the number of units removed due to rezoning could exceed the available capacity of the Unit Bank. Given that SB 330 requires a no net loss in zoned capacity of all units, not just a maximum of 1,200, it is not at all clear how the City would be able to avoid the loss of zoned capacity if the number of downzoned units exceeds the 1,200 limit set for the Unit Bank. Thus, to avoid that outcome, either the capacity limit for the Unit Bank needs to be removed or the City needs to otherwise identify a mechanism to ensure that there is no net loss of units in the situations where the proposed downzoning would exceed the available capacity of the Unit Bank.

The other topic is that of the nature of the bonuses provided under the program. Sec. 30-968 – Types of Bonuses Allowed states that a density bonus will be provided, but nowhere is there a mention of any additional measures that would be provided to actually reduce the cost of building housing such as a reduction in parking minimums (beyond what is provided by the state density bonuses) or the opportunity to improve on the requirements of Table No. 30-434: Residential Development Standards. Failure to do so diminishes the potential for being able to actually develop the units and would exacerbate the issue identified above of having a cap on the maximum number of units available in the Unit Bank by making it less likely for developers to be able to make use of them.

To remedy this issue, it would be ideal to see the types of bonuses for the No Net Loss Program updated to enable changes to those limits contained in Table No. 30-434 as part of the Program.

An ideal starting point would be to enable developers utilizing the Program to apply a 20% reduction in Minimum Dwelling Unit Size for all the Multiple-Family categories and a 30% reduction in Minimum Dwelling Unit Size for the Single-Family categories as well as for the 389

CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE
“Bringing People Together to Improve Our Social and Natural Environment” Mailing Address Physical Address Tel: 951-360-8451
P.O. Box 33124 3840 Sunnyhill Drive, Suite A Fax: 951-360-5950 Jurupa Valley CA 92519 Jurupa Valley CA 92509 www.ccaej.org corresponding lot dimensions and minimum lot size requirements. Similarly, this opportunity needs to be applied to the maximum lot coverage requirements, with a 30% allowable increase over what is listed for Single Family zones and 20% allowable increase over what is listed for Multi-Family zones for projects making use of the Program. These changes are essential to making the Program usable and ensuring that a glut of units does not pile up in the Unit Bank which would ultimately put the City out-of-compliance with SB 330.

Thank you for your time and attention to this matter. If there are any questions, please do not hesitate to reach out to have them answered.

Sincerely,
Marven Norman
Policy Specialist
CCAEJ is a long-standing community based organization with over 40 years of experience advocating for stronger regulations through strategic campaigns and building a base of community power. Most notably, CCAEJ’s founder Penny Newman won a landmark federal case against Stringfellow Construction which resulted in the `Stringfellow Acid Pits’ being declared one of the first Superfund sites in the nation. CCAEJ prioritizes community voices as we continue our grassroots efforts to bring lasting environmental justice to the Inland Valley Region. 390
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Tuesday, June 21, 2022
6:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Resolution PC No. 2022-018
Grover W. Taylor Council Chambers
Planning Commission
Cathline Fort, Chair
Raj Sangha, Vice Chair
Idilio Sanchez, Secretary
Matthew Gordon, Commissioner
Ralph Thrasher, Commissioner
1 ATTACHMENT NO. 7
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Planning Commission Regular Agenda June 21, 2022
Welcome to a meeting of the Fontana Planning Commission.

Welcome to a meeting of the Fontana Planning Commission. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Planning Commission, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such a request to the City Clerk’s Office at (909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335.

Traduccion en Español disponible a peticion. Favor de notificar al Departamento "City Clerk".

Para mayor informacion, favor de marcar el numero (909) 350-7602.

CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

PUBLIC COMMUNICATIONS:

This is an opportunity for citizens to speak to the Planning Commission for up to three minutes on items not on the Agenda, but within the Planning Commission's jurisdiction. The Planning Commission is prohibited by law from discussing or taking immediate action on non-agendized items.

A. Public Communications:

CONSENT CALENDAR:

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Planning Commission votes on them, unless a member of the Planning Commission requests a specific item be removed from the Consent Calendar for discussion. Does any member of the public wish to address the Planning Commission regarding any item on the Consent Calendar before the vote is taken?
A. Approval of Minutes

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2 ATTACHMENT NO. 7
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Planning Commission Regular Agenda June 21, 2022
Approve the Regular Planning Commission Meeting Minutes of June 7, 2022.

CC-A Approval of Minutes of June 7, 2022 21-1490
Attachments: Draft Planning Commission Minutes of June 7, 2022 Approve Consent Calendar Item as recommended by staff.

PUBLIC HEARINGS:

To comment on Public Hearing Items, you may submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 5:00 p.m. on the day of the meeting. You may also fill out a card at the meeting and give it to the City Clerk. Public Comments should be no longer than three (3) minutes. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments
Master Case No. 22-039; Tentative Parcel Map No. 20549 (TPM No. 22-006) and Design Review No. 22-022 - A proposal to consolidate four parcels and for the site and architectural review and approval to construct an industrial commerce center building totaling approximately 77,558 square feet on approximately 4.378 adjusted gross acres.
21-1444
Attachment No. 1 - Vicinity Map
Attachment No. 2 - Project Plans
Attachment No. 3 - Tentative Parcel Map No. 20549.pdf
Attachment No. 4 - PC Resolution
Attachment No. 5 - Notice of Determination
Attachment No. 6 - Public Hearing Notice
Attachments:

Master Case No. 22-013; Tentative Parcel Map No. 20508 (TPM No. 22-002) and Design Review No. 22-007 - A proposal for site and architectural review and approval to construct an
industrial commerce center building totaling approximately 289,875 square feet on approximately 12.4 adjusted gross 21-1455

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acres.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff
recommends that the Planning Commission adopt Resolution PC No. 2022-___; and,

1. Adopt the Addendum and Mitigation, Monitoring, and
Reporting Program (MMRP) to the SWIP PEIR (SCH NO.
2009091089) and direct staff to file a Notice of Determination;

2. Approve Tentative Parcel Map No. 20508 (TPM No. 22-002); and

3. Approve Design Review (DRP) No. 22-007.

APPLICANT:

CPL Slover LLC
2442 Dupont Drive
Irvine, CA 92612
LOCATION:

The project site is located at 14070, 14092 and 14138 Slover Avenue and 10400 Banana Avenue (APNs: 0236-021-02, -03, -20, and -21, and 0236-031-01 and -02).

PROJECT PLANNER:

Alejandro Rico, Associate Planner
Attachment 1 - Vicinity Map.docx
Attachment 2 - Site Plan
Attachment 3 - Planning Commission Resolution and Conditions or Approval
Attachment 4 - Public Hearing Notice
Attachments:

Master Case No. 22-042, Conditional Use Permit No. 22-014 and Design Review No. 22-024 - A request for site and
architectural review for the construction of a two-story building to be used for public assembly (religious facility) and the operation of associated functions by Water of Life
Community Church.

RECOMMENDATION:

Based on the information contained within this staff report and subject to the attached findings, and conditions of 21-1457

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approval, staff recommends that the Planning Commission adopt Resolution PC No. 2022 - _____: and,

1. Determine that the project is Categorically Exempt pursuant to Section No. 15332, (Class No. 32, In-Fill) of the California Environmental Quality Act and Section No. 3-18 (Infill Projects) of the 2019 Local Guidelines for implementing the CEQA, and direct staff to file a Notice of Exemption; and,

2. Approve Conditional Use Permit No. 22-014; and,

3. Approve Design Review No. 22-024.

APPLICANT:

Raymond Allard
16866 Seville Avenue
Fontana, CA 92335
LOCATION:

The project site is located on the south side of Arrow Avenue, between Tokay Avenue and Citrus Avenue (APN: 0232-201-12 and -13).

PROJECT PLANNER:

Cecily Session-Goins, Associate Planner
Attachment No. 1 - Vicinity Map
Attachment No. 2 - Project Plans
Attachment No. 3 - Planning Commission Resolution
Attachment No. 4 - Notice of Exemption
Attachment No. 5 - Public Hearing Notice
Attachments:

Master Case No. 22-071 and Municipal Code Amendment No. 22-005 - Fontana Municipal Code amendment to Chapter 30 (Zoning and Development Code).

RECOMMENDATION:

Based on the information in the staff report staff recommends that the Planning Commission adopt Resolution PC No.
2022-___; and,

1. Determine that this Ordinance is categorically exempted pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be with 21-1469

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certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and,

2. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 22-005 to amend Chapter 30 of the Municipal Code.

