Fontana City Council
July 12, 2022

WHEREAS, on June 21, 2022, a duly noticed public hearing on Conditional Use Permit No. 22-014 and Design Review No. 22-024 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 Commission RESOLVES as follows:

Section 1. The City of Fontana’s, Planning Commission hereby makes the following findings for Conditional Use Permit No. 22-014 in accordance with Section No. 30-150 of the Fontana Zoning and Development Code:

Finding No. 1: The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, Municipal Code, general plan, any applicable specific plan or area plan, and City
regulations/standards.

Findings of Fact: The applicant has applied for Conditional Use Permit No. 22-014 and Design Review No. 19-059 to establish a place of assembly (religious) use and associated nonprofit services. The first phase will include offices, classrooms, a multi-purpose room, kitchen, restrooms, and storage for non-profit, community-serving activities.

Future phase uses will add a multi-purpose space, daycare and residential uses. The Transitional sub-district of the Form-Based Code (FBC) zoning district allows for the establishment of assembly/meeting halls for private clubs, religious services or similar uses with the approval of a Conditional Use Permit. The project meets all of the requirements for development of a public assembly facility in the subject zoning district.

Finding No. 2: The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.

Findings of Fact: The proposed project site is 3.86 acres in size, and is adequate in size, shape, and topography, accessibility and other physical characteristics to accommodate the use. The applicant has proposed to establish a place of assembly use and construct a multipurpose building. Access to the project site will be taken from Arrow 147
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Avenue, Tokay Avenue and Citrus Avenue, which are all sufficient in size to accommodate vehicular traffic to and from the subject site.

Finding No. 3: That granting the permit would not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to person, property, or improvements in the vicinity in which the project is located.

Findings of Fact: As described in Finding Nos. 1 and 2, this project will not adversely affect the surrounding area. The project has been designed in a healthy and safe manner in accordance with the General Plan and the Chapter 30 of the Fontana Municipal Code. The project is conditioned, as referenced herein, including conditions from the Fontana Fire Protection District, Planning Division, and Building and Safety Department.

The proposed public assembly use is compatible with the surrounding area as they are developed with a combination of residential and commercial uses. In addition, the project is conditioned, as referenced herein, to ensure that it is constructed, operated, and maintained in a matter appropriate for the area.

Section 2. The City of Fontana’s Planning Commission hereby makes the following findings for Design Review No. 22-024 is in accordance with Section No. 30-120 “Findings for Approval” for Design Review of the Zoning and Development Code:

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

Findings of Fact: The project site is located on the south side of Arrow Avenue and is bound on the west by Tokay Avenue and on the east by Citrus Avenue (APNs: 0232-201-12 and -13). The project site has a General Plan land use designation of Walkable Mixed-Use I (WMXU1). The WMXU-1 land use designation is intended to provide for the creation of areas that allow residents and visitors to walk, bike, and take transit to other uses for work, study, shopping, entertainment, recreation and civic activities. Uses include a variety of medium- to high-density residential types, retail and services, office, entertainment, education, civic and open space. The proposed project meets the intent of the general plan land use designation in that it will provide pedestrian-oriented development that is community serving and educational in nature.

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 as identified and referenced in Finding No. 1, above has been determined to be aesthetically and architecturally ATTACHMENT NO.
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pleasing and compatible with the neighborhood. The proposed complex is contemporary and will result in high quality architectural design appropriate and desirable for the surrounding community.

The proposed development will enhance the character of the surrounding area through appropriate attention to aesthetics and design.

The project includes street improvements: sidewalks, drainage, grading and property line and on-site fencing to provide a safe and well-designed site. The proposed development has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety. The proposed project meets or exceeds the standards of the Zoning and Development Code and will provide a safe design for normal public access.

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 identified and referenced in Finding No. 1 and Finding No. 2, above, will result in much needed and appropriate improvements, not only for the project site, but the surrounding area as well. The proposed building has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety. The building and site improvements will be built pursuant to all applicable building, zoning, and fire codes and standards and therefore, shall promote the public health, safety, and welfare of the surrounding community.

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

Findings of Fact: The proposed project as identified and referenced in Finding No. 1, Finding No. 2, and Finding No. 3, above, has been determined to be appropriate and will result in a safe, well-designed facility. There will be vehicle access points to the site on each of the three street frontages (Arrow Avenue, Citrus Avenue, and Tokay Avenue). The driveways are designed to accommodate passenger vehicle traffic and service vehicles as necessary. The proposed project has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety. The character of the surrounding neighborhood reflects residential uses consisting of residential and commercial development.

Section 3. Based on the foregoing, the City of Fontana Planning Commission determines that this project is Categorically Exempt pursuant to Section 15332 Class 32, (Infill Development) of the California Environmental Quality Act (CEQA), and Section No.

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3.22 of the Local 2019 Guidelines for Implementing CEQA. based on the following: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) The project site has no value, as habitat for endangered, rare or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; (e) The site can be adequately served by all required utilities and public services; and that further, there are no unusual circumstances present under 15300.2 that could provide an exception under 15300.2.

Section 3. Based on the foregoing, the City of Fontana’s Planning Commission hereby approves Conditional Use Permit No. 22-014 and Design Review No. 22-024, subject to the conditions of approval, which are attached hereto as Exhibit “A” and Exhibit “B” to this Resolution and incorporated herein by this reference.