APPLICANT:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:

Citywide
PROJECT PLANNER:

Rina Leung, Senior Planner
Attachment No. 1 - Planning Commission Resolution and
Exhibit A
Attachment No. 2 - Notice of Exemption
Attachment No 3 - Notice of Public Hearing .doc
Attachments:

Master Case No. 22-072, Municipal Code Amendment No.
22-006 - Request to approve Master Case No. 22-72;
MCA22-006; Request to approve Ordinance No. 2022-XX
Repealing Sections 30-6 Through 30-11 of Division 3 of Article 1 of Chapter 30, Amending Chapter 30 Permitted Uses, And Adding Chapter 33, “Cannabis Businesses And Activities.” RECOMMENDATION:

Based on the information contained within this staff report and subject to the attached findings, staff recommends that the Planning Commission adopt Resolution PC No.
2022 - _____: and,

1. Determine that the project is Categorically Exempt pursuant to Section No. 15061(B)(3) (the “common sense” exemption), or, in the alternative, Section 15303 (Class No. 3, Small Structures) of the California Environmental Quality Act and Section No. 3-22 (Categorical Exemptions) of the 2019 Local Guidelines for implementing the CEQA, and direct staff to file a Notice of Exemption; and,

2. Approve a resolution recommending that the City Council adopt an ordinance for Municipal Code Amendment (MCA) No. 21-1473

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22-006 to amend Chapter 30 of the Fontana Municipal Code and add Chapter 33, “Cannabis Businesses and Activities”.

APPLICANT:

City of Fontana - Planning Department
8353 Sierra Avenue
Fontana, CA 92355
LOCATION:

Citywide
PROJECT PLANNER:

Patty Nevins, Director of Planning
Attachment No. 1 - Planning Commission Resolution
Attachment No. 2 - Commercial Cannabis Business Ordinance Attachment No. 3 - Cannabis Areas Map
Attachment No. 4 - Cannabis Permit Process Integrity
Resolution
Attachment No. 5 - Notice of Public Hearing
Attachments:

Master Case No. 21-126; Tentative Parcel Map No. 20485 (TPM No. 21-026), Tentative Tract Map No. 20511 (TTM No. 21-010), Conditional Use Permit No. 21-024 and Design Review No. 21-049; A request for site and architectural approval for the development of 143 condominium units (96 attached
motorcourt units and 47 detached cluster units) in a Planned Unit Development (PUD) and to subdivide the subject 10.3 acre site for condominium purposes.

RECOMMENDATION:

Based on the information contained within this staff report, and subject to the attached findings and Conditions of
Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2022- _____, to:

1. Adopt the Addendum and Mitigation, Monitoring and
Reporting Program (MMRP) to the Lytle Creek Apartments EIR (SCH No. 2005021054) and direct staff to file a Notice of Determination; and,

2. Approve Tentative Parcel Map No. 20485 (TPM No. 21-026)

3. Approve Tentative Tract Map No. 20511 (TTM No. 21-010);

4. Approve Conditional Use Permit No. 21-024; and
21-1474

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5. Approve Design Review No. 21-049.

APPLICANT:

Ryan Combe
Lennar Homes
980 Montecito Drive, Suite No. 302
Corona, CA 92879
LOCATION:

The project site is located on the south side of Sierra Lakes Parkway between Lytle Creek Road and Maloof Avenue (APNs:
1108-052-02, -03, -04, -05, -06, -07, -08, -09, -10, -11, -12, -13, -14, -15, -16, -17)
PROJECT PLANNER:

Cecily Session-Goins, Associate Planner
Attachment No. 1 - Vicinity Map
Attachment No. 2 - Project Plans
Attachment No. 3 - Planning Commission Resolution and
Conditions of Approval
Attachment No. 4 - Planned Unit Development (PUD) Document Attachment No. 5 - Notice of Determination
Attachment No. 6 - Public Hearing Notice
Attachments:

Master Case No. 18-097R1; Design Review No. 21-032 - a
proposal to construct twelve two-story single-family primary homes, five (single-story) standard detached accessory
dwelling units, seven (single-story) non-standard detached accessory dwelling units, and four attached junior accessory dwelling units on a previously approved/recorded tract map (Tentative Tract Map No. 20230).

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff
recommends that the Planning Commission adopt Resolution PC No. 2022-___; and,

1. Determine that the project is Categorically Exempt pursuant Section No. 15332, (Class No. 32, In-Fill Development Project) and Section No. 3-18 (In-Fill Projects of the 2019 Local Guidelines for implementing CEQA, and direct staff to file a Notice of Exemption; and

2. Approve Design Review No. 21-032.
21-1488

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APPLICANT:

Andresen Architecture, Inc.
17087 Orange Way
Fontana CA 92335
LOCATION:

The project site is located on the north side of Merrill Avenue east of Palmetto Avenue, the project site is otherwise
identified as 8844, 8843, 8851, 8859, 8864, 8667, 8876, 8877, 8884, 8885, 8892, and 8893 Encinitas Court (APNs:
0192-242-61, -62, -63, -64, -65, -66, -67, -68, -69, -70, -71, and -72)
PROJECT PLANNER:

Jon S. Dille, Associate Planner
Attachment No. 1 - Vicinity Map
Attachment No. 2 - Project Plans
Attachment No. 3 - Planning Commission Resolution and
Conditions of Approval
Attachment No. 4 - Notice of Exemption
Attachment No. 5 - Public Hearing Notice
Attachments:

UNFINISHED BUSINESS:

A. None
NEW BUSINESS:

A. None
DIRECTOR COMMUNICATIONS:

A. Director Communications:

DC-A Upcoming cases scheduled for City Council and Planning Commission.

An update of future City Council agenda items for June 28, 2022, July 12, 2022, and July 26, 2022 for the Planning Commission's information.

An update of future Planning Commission agenda items for July 5, 2022 and July 19, 2022 for the Planning
Commission's information.
21-1489

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Planning Commission Regular Agenda June 21, 2022
Upcoming City Council Items Memo
Upcoming Planning Commission Items Memo
Attachments:

COMMISSION COMMENTS:

A. Planning Commission Remarks:

WORKSHOP:

A. None
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular Planning Commission Meeting on Tuesday, July 5, 2022 at 6:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

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ATTACHMENT NO.
10 7
412
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1490 Agenda Date: 6/21/2022
Agenda #: CC-A Category: Consent Calendar
FROM:

Planning
TITLE:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the Planning Commission Meeting of June 7, 2022.

DISCUSSION:

The Planning Commission will consider approval of the minutes of a Regular Planning Commission meeting of June 7, 2022. The draft minutes are attached to this report for the Planning Commission to review and approval.

MOTION:

Approve staff recommendation.

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ATTACHMENT NO. 7
413
Tuesday, June 7, 2022
6:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Grover W. Taylor Council Chambers
Planning Commission
Cathline Fort, Chair
Raj Sangha, Vice Chair
Idilio Sanchez, Secretary
Matthew Gordon, Commissioner
Ralph Thrasher, Commissioner
Minutes

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12 ATTACHMENT NO. 7
414
CALL TO ORDER/ROLL CALL:

The Regular Meeting of the Fontana Planning Commission was held on Tuesday, June 7, 2022, in the Grover W. Taylor Council Chambers at 8353 Sierra Avenue, Fontana, California.

Chair Fort called the meeting to order at 6:02 p.m.

ROLL CALL:

Present: Chair Fort, Vice Chair Sangha, Secretary Sanchez, and Commissioner Thrasher.

Absent: Commissioner Gordon
INVOCATION/PLEDGE OF ALLEGIANCE:

Following the Invocation by Commissioner Thrasher, the Pledge of Allegiance was led by Vice Chair Sangha.

PUBLIC COMMUNICATIONS:

There were no public communications received.

CONSENT CALENDAR:

ACTION: Motion was made by Secretary Sanchez, seconded by Vice Chair Sangha, and passed unanimously by a vote of 4-0 to adopt Consent Calendar Item-A (Approval of May 17, 2022 Minutes) with one correction to Public Hearing Item-D: Remove word "unanimously" as item was passed by a vote of 3-1.

The motion carried by the following vote:

Chairperson Fort, Vice Chair Sangha, Secretary Sanchez and Commissioner Thrasher

Aye:

A. Approval of Minutes
Approve the Regular Planning Commission Meeting Minutes of May 17, 2022.

CC-A Approval of Minutes of May 17, 2022 21-1430
PUBLIC HEARINGS:

PH-A Master Case No. 22-033 and Conditional Use Permit No. 22-010 - a proposal to operate a new massage establishment within an existing suite of approximately 1,140 square feet of an existing commercial center over approximately 0.5 adjusted gross acres.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff
recommends that the Planning Commission adopt
Resolution PC No. 2022-016; and,

1. Determine that the project is Categorically Exempt pursuant 21-1394

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ATTACHMENT NO.
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415
Planning Commission Minutes June 07, 2022
to Section No. 15301 and Section No. 15332, of the California Environmental Quality Act and Section No. 3-18 and Section No. 3-22 of the 2019 Local Guidelines for Implementing CEQA and direct staff to file a Notice of Exemption; and,

2. Approve Conditional Use Permit No. 22-010.

APPLICANT:

Well Relax Massage
13420 Gettysburg Street
Fontana, CA 92336
LOCATION:
13451 Baseline Avenue, Suite "C" (APN: 1100-771-09).

PROJECT PLANNER:

Jon S. Dille, Associate Planner
Chair Fort opened Public Hearing Item PH-A.

Associate Planner Jon Dille provided the staff report.

No written communications were received.

The Commission inquired about the hours of operation.

Associate Planner Dille stated the hours of operation will be conditioned to be from 8:00 a.m. to 8:00 p.m.

Applicant Haiyan Ma, acknowledged that she had read and agreed to the Conditions of Approval.

Director Nevins requested a modification to Condition of Approval No. 8 regarding the hours of operation. Condition of Approval No. 8 states that hours of operation are from 9:00 a.m. to 10:00 p.m. The modification will change the hours of operation to be from 8:00 a.m. to 8:00 p.m.

Applicant Haiyan Ma, stated she was in agreement with Condition of Approval No. 8 Hours of Operation modification to be from 8:00 a.m. to 8:00 p.m.

There were no public communications received for this item.

The Public Hearing was closed.

ACTION: Motion was made by Commissioner Thrasher, seconded by Secretary Sanchez, and passed unanimously by a vote of 4-0 to adopt

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14 ATTACHMENT NO. 7
416
Planning Commission Minutes June 07, 2022
Public Hearing Item PH-A with modification to Condition No. 8 hours of operation to be from 8:00 a.m to 8:00 p.m.

The motion carried by the following vote:

Chairperson Fort, Vice Chair Sangha, Secretary Sanchez and Commissioner Thrasher

Aye:

PH-B Master Case No. 21-047, Tentative Tract Map No. 20546 (22-003) and Design Review No. 21-019 - a request for the subdivision of an existing 0.42 acre lot into a condominium map and design and architecture review of eight (8)
condominiums.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff
recommends that the Planning Commission adopt
Resolution PC No. 2022-017; and,

1. Determine that the project is categorically exempt pursuant to Section No. 15332 (Class No. 32, Infill Development), and Section No. 3.22 of the 2019 Local Guidelines for Implementing the CEQA, and direct staff to file a Notice of Exemption; and,

2. Approve Tentative Tract Map (TTM) No. 20546 (22-003); and,

3. Approve Design Review Permit No. 21-019.

APPLICANT:

Rick Fujimoto
Cyrus Opportunity Zone
P.O. Box 17028
Irvine, CA 92623
LOCATION:
16385 Valencia Avenue (APN: 0191-201-40)
PROJECT PLANNER:

George Velarde, Assistant Planner
21-1405
Chair Fort opened Public Hearing Item PH-B.

Assistant Planner George Velarde provided the staff report.

No written communications were received.

The commission thanked staff for the project and discussion ensued regarding

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ATTACHMENT NO.
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417
Planning Commission Minutes June 07, 2022
the availability of extra/off-site parking.

The commission requested staff going forward to encourage developers to present more modern architectural designs.

Applicant Rick Fujimoto, acknowledged that he had read and agreed to the Conditions of Approval.

The commission thanked the applicant for bringing this project to Fontana.

Director Nevins requested a Condition of Approval regarding maintenance of common improvements to be added.

Discussion ensued regarding the different mechanisms of maintaining common improvements such as Homeowners' Association (HOA) and Covenants, Conditions, and Restrictions (CC&Rs).

Applicant Rick Fujimoto, stated that they will have a mechanism to address the maintenance of common areas.

There were no public communications received for this item.

The Public Hearing was closed.

ACTION: Motion was made by Commissioner Thrasher, seconded by Vice Chair Sangha, and passed unanimously by a vote of 4-0 to adopt this Public Hearing Item PH-B with the exceptions noted on the HOA and other mechanisms of maintaining the common areas.

The motion carried by the following vote:

Chairperson Fort, Vice Chair Sangha, Secretary Sanchez and Commissioner Thrasher

Aye:

DIRECTOR COMMUNICATIONS:

A. Director Communications:

Deputy City Manager Development Services Phillip Burum reminded the public that tonight is election night and the city is open until 8:00 p.m to accommodate Primary Election Ballot drop-Off.

Planning Director Nevins welcomed City Clerk McClelland Key to the dais and congratulated her on her recent appointment; and thanked Administrative Secretary Maria Torres for her tremendous commitment, hard work and support on the dias. Expressed her appreciation of Secretary Jenny Espinoza as well.

City Clerk McClellan Key echoed Director Nevins’ comments and thanked Administrative

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ATTACHMENT NO.
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418
Planning Commission Minutes June 07, 2022
Secretary Torres for the support and hard work.

COMMISSION COMMENTS:

A. Planning Commission Remarks:

Commissioner Thrasher thanked Planning and Information Technology departments staff for their hard work and support of the commission.

Commissioner Sanchez echoed Commissioner Thrasher’s comments and thanked staff for their hard work, dedication and support of the commission; congratulated his daughter on her recent marriage. He wished everyone a good night and blessings.

Commissioner Sangha echoed his fellow commissioners’ comments and thanked staff for the staff reports and IT staff for their support. He believes there are great business and development projects that are coming to Fontana.

Chair Fort congratulated Commissioner Sanchez on his daughter's marriage; wished her dad a happy 86th birthday; she also asked that tonight’s meeting be adjourned in memory of the victims of the Uvalde, Texas shootings.

ADJOURNMENT:

By consensus, the Planning Commission meeting adjourned at 6:34 p.m. in memory of the victims of the Uvalde, Texas shootings to the next Regular Planning Commission Meeting on Tuesday, June 21, 2022, at 6:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_______________________
Evelyne C. Ssenkoloto
Senior Administrative Analyst

THE FOREGOING MINUTES WERE APPROVED BY THE PLANNING COMMISSION ON THE 21ST DAY OF JUNE 2022.
_______________________
Cathline Fort
Chairperson

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17 ATTACHMENT NO. 7
419
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1444 Agenda Date: 6/21/2022
Agenda #: Category: Public Hearing
FROM:

Planning Department
TITLE:

Master Case No. 22-039; Tentative Parcel Map No. 20549 (TPM No. 22-006) and Design Review No. 22-022 - A proposal to consolidate four parcels and for the site and architectural review and approval to construct an industrial commerce center building totaling approximately 77,558 square feet on approximately 4.378 adjusted gross acres.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2022-___; and,

1. Adopt the Addendum and Mitigation, Monitoring, and Reporting Program (MMRP) to the SWIP PEIR (SCH NO. 2009091089) and direct staff to file a Notice of Determination; and,

2. Approve Tentative Parcel Map No. 20549 (TPM No. 22-006)

3. Approve Design Review (DRP) No. 22-022
APPLICANT:

Luke Rutherford
Citrus LPIV 11 LLC
2442 Dupont Drive
Irvine, CA 92612
LOCATION:

The project site is located at 11208, 11232, and 11236 Citrus Avenue and 16056 Jurupa Avenue (APNs: 0237-191-15, -33, -36 and -48), west of Citrus Avenue and north of Jurupa Avenue.

REQUEST:

Tentative Parcel Map No. 20549 (TPM No. 22-006) - a proposal to consolidate four (4) parcels (APN:
0237-191-15, -33, -36 and -48) into one parcel comprised of approximately 4.66 adjusted gross acres for the development of one (1) industrial commence center building.

Design Review No. 21-022 - a proposal for site and architectural review for a proposed industrial facility totaling approximately 77,558 square feet on 4.66- adjusted gross acres. The proposed building will be approximately 77,558 square feet (including 5,500 square feet of office).

PROJECT PLANNER:

Salvador Quintanilla, Senior Planner
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ATTACHMENT NO.
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File #: 21-1444 Agenda Date: 6/21/2022
Agenda #: Category: Public Hearing
BACKGROUND INFORMATION:

General Plan Zoning Existing Land Use
Site: Light Industrial (IL)Southwest Industrial Park
Specific Plan (SWIP) Jurupa
North Research and
Development District (JND)
Vacant nonconforming SingleFamily Residential
North: Light Industrial (IL)Southwest Industrial Park
Specific Plan (SWIP) Slover
East Industrial (SED)
Detention Basin for
Commerce Building
South: ResidentialPlanned
Community (RPC)
Southridge Village Specific
Plan
Single-Family
Residential
East: Light Industrial (IL)Southwest Industrial Park
Specific Plan (SWIP) Jurupa
North Research and
Development District (JND)
Commerce Center
Building
West: Light Industrial (IL)Southwest Industrial Park
Specific Plan (SWIP) Jurupa
North Research and
Development District (JND)
Commerce Center
Building and Gas
Station
PROJECT DESCRIPTION:

A. Site Area: Approximately 4.66 adjusted gross acres (4.37 net acres) Parcel No. 1: 1.1 adjusted gross acres
Parcel No. 2: 1.3 adjusted gross acres
Parcel No. 3 1.3 adjusted gross acres
Parcel No. 4: 0.96 adjusted gross acres

4.66 adjusted gross acres total
B. Floor Area Ratio: Maximum: .55
Proposed: .40
C. Building/Unit Analysis:

Office Area: Approximately 5,500 Square Feet
Warehouse Area: Approximately 73,058 Square Feet
Total Area: Approximately 77,558 Square Feet
D. Parking Analysis:

Vehicle Spaces
Required: 67 Spaces
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ATTACHMENT NO.
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421
File #: 21-1444 Agenda Date: 6/21/2022
Agenda #: Category: Public Hearing
Provided: 54 Spaces *
· Allow to have a 20% reduction for consolidation of parcels per SWIP Section 7.10(C)- 2b
Loading Spaces
Required: 3 Spaces
Provided: 12 Spaces
E. Landscaping:

Parcel No. 1
Minimum Required: 15 Percent (13,338 Square Feet)
Proposed: 24 Percent (21,702 Square Feet)
ANALYSIS:

The applicant, Citrus LPIV, LLC, is requesting that the Planning Commission review and approve a new industrial commerce facility on four (4) contiguous parcels. In addition to the construction of the building and associated site improvements, the project will include off-site improvements for curb, gutter, and sidewalk along Jurupa Avenue.