Section 4. 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 5. The Secretary 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.

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:

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___________________________
Idilio Sanchez, Secretary
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EXHIBIT “A”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 22-042 June 21, 2022
Conditional Use Permit No. (CUP) 22-014
LOCATION: South side of Arrow Avenue, between Tokay Avenue and Citrus Avenue (APN: 0232-201-12 and -13)
PLANNING DIVISION:

1. This approval is for Conditional Use Permit No. 22-014 a request for operation of a public assembly use (religious facility and non-profit organization) along with a twostory building on a 3.86 adjusted acre parcel, as approved by the Planning Commission on June 21, 2022.

2. 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 or other document evidencing the City’s final inspection and acceptance of the work; and
B. All other Conditions of Approval imposed by this project have been fulfilled.

3. 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 and Section No. 30-31 of the Municipal Code.

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, ATTACHMENT NO.
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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.

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.

5. This Conditional Use Permit 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 Department 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/administrative site plan 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 Community Development. The Director of Community Development may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

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 Fontana Municipal Code.

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10. 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.

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

12. Hours of operation for church services and other indoor activities shall be from 8:00am to 10:00pm daily with an exception for Easter, Christmas, and New Year’s Services, which will be allowed to operate until 12:00 midnight. Also, all outdoor activities shall be restricted from 9:00am until 9:00pm, daily.

13. The programming at the site shall not include activities/services that occur at the simultaneously where additional parking would be required since parking was calculated for an assembly use; unless additional parking is provided that complies with the Zoning and Development Code requirements.

14. There shall not be any parking allowed on the undeveloped portions of the site that are sectioned off with fencing unless a subsequent entitlement is approved for site and architectural review and approval of those areas.

15. Groundcover shall be used on all undeveloped portions of the site (phases two and three) at all times until such time that development has been approved for those portions of the site.

16. Outdoor amplified sound or any public addressing systems are not allowed.

PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY

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

END OF CONDITIONS
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Exhibit “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. 22-042 DATE: June 21, 2022
Design Review No. 22-024
LOCATION: The south side of Arrow Avenue, between Tokay Avenue and Citrus Avenue (APN: 0232-201-12 and -13).

PLANNING DEPARTMENT:

1. This approval is for Design Review No. 22-024, a request to construct a two-story building on a 3.86 adjusted acre parcel to be used for public assembly and community benefit uses, as approved by the Planning Commission on June 21, 2022.

2. The applicant/developer/property owner 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.

In the event of any such third-party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible and reimburse 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.

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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. 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 Department inspection, has commenced within this period.

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

5. 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 all of the following have occurred:

A. All requirements of the City of Fontana’s Municipal Code shall be complied with.

B. All Conditions of Approval imposed on this project have been fulfilled.

C. 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 final inspection and acceptance of the work.

6. 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. Changes made without approval as stated herein, will prevent the occupancy of the residential structure until corrections are approved in writing by all appropriate staff.

7. The Director of Planning, or her/his designee, shall have the authority for minor architectural changes focusing on items such as window treatments, color combinations, façade treatments, and architectural relief. Questions on the interpretation of this provision or changes not clearly within the scope of this provision shall be submitted to the Planning Commission for consideration under a Revision to the Design Review.

8. Foam treatment used for architecture features and/or projections located on the first floor (under 14 feet) shall be covered with concrete or similar durable material a minimum of ¼ inch thick, or as determined by the Director of Planning.

9. If solar panel systems are installed on the roof of any residential structure, the installation shall be on top or above the approved roof tile. If a solar panel system is flush-mounted to the roof, matching roof tiles shall be replaced immediately upon removal of the solar panels.

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10. All new block walls shall be constructed with a decorative block and capped with a prefabricated block cap to match the existing walls on the adjacent properties.

11. Prior to the issuance of a Certificate of Occupancy, the applicant shall underground all utilities, 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.

12. 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.

13. The current Development Fees shall be paid.

14. Dense landscaping shall be planted to screen the ground-mounted generator adjacent to the building to the satisfaction of the Planning Department.

15. There shall not be any parking allowed on the undeveloped portions of the site that are sectioned off with fencing unless a subsequent entitlement is approved for site and architectural review and approval of those areas.

16. Groundcover shall be installed on all undeveloped portions of the site (phases two and three) at all times until such time that development has been approved for those portions of the site. Groundcover shall be maintained in a healthy condition and without the presence of overgrown vegetation. In areas where in-ground irrigation is not installed, groundcover shall be irrigated manually until vegetation is established and can be maintained without ongoing irrigation.

17. Transformers shall not be permitted in the landscape setback.

18. Future building phases shall be entitled separately per the requirements included in the Zoning and Development Code.

19. 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(b7) 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.

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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. Temporarily enclose localized and stationary noise sources. g. Store and maintain equipment, building materials, and waste materials as far as practical from as many sensitive receivers as practical.

20. 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 ATTACHMENT NO.
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archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

ENGINEERING LAND DEVELOPMENT:

21. 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.

22. 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.

23. 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.

Prior To Issuance of Grading Permit

24. The Applicant shall submit and gain construction 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 Issuance of Construction Permits

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

26. The Applicant shall record lot line adjustments, right-of-way dedications, easements, reciprocal access agreement as required for the development.