Tentative Parcel Map No. 20549 (TPM No. 22-006):

Tentative Parcel Map No. 20549 will consolidate four (4) existing parcels (APN: 0237-191-15, -33, -36 and -48) into one parcel in order to develop one warehouse facility. The proposed tentative parcel map meets all the minimum lot dimensions (minimum 200 feet in lot width and 200 feet in lot depth per lot) and size requirements (minimum of 45,000 square feet per lot).

The project site is currently developed with four non-conforming residential related uses. As ultimately configured, the project site will wrap to the north and west of an existing commercial property (gasoline station and convenience store) located at the northwest corner of Jurupa Avenue and Citrus Avenue.

Design Review No. 22-022:

As previously mentioned, the proposed project consists of the construction of a commerce center facility on one parcel. The warehouse facility is speculative and have not been designed for a particular tenant.

The proposed building will be approximately 77,558 square feet in size and will include 12 dock doors/loading spaces and 54 vehicle parking spaces. The site will be accessed by two (2) driveway one along Jurupa Avenue and the second along Citrus Avenue. Additionally, the trucks will enter via Jurupa Avenue driveway, which has more than 140 feet of stacking. The majority of the automobile parking will be located on the northern portion of the site, along Citrus Avenue. Additional trailer parking is proposed on the southern portion of the site facing Jurupa Avenue. The unloading/loading dock area for the trucks is proposed on the southern portion of the project site and will not be visible from the public right-of-way due to the design of the 14-foot high concrete tilt up screen wall and dense landscaping.

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ATTACHMENT NO.
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File #: 21-1444 Agenda Date: 6/21/2022
Agenda #: Category: Public Hearing
The use of glazing and a variety of colors and materials will add visual interest to the building.

Variations to the building faces and roof lines, with tower elements proposed at 40-feet will add structure interest and will be aesthetically pleasing. The building will incorporate ample windows, decorative scoring, decorative lighting, cornices along the roof lines, metal canopies and a modern monochromatic color scheme (including black window frames and mullions). The proposed building will be complimentary to the surrounding area.

The project site is physically suitable in size and shape to support the development of the proposed warehouse facility. Applicable building codes, zoning codes, specific plan and fire codes and standards, will be met making for a safe, attractive, and well-designed project. Additionally, the project meets the new Sustainability Ordinance requirements. Currently, the surrounding area reflects industrial and legal nonconforming residential uses. The project design incorporates safety measures for automobiles accomplished by limiting the truck traffic to the Jurupa entrance/exit and the automobile traffic to Citrus Avenue in addition to other measures. Safety measures in pedestrian areas include dedicated sidewalks connecting to the site, ADA path of travel to the building, placement of office areas away from truck dock areas . The proposal provides a development that has been designed with features (architectural relief, landscaping, street improvements, and lighting), to enhance the character of the surrounding neighborhood MOTION:

Approve staff recommendation
ATTACHMENTS:

Attachment No. 1 - Vicinity Map
Attachment No. 2 - Project Plans
Attachment No. 3 - Tentative Parcel Map No. 20549
Attachment No. 4 - Planning Commission Resolution PC 2022-___ Attachment No. 5 - Notice of Determination
Attachment No. 6 - Public Hearing Notice
UNDER SEPARATE COVER:

Full-Size Plans
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ATTACHMENT NO. 7
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ATTACHMENT NO. 1

VICINITY MAP
DATE: June 21, 2022
CASE: Master Case No. 22-039
Tentative Parcel Map No. 20549 (TPM
No. 22-006)
Design Review No. 22-022

CITY OF FONTANA PLANNING DEPARTMENT
Project Site
NNORTH
22 ATTACHMENT NO. 7
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23 7
425
24 ATTACHMENT NO. 7
426
ATTACHMENT NO.
25 7
427
ATTACHMENT NO.
26 7
428
27 ATTACHMENT NO. 7
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ATTACHMENT NO.
28 7
430
ATTACHMENT NO.
29 7
431
ATTACHMENT NO.
30 7
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ATTACHMENT NO.
31 7
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ATTACHMENT NO.
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33 ATTACHMENT NO. 7
435

BUILDING AREA
77,558 S.F.

J U R U P A A V E N U E

C I T R U S A V E N U E

EV CHARGING
ONLY
VAN NO

PARKING NOPARKING NOPARKING

EV CHARGING
ONLY

EV CHARGING

ONLY CLEAN AIRVEHICLE CLEAN AIRVEHICLE CLEAN AIRVEHICLE CLEAN AIRVEHICLE CLEAN AIRVEHICLE CLEAN AIRVEHICLE CLEAN AIRVEHICLE

EMPLOYEE
BREAK
AREA

1.3 1.8 2.8 3.1 2.5 1.7 1.5 1.8 2.7 3.0 2.3 1.6 1.4 1.7 2.7 3.0 2.3 1.6 1.4 1.7 2.6 2.9 2.2 1.5 1.3 1.5 2.3 2.9 2.4 1.3

1.7 2.8 4.4 4.6 3.3 2.4 1.8 1.5 1.4 1.4 1.4 1.3 1.4 1.6 2.0 2.6 3.4 4.9 5.7 4.4 3.5 3.3 3.6 4.8 5.5 4.2 3.3 3.2 3.5 4.7 5.4 4.1 3.2 3.1 3.3 4.5 5.3 4.0 3.1 2.9 3.1 4.1 5.3 4.1 2.6

1.2 1.9 2.7 3.8 4.0 3.1 2.8 2.3 1.9 1.9 1.9 1.9 1.7 1.7 2.0 2.5 2.8 3.0 3.7 3.9 3.4 3.2 3.2 3.1 3.4 3.6 3.2 2.9 3.0 2.9 3.1 3.3 2.9 2.7 2.7 2.6 2.9 3.1 2.8 2.6 2.8 2.8 3.0 3.3 2.9 2.21.2 1.8 2.5 3.2 3.3 2.8 2.9 2.7 2.3 2.4 2.6 2.5 2.2 2.2 2.5 3.0 2.9 3.0 3.2 3.1 2.9 2.7 2.7 2.6 2.7 2.7 2.6 2.5 2.4 2.3 2.3 2.3 2.2 2.1 2.1 2.0 2.1 2.0 2.0 2.1 2.4 2.5 2.6 2.6 2.5 2.1 1.71.1 1.6 2.3 2.9 3.4 3.2 4.0 3.6 3.1 3.3 4.0 3.7 3.0 3.0 3.6 3.7 3.5 3.0 2.7 2.4 2.3 2.3 2.2 2.1 1.9 1.9 2.0 2.0 1.9 1.7 1.5 1.4 1.4 1.5 1.4 1.3 1.2 1.1 1.3 1.6 1.9 2.1 2.1 2.0 2.1 1.9 1.71.0 1.4 2.1 3.1 4.0 3.4 4.2 3.9 3.5 3.9 4.5 4.2 3.6 3.5 4.0 4.1 4.0 3.2 2.6 2.1 2.1 2.1 2.0 1.8 1.7 1.7 1.8 1.9 1.8 1.6 1.5 1.4 1.4 1.4 1.4 1.2 1.1 1.1 1.2 1.5 1.7 2.1 2.3 2.6 3.0 2.6 2.01.0 1.1 1.7 2.6 2.6 1.7 1.9 1.8 2.0 2.1 2.3 2.3 2.0 1.9 1.9 2.3 2.4 2.3 2.2 2.2 2.1 2.0 2.0 1.9 1.9 1.9 1.8 1.8 2.0 2.2 2.4 2.7 3.3 3.7 3.0 2.01.0 1.3 2.0 3.2 3.0 2.7 2.7 2.3 2.2 2.5 3.1 3.1 2.6 2.3 2.5 3.1 3.5 3.2 3.0 3.2 3.1 2.8 2.6 2.6 2.5 2.7 2.8 2.5 2.4 2.5 2.6 2.9 3.4 3.2 2.41.1 1.3 1.9 2.6 2.7 3.0 3.0 2.7 2.5 2.9 3.4 3.4 2.9 2.5 2.7 3.0 3.0 3.9 3.9 4.8 5.3 4.0 3.3 3.1 3.3 4.4 5.0 3.7 3.0 2.8 3.1 4.0 5.4 4.5 2.81.1 1.3 1.8 2.3 2.3 2.5 4.2 5.0 3.8 2.6 2.2 2.7 4.0 4.4 3.4 2.0 1.5 1.6 2.3 2.9 2.5 1.41.1 1.3 1.8 2.2 2.21.1 1.4 1.9 2.5 2.61.1 1.4 2.1 3.2 3.01.1 1.4 2.1 3.3 3.21.1 1.4 1.9 2.6 2.71.0 1.3 1.7 2.2 2.31.0 1.3 1.7 2.2 2.21.0 1.3 1.8 2.4 3.11.0 1.2 1.9 2.9 5.7

1.7 2.6 6.91.3 1.7 5.11.0 1.2 2.1
Calculation SummaryLabel CalcType Units Avg Max Min Avg/Min Max/Min Site Illuminance Fc 2.56 6.9 1.0 2.56 6.90
SHEET:

These drawings must not
be used for constructionuntil approved by Gregg
Electric. These drawings
are the exclusive
property of Gregg
Electric. Its acceptance
constitutes an agreement
that it shall be treated as
a strictly confidential
document and is to be
returned upon request
and is not to be
communicated, disclosed
or copied except as
expressly authorized in
writing by Gregg Electric.

JOB NO:

DRAWN BY:DATE:SCALE:

REVISION:
2/8/22
A: - B: - C:D:E:F:G:H:J:K: -------- DATE ----- 608 W. EMPORIA ST.

Lic No. 201042

ENGINEERS

CONTRACTORS
ONTARIO, CA 91762
(909) 983-1794

E S L E C T R I C A L R E G I
S T E R E D P R O F E S S I O N A L E N G I N E E R G L E N D. T A S O N

T A T E O F C A L I F O R N I A
NO. E15470
Exp. 06/30/23
PROJECT:

CITRUS AVE

FONTANA,CA
CITRUS

PROJECT
BY---------- GT/SL ---------- TITLE: SITE LIGHTING PLAN ESL1
1"=30'-0"

GRAPHIC SCALE
(SCALE 1"=30'-0")
0 30 15 15
30 45
60 22.5 7.5
PL4-4HS A
PL4-4HS A
PL4-4HS A
PL4-4HS A
PL4-4HS A
PL4-4HSA
PL4-4HSA
PL4-4HSA
PL2-4HS A
WL2-4A
WL2-4A
WL2-4A
WL2-4A
WL2-4A
WL2-4A
WL2-4
A
WL2-4
A
WL2-4
A
PL1-3A
A
WL1
A
WL1
(SCALE: 1"=30'-0")

SITE LIGHTING PLAN

CAL GREEN BUG TABLE
SYMBOL DESCRIPTION BUG RATING COMPLIES WITH CAL GREEN 5.106.8

FIXTURE LEGEND
B2-UO-G2 PL1-3 YES TYPE 3 (RSX2-LED-P1-50K-R3) LED CUT-OFF ON 25' SQUARE STEEL POLE ON 2'-6" HIGH CONC BASE IN AUTO PARKING & 4' HIGH CONC BASE IN TRUCK YARD AND NO UPTILT*
B1-UO-G2 PL2-4HS YES TYPE 4 (RSX2-LED-P2-50K-R4-HS) LED CUT-OFF W/HOUSE SIDE SHIELD ON 25' SQUARE STEEL POLE ON 2'-6" HIGH CONC BASE IN AUTO PARKING & 4' HIGH CONC BASE IN TRUCK YARD AND NO UPTILT* B1-UO-G3 PL4-4HS YES TYPE 4 (RSX2-LED-P4-50K-R4-HS) LED CUT-OFF W/HOUSE SIDE SHIELD ON 25' SQUARE STEEL POLE ON 2'-6" HIGH CONC BASE IN AUTO PARKING & 4' HIGH CONC BASE IN TRUCK YARD AND NO UPTILT* B2-UO-G3 TYPE 4 (RSX2-LED-P2-50K-R4) LED CUT-OFF AT 32' AFF WL2-4 YES * - SEE ARCHITECTURAL PLANS FOR ACTUAL POLE BASE HEIGHTS WL1 INDESSA 508 LED DECORATIVE

WALL SCONCE

SITE LIGHTING STATISTICS
34 ATTACHMENT NO.
7 436
35 ATTACHMENT NO. 7
437
36 ATTACHMENT NO. 7
438
37 ATTACHMENT NO. 7
439
ATTACHMENT NO. 3
RESOLUTION PC NO. 2022-___

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
FONTANA APPROVING TENTATIVE PARCEL MAP NO. 20549 (TPM NO. 22-006) AND DESIGN REVIEW PROJECT NO. 22-022 FOR THE SITE AND

ARCHITECTURAL REVIEW OF A PROPOSED INDUSTRIAL COMMERCE
CENTER BUILDING TOTALING APPROXIMATELY 77,558 SQUARE FEET ON A 4.66 ADJUSTED GROSS ACRE SITE LOCATED AT 11208, 11232, AND 11236 JURUPA AVENUE AND 16056 CITRUS AVENUE (APNS: 0237- 191-15, -33, -36 AND -48), WEST OF CITRUS AVENUE AND NORTH OF JURUPA AVENUE.

WHEREAS, the City of Fontana received a Tentative Parcel Map and Design Review application on March 14, 2022, for site and architectural review and lot consolidation to construct a warehouse facility totaling approximately 77,558 square feet on a 4.66 adjusted gross acre site (APN: 0237-191-15, -33, -36 and -48) (collectively, the “Proposed Project”).

Project Applicant: Luke Rutherford
Citrus LPIV 11, LLC
2442 Dupont Drive
Irvine, CA 92612
Project Location: 11208, 11232, and 11236 Citrus Avenue and 16056 Jurupa Avenue (APNs: 0237-191-15, -33, -36 and -48), west of Citrus Avenue and north of Jurupa Avenue.

Site Area: 4.66 adjusted gross acres (Parcel No. 1: 1.1 adjusted gross acres, Parcel No. 2: 1.3 adjusted gross acres, Parcel No. 3:

1.3 adjusted gross acres, and Parcel No. 4: 0.96 adjusted gross acres)
WHEREAS, all notices required by statute or the City Municipal Code have been given as required; and
WHEREAS, the proposal is for the construction of a warehouse facility totaling approximately 77,558 square feet; and
WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and WHEREAS, Conditions of Approval have been prepared and attached hereto as Exhibit “A” for the Tentative Parcel Map No. 20549 (TPM No. 22-006) and Exhibit “B” for the Design Review Project No. 22-022; and
WHEREAS, the subject site, approximately 4.66 adjusted gross acres (4.37 net ATTACHMENT NO.
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acres), and was annexed from San Bernardino County into the City of Fontana on September 19, 2006 (Annex 168_D); and
WHEREAS, pursuant to the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (“CEQA”), and the State CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.) the City determined that a Program Environmental Impact Report (FEIR) be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the SWIP Specific Plan Update and Annexation Area; and WHEREAS, the City prepared and certified the Final Program EIR (FEIR) on May 8, 2012 for the SWIP Specific Plan Update, consisting of comments received during the 45-day public review and comment period on the Draft FEIR, written responses to those comments, and revisions and errata to the Draft FEIR. For the purposes of this Resolution, the “FEIR” shall refer to the Draft FEIR, as revised by the Final FEIR’s errata section, together with the other sections of the Final FEIR; and WHEREAS, the SWIP Specific Plan Update was approved and adopted by the City of Fontana (City) on May 8, 2012 pursuant to the certified FEIR; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines Section 15162 require additional environmental review; and
WHEREAS, by way of preparation of an addendum for the project site, staff evaluated the proposed project in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166, State CEQA Guidelines section 15162 and City of Fontana’s 2019 Local Guidelines for Implementing CEQA by preparing an Initial Study and accompanying technical reports (Addendum); and WHEREAS, based on that evaluation, staff concluded that the FEIR fully analyzed and mitigated, where feasible, all potentially significant environmental impacts, if any, that would result from the Proposed Project, and therefore, no subsequent EIR or mitigated negative declaration is required; and
WHEREAS, pursuant to State CEQA Guidelines Section 15164, subdivision (c), the Addendum is not required to be circulated for public review, but can be included within the public record with the FEIR; and
WHEREAS, pursuant to the Fontana Zoning and Development Code, industrial facilities over 49,999 square feet require the submittal and approval of a Design Review application by the Planning Commission; and
WHEREAS, pursuant to Chapter 26 of the Fontana Municipal Code, subdividing up to four (4) parcels or combining parcels requires a Tentative Parcel Map Application; and,
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WHEREAS, the owners of property within 660 feet of the proposed project site were notified via public hearing notice mailer prior to the Public Hearing; and a notice of the public hearing was published in the local Sun newspaper on June 10, 2022, posted at City Hall, and onsite at the project site; and
WHEREAS, on June 21, 2022, a duly noticed public hearing on Tentative Parcel Map No. 20549 (TPM No. 22-006) and Design Review No. 22-022 was held by the Planning Commission to consider testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto; and WHEREAS, the Planning Commission carefully considered all information pertaining to the proposed project, including the staff report, findings, and all of the information, evidence, and testimony presented at its public hearing on June 21, 2022; and
WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred.