27. 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

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

29. 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 ATTACHMENT NO.
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existing survey monuments damaged or removed during construction.

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

31. 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).

32. 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.

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

BUILDING AND SAFETY DIVISION:

34. The applicant/developer/property owner 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

35. The applicant/developer/property owner shall install an automatic fire suppression system, which is required in all new construction per Fontana Municipal Code, 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.

36. The applicant/developer/property owner shall verify that any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project complies with Fontana Municipal Code, Chapter 5 Article XIV.

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37. The applicant/developer/property owner shall verify that all perimeter/boundary walls 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.

38. The applicant/developer/property owner 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.

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.

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39. The applicant/developer/property owner 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

40. The following items shall be completed and/or submitted to Building & Safety – as applicable – 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 FIRE PROTECTION DISTRICT:

41. 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.

42. 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 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 503.1

43. Turnaround. An approved turnaround shall be provided at the end of each roadway one hundred and fifty (150) feet or more in length. Cul-de-sac length shall not exceed six hundred (600) feet; all roadways shall not exceed a 12 % grade and have a minimum of nineteen (19) foot inside radius and a forty-five (45) foot outside radius for all turns. California Fire Code sec 503, SBCFD Standard 503.1

44. Street Signs. Approved temporary or permanent street signs shall be installed throughout the project prior any combustible materials being placed on the construction site. California Fire Code sec. 505, SBCFD Standard 505.1

45. Fire Lanes. The applicant shall submit a site plan to the Fire Department for review and approval of all proposed signage and striping for all fire access roadways. All curbs adjacent to fire lanes shall be painted red and “No Parking, Fire Lane” signs shall be installed on public and private roads in accordance with approved standards. SBCFD Standard 501.

ATTACHMENT NO.
162
7 Resolution PC No. 2022-_____

46. 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 508.1

47. Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCFD Standard 508.5.2.

48. Water System Certification. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the jobsite.

49. Combustible Protection. Prior to combustibles being placed on the project site an approved paved roadway providing fire access and fire hydrants providing an acceptable fire flow shall be installed. California Fire Code sec 508, SBCFD Standard 508.1

50. Fire Sprinkler-NFPA #13. An automatic fire sprinkler system complying with NFPA 13 and Fire Department standards is required. A fire sprinkler contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The plans shall include hydraulic calculations and manufacturer specification sheets. The required fees shall be paid at the time of plan submittal. SBCFD Standard 903.

51. Fire Sprinkler-NFPA #13R. An automatic fire sprinkler system complying with NFPA 13R and Fire Department standards is required. A fire sprinkler contractor shall submit three (3) sets of detailed plans with hydraulic calculations and manufacturer specification sheets to the Fire Department for approval. The required fees shall be paid at the time of plan submittal. SBCFD Standard 903 R-MF

52. Fire Alarm, Manual or Automatic. A manual, automatic or manual and automatic fire alarm system complying with the California Fire Code, NFPA 72 and all applicable codes is required. A fire alarm contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. California Fire Code sec. 907, SBCFD Standard 907 FAE.

53. Fire Alarm, Waterflow Monitoring. A water flow monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required for fire sprinkler systems with twenty (20) sprinkler heads or more. A fire alarm contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

California Fire Code sec. 907, SBCFD Standard 907 FA-M.

ATTACHMENT NO.
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7 Resolution PC No. 2022-_____

54. Fire Extinguishers. Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department. California Fire Code sec. 906.

55. Commercial Addressing. Commercial, industrial and multi-family developments of 100,000 sq. ft or less shall have the street address installed on the building with numbers that are a minimum six (8) inches in height and with a one (1) inch stroke.

The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances.

SBCFD Standard 505.1

56. Illuminated Site Diagram. The applicant shall submit for review and approval a site diagram plan to the Fire Department. The applicant shall install at each entrance an illuminated diagrammatic representation of the complex, which shows the location of each unit and each fire hydrant. SBCFD Standard 505.1

57. Key Box. An approved Fire Department key box is required. The key box shall be provided with a tamper switch and shall be monitored by a Fire Department approved central monitoring service. SBCFD Standard 506

58. Security Gates. In commercial, industrial and multi-family complexes, all swing gates shall have an approved fire department Knox Lock. Where an automatic electric security gate is used, an approved Fire Department override switch is required.

SBCFD Standard 503.1.2

59. Material Identification Placards. The applicant shall install, in all locations deemed appropriate by the Fire Department, approved material identification placards on the outside of all buildings and/or storage tanks that store hazardous or flammable materials. Additional placards shall be required inside the buildings when chemicals are segregated into separate areas. Standard 2703.5.

60. High-Piled Storage. The applicant shall submit an application for a High-Piled Storage permit for storage of over 12’ in height of Class I-IV commodities and/or over 6’ in height of high hazard commodities. Three (3) sets of detailed plans and a commodity analysis report shall be submitted to the Fire Department for review and approval. The applicant shall submit to the Fire Department concurrently with any racking permits to the Building and Safety division. SBCFD Standard 2301.

61. Secondary Access. The development shall have a minimum of 2 points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes. SBCFD Standard 503.1

62. Spark Arrestor. An approved spark arrestor is required. Every chimney that is used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel are used, shall have an approved spark arrestor visible from the ground that is maintained in conformance with Fire Department requirements. California Building Code sec. 2082.