NOW, THEREFORE, the Planning Commission RESOLVES as follows:

Section 1. Recitals. The above recitals are incorporated herein by reference.

Section 2. Compliance with California Environmental Quality Act. As the decision-making body for the Project, the Planning Commission has reviewed and considered the Southwest Industrial Park Specific Plan FEIR and Addendum, any oral or written comments received, and the administrative record prior to making any decision on the Proposed Project. The Planning Commission finds that the Addendum and Southwest Industrial Park Specific Plan FEIR contain a complete and accurate reporting of all of the environmental impacts associated with the Proposed Project. The Planning Commission further finds that the Addendum have been completed in compliance with the State CEQA Guidelines and Section 6.21 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.

Section 3. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report. Based on the substantial evidence set forth in the record, including but not limited to, the Southwest Industrial Park Specific Plan FEIR, the Addendum, and all related information presented to the Planning Commission, the Commission finds that the Proposed Project necessitate only minor modifications to the Southwest Industrial Park Specific Plan FEIR. Therefore, pursuant to State CEQA section 15164 and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, an Addendum to the Southwest Industrial Park Specific Plan FEIR is the appropriate document for the Proposed Project.

The Planning Commission further finds that the preparation of a subsequent or supplemental EIR is not required for the proposed Projects because the Projects:

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A. will not result in substantial changes that would require major revisions of the Southwest Industrial Park Specific Plan FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
B. will not result in substantial changes with respect to the circumstances under which the Proposed Project are developed that would require major revisions of the Southwest Industrial Park Specific Plan FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and
C. does not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Southwest Industrial Park Specific Plan FEIR documents were certified showing any of the following:
(i) the Proposed Project would have one or more significant effects not discussed in the EIR;
(ii) that significant effects previously examined would be substantially more severe than shown in the EIR;
(iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the lead agency declined to adopt such measures; and
(iv) that mitigation measures or alternatives considerably different from those analyzed would substantially reduce one or more significant effects on the environment, but which the lead agency declined to adopt.

Section 4. Findings on Environmental Impacts. Having considered the Addendum, the administrative record, the Southwest Industrial Park Specific Plan FEIR and all written and oral evidence presented to the Planning Commission, the Commission finds that all environmental impacts of the Proposed Project have been addressed within the Southwest Industrial Park Specific Plan FEIR and the Addendum. The Planning Commission finds that no new or additional mitigation measures or alternatives are required. The Planning Commission further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Proposed Project may result in any significant environmental impacts beyond those analyzed in the Southwest Industrial Park Specific Plan FEIR. The Planning Commission finds that the Addendum contains a complete, objective, and accurate reporting of the environmental impacts associated with the Proposed Project and reflects the independent judgment and analysis of the Planning Commission.

Section 5. Adoption of the Addendum to the Southwest Industrial Park Specific Plan FEIR. The Planning Commission hereby adopts the Addendum to the EIR for the Southwest Industrial Park Specific Plan Program Environmental Impact Report (SWIP 41 ATTACHMENT NO. 7
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PEIR) (SCH No. 2009091089) and Mitigation, Monitoring, and Reporting Program (MMRP) that have been prepared pursuant State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.

Section 6. The City of Fontana’s Planning Commission hereby makes the following findings for Tentative Parcel Map No. 20549 (TPM No. 22-006) in accordance with Section No. 26-218(d) “Processing of application,” of the Fontana Subdivision Code:

Finding No. 1: That the proposed map is consistent with the city's general plan and any applicable specific plan.

Findings of Fact: Tentative Parcel Map No. 20549 (TPM No. 22-006) is consistent with the General Plan Land Use Designation for the project site, which is Light Industrial (I-L). The proposed lot size with the consolidation will meet the lot standards of the Jurupa North Research and Development District (JND) of the Southwest Industrial Park Specific Plan (SWIP). The tentative parcel map is a request to consolidate four (4) existing parcels (APNs: 0237-191-15, -33, -36 and -48) into one (1) parcel for the construction of a concrete tilt-up warehouse building totaling approximately 77,558 square feet, which is a land use permitted in the General Plan and SWIP.

Finding No. 2: That the design or improvements of the proposed subdivision are consistent with the general plan and any applicable specific plan.

Findings of Fact: The site design for Tentative Parcel Map No. 20549 is consistent with the General Plan. As indicated in the Planning Commission staff report, the lot size and street configuration conform to the requirements of the Land Use, Zoning, and Urban Design and Community Mobility and Circulation Elements of the City of Fontana General Plan, Subdivisions (Chapter No. 26) Chapter of the City of Fontana Municipal Code, and the standards of the Jurupa North Research and Development District (JND) of the Southwest Industrial Park Specific Plan (SWIP). The project includes all on-site and off-site improvements to meet all the General Plan goals and objectives as well as all of the zoning and SWIP requirements.

Improvements consist of public sewer, public storm drain, streets, gutter, sidewalks, drainage, and grading to provide a safe and well-designed project for the area.

Finding No. 3: The site is physically suitable for the type and density of development proposed.

Findings of Fact: The project site of approximately 4.66 adjusted gross acres, is adequate in size to accommodate the development referenced herein. The existing topography is conducive for the project and development of the site did not require setback variances; therefore, 42 ATTACHMENT NO. 7
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the site is suitable for this type of development. The lot size is consistent with surrounding industrial developments.

Finding No. 4: The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat.

Findings of Fact: The design of Tentative Parcel Map No. 20549 is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There will be no significant effect on the environment with mitigation as a result of project implementation. An Addendum to the program level of SWIP has been prepared and made a part of the environmental documentation and Conditions of Approval for this project.

Finding No. 5: The design of the subdivision or type of improvements will not cause serious public health problems.

Findings of Fact: The design of Tentative Parcel Map No. 20549 will not cause public health problems. The proposed development complies with the Zoning and Development Code, the General Plan and SWIP.

Improvements include connection to public sewer, sidewalks, drainage, and grading to provide a safe and well-designed project for the area. Therefore, the project shall promote the public health, safety, and welfare of the surrounding community.

Finding No. 6: That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The planning commission may approve a map if it finds that alternative easements, for access or for use, will be provided, and that these will be substantially equivalent to easements previously acquired by the public.

Findings of Fact: The design of Tentative Parcel Map No. 20549 and public improvements will not conflict with access easements acquired by the public. The proposed lots are accessed from Jurupa Avenue and Citrus Avenue, which are publicly maintained streets. Currently, there are no other public access easements through or within the Proposed Project site.

Section 7. The City of Fontana’s, Planning Commission hereby makes the following findings for Design Review No. 22-022 in accordance with Section No. 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: The proposal is consistent with the General Plan, Zoning and Development Code, and any applicable Specific Plan.

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Findings of Fact: The proposal is for a design review for the development of a warehouse facility totaling approximately 77,558 square feet on 4.66 adjusted gross acres. Architectural features for the buildings include varying roof heights, window statements and aluminum framing. The site and building design comply with the criteria contained in the design review section of the Fontana Zoning and Development Code and SWIP. As required, the project has high- quality architecture, appropriate screening comprised of screen walls and landscaping that will make for an appropriate and desirable development.

As proposed, the project is consistent with General Plan Chapter 15 which allows warehousing in the Light Industrial (I-L) land use district.

Furthermore, the proposed buildings are designed in a manner that limits off-site impacts. This warehouse project is consistent with the General Plan Land Use Designation and SWIP.

Finding No. 2: The proposal meets or exceeds the criteria contained in this chapter and will result in an appropriate, safe and desirable development promoting the public health, safety, and welfare of the community.

Findings of Fact: The proposed project will result in the construction of a warehouse facility totaling approximately 77,558 square feet. This building will be built pursuant to all applicable building, zoning, and fire codes and standards, in addition to the Conditions of Approval as referenced herein. Architectural features such as glazing, metal canopies, and a variety of colors will add structural and visual interest to the building.

Additionally, variations to the building face and roof lines, with tower elements proposed at 40-feet will be architecturally pleasing and be consistent with the surrounding area. The project will include curb, gutter, sidewalk improvements to Citrus Avenue. Therefore, the project will promote the public health, safety and welfare of the occupants and, therefore, the community.

Finding No. 3: The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

Findings of Fact: The proposed project as identified and referenced in Finding No. 1 and 2, has been determined to be aesthetically and architecturally pleasing and compatible with the surrounding area. The project site is approximately 4.66 adjusted gross acres and is physically suitable in size and shape to support the proposed warehouse building.

Applicable building, zoning, and fire codes and standards will make for a safe, attractive, and well-designed project. As stated in Finding No. 2, the project will create visual interest with architectural features such as glazing, tower elements, and a variety of colors and 44 ATTACHMENT NO. 7
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materials with variations to the building face and roof lines. The character of the surrounding neighborhood reflects industrial uses.

The proposal has been designed to be compatible with the surrounding uses while providing a development that has been designed with features (architectural relief, landscaping, street improvements, and lighting), to enhance the character of the surrounding area.

Finding No. 4: The site improvements are appropriate and will result in a safe, well-design facility.

Findings of Fact: The proposed development will result in appropriate improvements, not only for the project site, but the surrounding area as well. Project features include sidewalks, drainage, grading, and perimeter and privacy walls and fencing to provide a safe and well-designed neighborhood. The proposed project has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety. As referenced in Finding No. 1 through Finding No. 3, above, this warehouse project meets and exceeds the standards of the Zoning and Development Code and SWIP and will provide a safe design for public access.

Section 8. Based on the foregoing, the Planning Commission adopts a resolution approving Tentative Parcel Map No. 20549 (TPM No. 22-006) and Design Review No. 22-022 subject to the findings as indicated herein and the Conditions of Approval, including Conditions voluntarily proposed by Citrus LPVI 11 LLC, have been prepared and are attached hereto as Exhibit “A” and Exhibit “B”.

Section 9. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335.

This information is provided in compliance with Public Resources Code Section No. 21081.6.

Section 10. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

APPROVED, AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 21st day of June 2022.

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City of Fontana
___________________________
Cathline Fort, Chairperson
ATTEST:

I, Idilio Sanchez, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 21st day of June 2022, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Idilio Sanchez, Secretary
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EXHIBIT “A”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 22-039 June 21, 2022
Tentative Parcel Map No. 20549 (TPM No. 22-006)
LOCATION: 11208, 11232, and 11236 Citrus Avenue and 16056 Jurupa Avenue (APNs:
0237-191-15, -33, -36 and -48).

PLANNING DEPARTMENT:

1. The rights and privileges granted by this project shall not become effective, nor shall the applicant commence the use for which this project is granted, until both of the following have occurred:
a. All requirements of the Fontana City’s Municipal Code shall be complied with. b. All Conditions of Approval imposed on this project have been fulfilled.

2. The applicant shall defend, indemnify, and hold harmless the City of Fontana or its agents, officers, and employees from any claim, action or proceeding against the City of Fontana or its agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission and/or City Council concerning this subdivision, which action is brought within the time period provided for in Government Code Section 66499.37. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.
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In the event of any such third-party action or proceeding, the City shall have the right to retain its own separate legal counsel to defend the interests of the City. The applicant shall be responsible for reimbursing the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval.

Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

3. Tentative Parcel Map No. 20549 (TPM No. 22-006) shall comply with all applicable development standards of, Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development, and the Subdivision Map Act.

4. The applicant/developer shall underground all utilities pursuant to Section 27-50 through 27-54 of the City of Fontana Municipal Code, which for the purpose of this condition shall also include all boxes, structures and/or other equipment located in the public right-of-way, any public utility easement(s) and on any private property, to the satisfaction of the Director of Planning. A note to this effect shall be placed on the map prior to recordation of the final map.

5. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet in the final building and grading plans prior to issuance of any building or grading permits.

6. Tentative Parcel Map No. 20549 (TPM No. 22-006) shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period.

7. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be ATTACHMENT NO.
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pursuant to Section No. 30-30 of the Municipal Code.

8. The applicant shall post a publicly visible sign on the project site with the telephone number and 24-hour point of contact for dust, noise and construction complaints.

The 24-hour point of contact shall be available 24 hours a day, 7 days a week and have authority to commit additional assets to control dust, or respond to construction complaints after hours, on weekends and on holidays. Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays.

9. Historic Archaeological Resources
a. Upon discovery of any tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All tribal cultural and archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant. If the resources are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place.
b. Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource along the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the Tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the Tribe or a local school or historical society in the area for educational purposes.
c. Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards.

All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken.

Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

10. The construction contractor shall use the following source controls at all times:

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a. Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays unless it is approved by the building inspector for cases that are considered urgently necessary as defined in Section 18-63(b)(7) of the Municipal Code. b. For all noise-producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use.
c. The construction contractor will ensure that all construction equipment, fixed or mobile, is properly operating (tuned-up) and lubricated, and that mufflers are working adequately.
d. Have only necessary equipment onsite.
e. Use manually-adjustable or ambient-sensitive backup alarms. When working adjacent to residential use(s), the construction contractor will also use the following path controls, except where not physically feasible, when necessary:
f. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers. g. Temporarily enclose localized and stationary noise sources. h. Store and maintain equipment, building materials, and waste materials as far as practical from as many sensitive receivers as practical.

11. The applicant/developer shall comply with the mitigation measures identified in the Addendum to the Southwest Industrial Park (SWIP) Specific Plan Update dated May 2022, as approved by the Planning Commission on June 21, 2022.

ENGINEERING DEPARTMENT:

12. The project shall be served by the City’s sanitary sewer system, all sewer facilities shall be constructed in accordance with the City Standards. Main trunk sewer line shall be in accordance with master sanitary sewer plan or as approved by the City Engineer.

13. The Applicant shall obtain design and plan approval from all utility providers having jurisdiction over the on-site and off-site utilities. Completion of all undergrounding of on-site and off-site utilities is required by Section 27-52 of the City Municipal Code and in accordance with plans and specifications approved by the City Engineer.

14. The Applicant shall maintain all improvements and utilities within the public right-ofway, including street sweeping, prior to issuance of final certificate of occupancy by the City.

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PRIOR TO ISSUANCE OF GRADING PERMIT

15. The Applicant shall submit and gain approval of a complete Water Quality Management Plan report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

PRIOR TO MAP RECORDATION

16. The Applicant shall provide a Land Improvement Agreement, with accompanying security. The agreement shall be executed on City-provided forms.

PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS

17. The Applicant shall record All map’s, lot line adjustments, right-of-way dedications, easements, reciprocal access agreement as required for the development.

18. The Applicant shall submit engineered improvement plans and obtain full approval.

All required public improvements, including but not limited to streets, storm drainage systems, sewers, traffic signals, streetlights, striping, signs, landscape, and any required traffic control and/or detour plans. All plans shall conform to City Standards and Specifications, and as approved by the City Engineer.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY

19. The Applicant/Engineer to provide the City of Fontana with As Built/Record Drawings for all public improvement plans.

20. The Applicant/Engineer shall provide centerline ties to the City of Fontana reflecting proper setting of all survey monuments within the project limits and replace any existing survey monuments damaged or removed during construction.

21. The Applicant/Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.

22. The Applicant/Landscape Architect shall provide a “Landscape Certificate of Compliance” certifying that the work has been designed, installed, and will be maintained in accordance with the City of Fontana’s Model Water Efficiency Landscape Ordinance (Ordinance 1743, FCC Section 28).

23. All sewers and storm drains shall be video inspected by applicant/contractor. Sewer video shall include clean-out connection, clean-out to lateral segment, lateral, and main line. Storm drain video shall include main lines and laterals. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff. Videos to be inspected and approved by City Inspection. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

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24. The Applicant/Engineer of Record shall submit a conforming copy of the recorded Memorandum of Agreement for the Water Quality Management Plan (WQMP) and Storm Water Best Management Practice (BMP) transfer. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.

BUILDING & SAFETY DIVISION:

25. The applicant shall design the project to show compliance with the latest adopted edition of the following codes as applicable:

A. California Building Code
B. California Residential Code
C. California Electrical Code
D. California Mechanical Code
E. California Plumbing Code
F. California Energy Code
G. California Fire Code
H. California Green Building Standards Code

26. The applicant shall install an automatic fire suppression system, which is required in all new construction per FMC Chapter 11 Article II. Design and type of system shall be based upon the requirements of the Building Code, Fire Code and the requirements of the Fontana Fire Prevention District.

27. The applicant shall comply with the requirements for hazardous materials of the South Coast Air Quality Management District (909-396-2000). SCAQMD requirements shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used.

28. The applicant shall verify that any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project complies with FMC Chapter 5 Article XIV.

29. The applicant shall verify that all perimeter/boundary walls (in close proximity to the lot line) are designed and constructed so that the outer/exterior face of the wall is as close as possible to the lot line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the lot line. Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case-by-case basis for extenuating circumstances.

30. The applicant shall have the tract or parcel map recorded prior to the issuance of any building permits.

31. The applicant shall comply with the following grading requirements:

A. Grading plans shall be submitted to and approved by Building & Safety. The ATTACHMENT NO.
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grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-offs.

B. All drainage water shall drain via approved methods to an approved location, such as a public street, a public drainage system, etc.

C. Drainage water shall not cross over a public sidewalk. Drainage water may, however, cross under a sidewalk if an approved drainage structure is used.

D. A recorded drainage acceptance agreement is required from adjoining property(s) receiving flows from this property.

E. No water course or natural drainage shall be obstructed.

F. Minimum slope or grade for ALL drainage structures shall be one half (0.50) percent for concrete and one (1.0) percent for all other, or as otherwise approved by the Building Official.

G. Drainage water shall not pass from an ‘improved’ type of drainage structure to an ‘unimproved’ type of drainage structure (e.g., concrete swale to a dirt swale) unless otherwise approved by the Building Official.