ATTACHMENT NO.
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7 Resolution PC No. 2022-_____

END OF CONDITIONS OF APPROVAL
ATTACHMENT NO.
165
7 NOTICE OF EXEMPTION
ATTACHMENT NO. 4
TO: Clerk of the Board of Supervisors
County of San Bernardino
385 N. Arrowhead Avenue, 2nd Floor
San Bernardino, CA 92415-0130
FROM: City of Fontana
Planning Department
8353 Sierra Avenue
Fontana, CA 92335

1. Project Title: Master Case No. 22-042
Design Review No. 22-024
Conditional Use Permit No. 22-014

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

3. (a) Project Location - City: Fontana, CA 92335
(b) Project Location - County: San Bernardino

4. Description of nature, purpose, and beneficiaries of Project: Design Review No. 22-024 is a request for site and architectural review for a two-story building to be used for public assembly (religious facility) and the operation of a non-profit organization. Conditional Use Permit No. 22-014 is a request for Water of Life Community Church to use the subject site for religious and community purposes.

5. Name of Public Agency approving project: City of Fontana

6. Name of Person or Agency carrying out project: Raymond Allard 16866 Seville Avenue
Fontana, CA 92335

1. Exempt status: (Check one)
(a) ____ Ministerial project.
(b) ____ Not a project.
(c) ____ Emergency Project.
(d) __X_ Categorical Exemption. State type and class number: Exempt under Section No. 15332 (Class 32, In-Fill Development Projects) of the California Environmental Quality Act and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA.
(e) ____ Declared Emergency.
(f) ____ Statutory Exemption. State Code section number:
(g) ____ Other Explanation: __________________________________________

2. Reason why project was exempt: This project site is considered In-Fill Development and meets the CEQA requirement of In-Fill: 1) the project is consistent with the Medium-Density Residential (R-M) General Plan land use designation; 2) the project site is approximately 0.9 adjusted gross acres (less than 5 acres); 3) the project site is not within any known sensitive or threatened habitat area; 4) the project will not have a significant effect relating to traffic, noise, air quality, or water quality; and 5) there are adequate public utilizes and service for the development of the proposed apartment complex project containing
ATTACHMENT NO.
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7 NOTICE OF EXEMPTION

3. Contact Person: Cecily Session-Goins, Associate Planner Telephone: (909) 350-6723 Date Received for Filing: __________________________________ Rina Leung
(Clerk Stamp Here) Senior Planner
ATTACHMENT NO.
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7 ATTACHMENT NO. 5

NOTICE OF PUBLIC HEARING
Si desea información en Español referente a esta notificación o proyecto, favor de comunicarse al (909) 350-6728.

In compliance with Section No. 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification shall be made 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility to this meeting.

A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:

Master Case No. 22-042, Design Review No. 22-024 and
Conditional Use Permit No. 22-014
Design Review No. 22-024 is a request for site and architectural review for a two-story building to be used for public assembly (religious facility) and the operation of a non-profit organization.

Conditional Use Permit No. 22-014 is a request for Water of Life Community Church to use the subject site for religious and community purposes.

Environmental This project has been determined to be Exempt pursuant to Section No. 15332 Determination: Class 32 (In-Fill Development) of
the California Environmental
Quality Act and Section No. 3.22
of the 2019 Local Guidelines for
Implementing CEQA.

Location of
Property:

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

Date of Hearing: June 21, 2022
Place of
Hearing:

City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 6:00 pm
Should you have any questions concerning this project, please contact Cecily Session-Goins, Associate Planner, at (909) 350-6723 or by email at [email protected].

Subject Site
Arrow Ave.

Tokay Ave.

Citrus Ave.

ATTACHMENT NO.
168
7 ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND

ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION AT THE PLANNING DEPARTMENT, CITY HALL. PLEASE CONTACT THE PLANNER LISTED ABOVE.

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 TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

Publish: June 10, 2022
ATTACHMENT NO.
169
7 City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1469 Agenda Date: 6/21/2022
Agenda #: Category: Public Hearing
FROM:

Planning Department
TITLE:

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 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
REQUEST:

A Municipal Code Amendment (MCA) No. 22-005 for amendments to Chapter 30 to reduce the required buffer for smoke shops feet and add a provision to allow for Comprehensive Sign Programs.

PROJECT PLANNER:

Rina Leung, Senior Planner
BACKGROUND INFORMATION:

Chapter 30 includes a 1,500 foot buffer requirement for smoke and vape shops from certain sensitive uses, which is more restrictive than other similar uses. The City has initiated the Municipal Code Amendment to make the distance requirements for smoke and vape shops consistent with other City of Fontana Page 1 of 2 Printed on 6/15/2022
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ATTACHMENT NO.
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7 File #: 21-1469 Agenda Date: 6/21/2022
Agenda #: Category: Public Hearing
similar uses.

Although Chapter 30 of the Zoning and Development Code currently includes regulations and standards for signs, they do not include a provision for master sign programs, which can be a useful tool to address challenges for larger commercial properties.

PROJECT DESCRIPTION/ANALYSIS:

The City initiated Municipal Code Amendment No. 22-005 to update Chapter 30 (Zoning and Development Code). The following is a brief summary of the revisions; a detailed list of the proposed amendments is provided as part of Exhibit A of the Planning Commission Resolution (Attachment No. 1).

Revision to Chapter 30 Section 30-492 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 seperation requirements consistent with those of alcoholic beverage sales.

Addition of Section 30-731.1 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.

The proposed amendments are proposed in order to provide flexibility and streamlining of the City’s Municipal Code.

MOTION:

Approve staff recommendation
ATTACHMENTS:

1. Planning Commission Resolution/Exhibit A

2. Notice of Exemption

3. Notice of Public Hearing
City of Fontana Page 2 of 2 Printed on 6/15/2022
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ATTACHMENT NO. 7
ATTACHMENT NO. 1

RESOLUTION PC NO. 2022-____

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF FONTANA, CALIFORNIA, RECOMMENDING THAT THE CITY

COUNCIL ADOPT AN ORDINANCE APPROVING MUNICIPAL
CODE AMENDMENT (MCA) NO. 22-005 TO REVISE CHAPTER 30

TO REDUCE BUFFERS FOR SMOKE SHOPS AND ADD

PROVISIONS TO ALLOW FOR COMPREHENSIVE SIGN
PROGRAMS.

WHEREAS, the City of Fontana wishes to protect and preserve the quality of life throughout the City, through effective land use and planning; and WHEREAS, a notice of the public hearing was published in the local newspaper on Friday, June 11, 2022 and posted at City Hall; and
WHERAS, on June 21, 2022, the Planning Commission received public testimony on Municipal Code Amendment (MCA) No. 22-005 and determined that this Ordinance qualifies for a categorical exemption 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. 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.

WHEREAS, the Planning Commission carefully considered all information pertaining to the proposed Municipal Code Amendment, including the staff report, and all the information, evidence, and testimony presented at its public hearing on June 21, 2022; and WHEREAS, the new General Plan includes policies and actions calling for numerous updates to the Municipal Code; and
WHEREAS, State law requires Zoning regulations to be consistent with the General Plan, and therefore updating the Municipal Code would contribute to consistency with the General Plan; and
WHEREAS, the Planning Commission finds that the proposed amendment to the Municipal Code is consistent and compatible with the General Plan, and that the updates directly implement General Plan goals, policies, objectives, the Housing Element policies, and the Zoning and Development Code; and
WHEREAS, the Planning Commission finds that the proposed amendment to Chapter 30 of the Municipal Code will be in conformity with good land use practice and is intended to facilitate ease of use and understanding, as well as to establish appropriate development standards for the land use designations; and
172
ATTACHMENT NO. 7
Resolution PC No. 2022-_____
ATTACHMENT NO. 1

WHEREAS, the Planning Commission finds that the proposed amendment to the Municipal Code (Exhibit “A”) will not be detrimental to the public health, safety, and general welfare, and will not adversely affect the orderly development of property, and will better express the City’s policies, and generally promote good land use planning and regulation.

NOW, THEREFORE, the Commission RESOLVES as follows:

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

Section 2. Based on the foregoing, the Planning Commission hereby recommends that the City Council determine this Ordinance qualifies for a categorical exemption 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, 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.; therefore, a Notice of Exemption has been prepared.

Section 3. That the Planning Commission hereby recommends that the City Council adopt an ordinance approving Municipal Code Amendment (MCA) No. 22-005 which amends the Municipal Code as indicated in “Exhibit A’ as referenced herein.

Section 4. 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 21081.6.

Section 5. 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.

City of Fontana
___________________________
Cathline Fort, Chairperson
ATTACHMENT NO.
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7 Resolution PC No. 2022-_____
ATTACHMENT NO. 1

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
174
ATTACHMENT NO. 7
Resolution PC No. 2022-_____
ATTACHMENT NO. 1

EXHIBIT A
MUNICIPAL CODE AMENDMENT NO. 22-005
MODIFICATIONS TO CHAPTER 30 (ZONING AND DEVELOPMENT CODE)

1. Modifications to Chapter 30 (Zoning and Development Code)  Section No. 30-492 - Conditional Use Permit and Minor Use Permit regulations of Chapter 30 of the Zoning and Development Code is hereby amended 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.

ATTACHMENT NO.
175
7 Resolution PC No. 2022-_____
ATTACHMENT NO. 1

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.
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 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;
ATTACHMENT NO.
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7 Resolution PC No. 2022-_____
ATTACHMENT NO. 1

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 sign program shall provide enhanced design or other elements. 177
ATTACHMENT NO. 7

NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors
County of San Bernardino
385 N. Arrowhead Avenue, 2nd Floor
San Bernardino, CA 92415-0130
FROM:

City of Fontana
Planning Department
8353 Sierra Avenue
Fontana, CA 92335
Project Title: Master Case No. 22-071
Municipal Code Amendment No. 22-005
Project Location - Specific: Citywide
(a) Project Location - City: Fontana, CA
(b) Project Location - County: San Bernardino

1. Description of nature, purpose, and beneficiaries of Project: Municipal Code Amendment No. 22- 005 is a request to update Chapter 30 to reduce required buffers for smoke shops and add provisions to allow for Comprehensive Sign Programs.