H. A complete hydrology study using the latest edition of the San Bernardino County Flood Control Hydrology Manual, and complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to and approved by Building & Safety.

The on-site drainage system shall, as a minimum, be designed to handle the run-off generated by a ten (10) year storm. Check for flooding of all on-site structures (buildings) and all adjacent properties during a hundred (100) year storm.

I. The grading plans shall, as a minimum, contain sections at all lot lines and/or permit boundary lines. These sections shall clearly indicate:

1. The relationship between the proposed finished on-site grade elevations and the existing adjacent property grade elevations (Indicate any additional drainage water that may come from an adjacent property.); and

2. The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and

3. All proposed drainage structures; and

4. Any proposed and/or required walls or fencing.

32. The applicant is required to obtain permits for the removal and/or demolition of structures.

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33. The applicant shall verify that all exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS

34. The following items (as applicable) shall be completed by the applicant and submitted to Building & Safety prior to the issuance of building permits for this project:

A. Precise grading plans shall be approved
B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector

35. If hazardous substances are used and/or stored, the applicant shall provide a technical opinion and report, identifying and developing methods of protection from the hazards presented by the hazardous materials, may be required. This report shall be prepared by a qualified person, firm, or corporation and submitted to Building & Safety. This report shall also explain the proposed facility's intended methods of operation and list all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) inter mixing in the event of an accident or spill.

36. The applicant shall combine the existing parcels into a single parcel, or a lot line adjustment shall be done so that the proposed structure(s) does not cross any lot line and complies with all requirements of the California Building Code, prior to any building permits being issued.

SAN BERNARDINO COUNTY FIRE DEPARTMENT:

37. Jurisdiction. The above referenced project is under the jurisdiction of the Fontana fire Protection District (herein “Fire Department”). Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable statutes, codes, ordinances, and standards of the Fire Department.

38. Fire Access Road Width. Prior to map recordation, all fire access roadways shall be designed to meet the requirements for this development and shall be approved by the Fire Department. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Buildings three (3) stories in ATTACHMENT NO.
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height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. California Fire Code sec 503, SBCFD Standard A-1

39. Water System Commercial. Prior to map recordation, all water supply systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using Appendix B of the California Fire Code. A minimum of one new six (6) inch fire hydrant assembly with two (2) two and one half (2 1/2) inch and one (1) four (4) inch outlet shall be provided. All fire hydrants shall be spaced no more than three hundred (300) feet apart as measured along vehicular travel-ways. California Fire Code sec 508, SBCFD Standard W-2
The Fire Flow for this project shall be: 3000 GPM for a 2 hour duration at 20 psi residual operating pressure for each building separately. Fire Flow is based on a 77,558 sq.ft. structure.

END OF CONDITIONS
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EXHIBIT “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 22-039 June 21, 2022
Design Review No. (DRP) No. 22-022
LOCATION: 11208, 11232, and 11236 Citrus Avenue and 16056 Jurupa Avenue (APNs:
0237-191-15, -33, -36 and -48), west of Citrus Avenue and north of Jurupa Avenue.

PLANNING DEPARTMENT:

1. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until both of the following have occurred:
a. All of the improvements, construction, alteration and other work set forth in this project have been completed and have been accepted by the City, as evidenced by the City’s issuance of a Certificate of Occupancy (C of O) or other document evidencing the City’s final inspection and acceptance of the work.
b. All requirements of the Fontana Municipal Code shall be complied with. c. All other Conditions of Approval imposed by this project have been fulfilled.

2. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety, or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Section No. 30-30 of the Municipal Code.

3. Prior to the construction of any modifications, all structural and aesthetic changes to the project design must be requested and approved in writing by the Director of Planning or his/her designee. Major structural and aesthetic changes exceeding the codified parameters of administrative policy shall be presented to the Planning Commission for approval.

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4. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

5. This Design Review shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period.

6. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet in the final building or grading plans prior to issuance of any building or grading permits.

7. Color combinations and color schemes for buildings approved under a design review application shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes may be approved by the Director of Planning. The Director of Planning may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

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8. Exterior lighting compatible with the design of the building shall be provided for the parking lot. The lighting shall be directed and shielded so as to illuminate only the parking area and to avoid glare impacts on adjacent properties.

9. This project will comply with all applicable provisions, regulations, and development standards of the Southwest Industrial Park Specific Plan.

10. Two (2) bicycle parking racks or secured bicycle lockers shall be provided for each building.

11. Sidewalks shall be provided for all new developments in accordance with the city’s circulation element of the General Plan.

12. The occupants of this facility shall comply with applicable provisions of local, state and federal laws and regulations with respect to noise, vibration, smoke, odors, fire and explosive hazards, including, but not limited to the City’s adopted Hazardous Materials Management Plan and Industrial Wastewater/Discharge requirements.

13. All parking stalls shall be clearly marked by double striping pavement painting.

Parking stall sizes shall be measured from the mid-point between the striping. No parking spaces shall be designated in a commercial/retail parking facility, except for disabled persons parking, van pool, carpool, or any other designated parking as required by law.

14. The applicant shall post a publicly visible sign on the project site with the telephone number and 24-hour point of contact for dust, noise and construction complaints.

15. All signs shall be reviewed under a separate Design Review Sign application.

16. All landscaping shall be healthy and maintained in a reasonable manner as determined by the Director of Planning or his/her designee.

17. Historic Archaeological Resources
a. Upon discovery of any tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All tribal cultural and archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant. If the resources are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation ATTACHMENT NO.
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in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place.
b. Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource along the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the Tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the Tribe or a local school or historical society in the area for educational purposes. c. Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

18. The construction contractor shall use the following source controls at all times:
a. Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays unless it is approved by the building inspector for cases that are considered urgently necessary as defined in Section 18-63(b)(7) of the Municipal Code. b. For all noise-producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use.
c. The construction contractor will ensure that all construction equipment, fixed or mobile, is properly operating (tuned-up) and lubricated, and that mufflers are working adequately.
d. Have only necessary equipment onsite.
e. Use manually-adjustable or ambient-sensitive backup alarms. When working adjacent to residential use(s), the construction contractor will also use the following path controls, except where not physically feasible, when necessary:

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f. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers. g. Temporarily enclose localized and stationary noise sources. h. Store and maintain equipment, building materials, and waste materials as far as practical from as many sensitive receivers as practical.

19. Up lighting shall be provided throughout the project site to complement the architectural detail of the building and the landscaped areas, except where the building is adjacent to residential properties.

20. All roof-mounted mechanical units shall be screened from view of adjacent streets by a parapet in height equal or greater to the installed unit, unless another method of visual screening is approved by the Director of Planning.

21. The applicant/developer shall comply with the mitigation measures identified in the CEQA Addendum Mitigation (SCH No. 2009091089) Monitoring and Reporting Program (MMRP) as approved by the Planning Commission.

22. After the fifteen (15) day appeal period, the applicant shall remove the notice of Filing sign(s) from the project site. The applicant may request a refund of the sign deposit; the request shall be in writing accompanied with a refund application. The request shall be submitted to the Planning Division.

23. The applicant shall meet all guidelines identified in the Industrial Commerce Sustainability Ordinance (Ordinance No. 1891).

PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY

24. The current Development fees must be paid prior to issuance of building/construction permits.

BUILDING & SAFETY:

25. The applicant shall design the project to show compliance with the latest adopted edition of the following codes as applicable:

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28. The applicant shall verify that any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project complies with FMC Chapter 5 Article XIV.

30. The applicant shall have the tract or parcel map recorded prior to the issuance of any building permits.

31. The applicant shall comply with the following grading requirements:

A. Grading plans shall be submitted to and approved by Building & Safety. The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-offs.

B. All drainage water shall drain via approved methods to an approved location, such as a public street, a public drainage system, etc.

C. Drainage water shall not cross over a public sidewalk. Drainage water may, however, cross under a sidewalk if an approved drainage structure is used.

D. A recorded drainage acceptance agreement is required from adjoining property(s) receiving flows from this property.

E. No water course or natural drainage shall be obstructed.

F. Minimum slope or grade for ALL drainage structures shall be one half (0.50) percent for concrete and one (1.0) percent for all other, or as otherwise approved by the Building Official.

H. A complete hydrology study using the latest edition of the San Bernardino County Flood Control Hydrology Manual, and complete hydraulic ATTACHMENT NO.
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calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to and approved by Building & Safety.

I. The grading plans shall, as a minimum, contain sections at all lot lines and/or permit boundary lines. These sections shall clearly indicate:

2. The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and

3. All proposed drainage structures; and

4. Any proposed and/or required walls or fencing.

32. The applicant is required to obtain permits for the removal and/or demolition of structures.

33. The applicant shall verify that all exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS

34. The following items (as applicable) shall be completed by the applicant and submitted to Building & Safety prior to the issuance of building permits for this project:

A. Precise grading plans shall be approved
B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector

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Fontana City CouncilJuly 12, 2022

Fontana City Council
July 12, 2022