2. Name of Public Agency approving project: City of Fontana

3. Name of Person or Agency carrying out project: City of Fontana

4. Exempt status: (Check one)
(a) _____ Ministerial project.
(b) _____ Not a project.
(c) _____ Emergency Project.
(d) __X__ Categorical Exemption. State type and class number: Exempt under guidelines section 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. (e) _____ Declared Emergency.
(f) _____ Statutory Exemption. State Code section number: _______________________ (g) _____ Other. Explanation: _______________________________________________

5. Reason why project was exempt: This project is a citywide code update to Chapter 30 of the Fontana Municipal Code. There is no associated development with this project.

6. Contact Person: Rina Leung, Senior Planner Telephone: (909) 350-6566 Date Received for Filing: __________________________________ Rina Leung
Senior Planner
(Clerk Stamp Here)
ATTACHMENT NO. 2
ATTACHMENT NO.
178
7 NOTICE OF PUBLIC HEARING
Si desea información en Español referente a esta notificación o proyecto, favor de comunicarse al (909) 350-6728.

In compliance with Section No. 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.

Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the agenda will be made available in appropriate alternative formats to persons with a disability.

Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting.

A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:

Master Case No. 22-071/Municipal Code Amendment No. 22-005: Update to the City of Fontana Municipal Code for amendments to Chapters 9 (Environmental Protection and Resource Extraction) and Chapter 30 (Zoning and Development Code). Chapter 9 amendments include additional language for clarity for addressing existing block walls along with a revision to the definition of sensitive receptors. Chapter 30 amendments include reducing the buffer for smoke shops from 1,500 to 600 feet. The proposed Municipal Code Amendment also includes a provision to allow for Comprehensive Sign Programs in Chapter

30. The Planning Commission will review and forward a recommendation to the City Council for the proposed project.

Environmental
Determination:

This project qualifies for a categorical exemption 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.

Location: Citywide
Date of Hearing: June 21, 2022
Place of Hearing: City Hall Council Chambers, 8353 Sierra Avenue, Fontana, CA, 92335 Time of Hearing: 6:00 pm
ATTACHMENT NO.
179
7 Should you have any questions concerning this project, please contact Rina Leung, Senior Planner, at (909) 350-6566 or [email protected].

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION. PLEASE CONTACT THE PLANNER LISTED ABOVE.

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 TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

Publish:
¼ Page
ATTACHMENT NO.
180
7 City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1473 Agenda Date: 6/21/2022
Agenda #: Category: Public Hearing
FROM:

Planning Department
TITLE:

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. 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
REQUEST:

A Municipal Code Amendment (MCA22-006) to amend the City of Fontana Municipal Code by modifying Chapter 30 (Zoning and Development Code) and adding Chapter 33, “Cannabis Businesses and Activities” to provide for limited retail cannabis activities within the City.

PROJECT PLANNER:

Patty Nevins, Director of Planning
BACKGROUND INFORMATION:

On November 8, 2016, California voters passed Proposition 64, the Control, Regulate and Tax Adult City of Fontana Page 1 of 3 Printed on 6/15/2022
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7 File #: 21-1473 Agenda Date: 6/21/2022
Agenda #: Category: Public Hearing
On November 8, 2016, California voters passed Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”), legalizing the use and possession of cannabis and cannabis products by adults aged 21 years and older. On June 27, 2017, Senate Bill 94 was signed into law, which created a single regulatory scheme for both medicinal and non-medicinal cannabis known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”). MAUCRSA gives local jurisdictions, including the City of Fontana (“City”), the authority to adopt and enforce local ordinances regulating cannabis businesses. On January 1, 2018, State licensing authorities began issuing licenses to businesses that operate in local jurisdictions that allow commercial cannabis activity.

The City currently prohibits the establishment and operation of commercial cannabis activity of any kind, and requires a City-issued permit for residential indoor cannabis cultivation. In 2021, City Council directed staff to review economic development and regulatory options for possible cannabis businesses in the City in light of neighboring cities success in regulating commercial cannabis businesses. As such, the City is now considering allowing cannabis retail establishments that would be permitted to operate a limited number of storefront retailers and for the sale of cannabis by delivery to customers by those same storefront retailers. Currently, there are 1,058 cannabis retailers statewide, of which 734 are storefront retailers and the remaining 324 are non-storefront delivery services, which only sell cannabis to customers.

PROJECT DESCRIPTION/ANALYSIS:

The attached Ordinance is generally based on the City of Pomona’s model and is designed to create a merit-based, professional review process for the issuance of a Commercial Cannabis Permit (“Permit”) that is transparent and comprehensive. Permits would only allow for the retail sale and delivery of commercial cannabis, including both medicinal and recreational adult-use cannabis. As currently proposed, only three (3) Permits would be available in the City. If the proposed Ordinance is adopted, and the three Permits are issued, the issuance of any additional Permits would require an amendment to the Fontana Municipal Code.

Each of the three (3) Permits issued would be issued for one of three designated areas within the City (i.e., North, Central, and South), as shown in the attached map (Exhibit “C”). Within each of those designated areas, Permits may be issued in the following zone districts: C-1 (Community Commercial), C-2 (General Commercial), and Specific Plan areas designated in the proposed Ordinance. In addition to all other applicable zoning regulations, no Permit would be issued for a business located within a 600-foot radius of a school providing instruction in kindergarten or any grades one through twelve, a day care center, park, a youth and recreation center, or city boundaries.

As proposed, neither the Planning Commission, nor the City Council would play a role in the evaluation and scoring of applications for Permits, nor would either play a role in the selection or Permit issuance. The parameters and criteria for the issuance of a Permit is set out in specific detail in the Ordinance and includes a rigorous five-phase application process, the implementation of which is wholly administrative. Taken together, the five-phases of the Permit application process include (1) an initial screening process with a background checks for all proposed owners and operators, (2) scoring of an application on specified criteria, (3) an interview, (4) identification of a proposed business location and a detailed site plan, and (5) final scoring and ranking of applicants, and Permit issuance, if available.

All Permit applicants would be required to comply with Process Integrity Standards, which would be City of Fontana Page 2 of 3 Printed on 6/15/2022
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Agenda #: Category: Public Hearing
All Permit applicants would be required to comply with Process Integrity Standards, which would be established by a separate City Council Resolution. Failure to abide by the Process Integrity Standards may result in disqualification from the review process or revocation of an issued Permit.

Prior to being issued a Permit to commence operations, the proposed Permittee must enter into a fully executed Operating Agreement with the City which will include fiscal mitigation measures including a community benefit charge in an amount determined by a City Council approved Operating Agreement, and obtain a City Business License.

Once issued, the Permits would be nonassignable and nontransferable, and changes in either the location or ownership of the Commercial Cannabis Business would require approval by the City.

Each Permit will expire three (3) years after initial issuance, and will then be renewed annually thereafter. Once a Permit is issued the City retains broad discretion to revoke, suspend or terminate Permits for failure to comply with the requirement imposed by the newly added Chapter 33 “Cannabis Businesses and Activities” or compliance with state law, including state licensing requirements. City Council would only hear appeals from decisions affecting a Permittee, such as nonrenewal, suspension, or revocation.

In order to enact Chapter 33 “Cannabis Businesses and Activities”, revisions to Chapter 30 are required, including amending Section 30-489 “Uses Permitted” to allow for Commercial Cannabis Businesses within Commercial Zoning Districts, as provided in Exhibit “A” of the proposed Ordinance.

MOTION:

Approve staff recommendation.

ATTACHMENTS:

1. Planning Commission Resolution

2. Ordinance No. 2022-XX

3. Commercial Cannabis Map

4. Resolution - Process Integrity Standards

5. Notice of Public Hearing
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RESOLUTION PC NO. 2022-____

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF FONTANA, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE 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”
WHEREAS, the City of Fontana has previously banned commercial cannabis citywide so as to monitor continuous developments with state law and regulation of cannabis by other municipal governments; and
WHEREAS, an approach to cannabis business regulations within the City has been developed which will increase the likelihood of high quality and successful businesses while also minimizing potential adverse secondary impacts; and WHEREAS, notice of the public hearing was published in the local newspaper on Saturday, June 11, 2022 and posted at City Hall; and
WHERAS, on June 21, 2022, the Planning Commission received public testimony on Municipal Code Amendment (MCA) No. 22-006 and determined that this Ordinance is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), or, in the alternative, Section 15303 (new construction or conversion of small structures), along with Sections No. 3.07, 3.22, and

10.59 of the 2019 Local Guidelines for Implementing CEQA; and WHEREAS, the Planning Commission carefully considered all information pertaining to the proposed Municipal Code Amendment, including the staff report, and all the information, evidence, and testimony presented at its public hearing on June 21, 2022; and WHEREAS, the Planning Commission finds that the proposed amendment to the Municipal Code is consistent and compatible with the General Plan, and that the updates directly implement General Plan goals, policies, objectives, the Housing Element policies, and the Zoning and Development Code; and
WHEREAS, the Planning Commission finds that the proposed amendment to Chapter 30 and addition of Chapter 33 to the Municipal Code will be in conformity with good land use practice; and
WHEREAS, the Planning Commission finds that the proposed amendments to the Municipal Code (Exhibit “A”) will not be detrimental to the public health, safety, and general welfare, and will not adversely affect the orderly development of property, and will better express the City’s policies, and generally promote good land use planning and regulation.

NOW, THEREFORE, the Commission RESOLVES as follows:

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

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ATTACHMENT NO. 1

Section 2. Based on the foregoing, the Planning Commission hereby recommends that the City Council determine this Ordinance is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the commonsense exemption), or, in the alternative, Section 15303 (new construction or conversion of small structures), along with Sections No. 3.07, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, and recommends preparation of a Notice of Exemption.

Section 3. That the Planning Commission hereby recommends that the City Council adopt an ordinance approving Municipal Code Amendment (MCA) No. 22-006 which amends the Municipal Code as indicated in “Exhibit A’ as referenced herein.

Section 4. 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 21081.6.

Section 5. 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.

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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-1-
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FONTANA, CALIFORNIA, 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”
WHEREAS, the City of Fontana, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, on September 13, 2016, the City Council adopted Ordinance No. 1747 prohibiting all marijuana uses in the City to the extent allowed under California state law, and included a provision requiring a Residential Indoor Marijuana Cultivation (“RIMC”) permit for any individual who desires to grow up to six (6) marijuana plants in their private residence; and WHEREAS, on November 8, 2016, California voters approved Proposition 64, titled the “Adult Use of Marijuana Act” (the “AUMA”) and enacted a state statutory scheme legalizing, controlling, and regulating the cultivation, processing, manufacturing, distribution, testing, and sale of nonmedical (“adult-use“ or “recreational”) cannabis, including cannabis products, for use by adults twenty-one (21) years of age and older; and
WHEREAS, on January 24, 2017, the City Council adopted Ordinance No. 1758 amending the Zoning and Development Code by adding a new Section 30-7(b) entitled “Residential Indoor Marijuana Cultivation” to regulate indoor cultivation of marijuana and adopted Resolution No. 2017-05 establishing fees for a RIMC permit; and
WHEREAS, on March 12, 2019, the City council adopted Ordinance No. 1794 amending the RIMC fees; and
WHEREAS, on June 27, 2017, Governor Brown signed Senate Bill 94, the “Medicinal and AdultUse Cannabis Regulation and Safety Act” (“SB 94” or the “MAUCRSA”). SB 94 creates one state regulatory structure for medical and adult-use commercial cannabis activities, reconciling AUMA, with the Compassionate Use Act of 1996 (Proposition 215) and MCRSA (collectively referred to as “the Act”). SB 94 provided that a state license will not be approved for a business to engage in Commercial Cannabis Activity if the business activity violates any local ordinance or regulation; and
WHEREAS, three State licensing authorities charged with licensing and regulating commercial cannabis activities in California, the Bureau of Cannabis Control (“BCC”), the California Department of Food and Agriculture (“CDFA”), and the California Department of Public Health (“CDPH”), commenced releasing emergency regulations, outlining the standards and licensing procedures for both medicinal and adult-use commercial cannabis, and began issuing licenses for such activities on January 1, 2018; and
WHEREAS, having banned commercial cannabis citywide so as to monitor continuous developments with state law and how neighboring cities would regulate cannabis, the City Council ATTACHMENT NO.
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has developed an approach to regulating cannabis businesses within the City which will increase the likelihood of high quality and successful businesses and minimize potential adverse secondary impacts; and
WHEREAS, City Council intends to adopt this Ordinance to add Chapter 33 establishing a regulatory permit scheme for commercial cannabis activities, such that each proposed commercial activity must have an operating agreement and a regulatory permit prior to operation; and WHEREAS, City Council intends to repeal Sections 30-6 through 30-11 of Division 3 to comport with the provisions of Chapter 33, and
WHEREAS, the City Council finds and declares that this Ordinance constitutes a valid exercise of police power in accordance with Article XI, Section 7 of the California Constitution, is consistent with the language and intent of the AUMA, MAUCRSA, and related laws regulations, and policies issued by the state, consistent with the General Plan, and furthers the health, safety, and general welfare of the residents of the City of Fontana.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fontana as follows:

SECTION 1: Division 3 “Marijuana Uses” of Chapter 30 of the Fontana Municipal Code, is hereby repealed in its entirety.

SECTION 2: The Fontana City Code is hereby amended by adding Chapter 33, “Cannabis Businesses and Activities,” which shall read as follows:

CHAPTER 33 CANNABIS BUSINESSES AND ACTIVITIES
Sec. 33-1. Purpose and Intent.

Sec. 33-2. Legal Authority.

Sec. 33-3. Commercial Cannabis Businesses Prohibited Unless Specifically Authorized by this Chapter.

Sec. 33-4. Compliance with Laws.

Sec. 33-5. Definitions.

Sec. 33-6. Commercial Cannabis Permit Required to Engage in Commercial Cannabis Business.

Sec. 33-7. Maximum Number of Commercial Cannabis Businesses Authorized and Designated Locations; Application Process.

Sec. 33-8. Initial Commercial Cannabis Permit Application and Scoring.

Sec. 33-9. Application Review, Scoring and Selection Process; Permit Issuance.

Sec. 33-10. Expiration of Commercial Cannabis Permits.

Sec. 33-11. Revocation of Permits.

Sec. 33-12. Renewal Applications.

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Sec. 33-13. Effect of State License Suspension, Revocation, or Termination.

Sec. 33-14. Appeals.

Sec. 33-15. Commercial Cannabis Permit – Nonassignable and Nontransferable.

Sec. 33-16. Change in Location of Commercial Cannabis Business.

Sec. 33-17. Changes in Ownership of Commercial Cannabis Business.

Sec. 33-18. Change in Ownership when the Permittee is a Partnership or Corporation.

Sec. 33-19. Changes in Name Only.

Sec. 33-20. Alterations to Approved Facility.

Sec. 33-21. Operating Agreement Required.

Sec. 33-22. City Business License.

Sec. 33-23. Permits and Inspections Prior to Commencing Operations.

Sec. 33-24. City Discretion and Limitations on City’s Liability.

Sec. 33-25. Records and Recordkeeping.

Sec. 33-26. Restriction on Alcohol and Tobacco Sales, Dispensing or Consumption.

Sec. 33-27. Fees and Charges.

Sec. 33-28. Commercial Cannabis Businesses Permissible Zone Districts.

Sec. 33-29. Operating Requirements Applicable to all Commercial Cannabis Businesses.

Sec. 33-30. Additional Operating Regulations for Storefront Retail.

Sec. 33-31. Additional Operating Regulations for Cannabis Delivery.

Sec. 33-32. Promulgation of Regulations, Standards and Other Legal Duties.

Sec. 33-33. Fees Deemed Debt to City.

Sec. 33-34. Responsibility for Violations.

Sec. 33-35. Inspections.

Sec. 33-36. Violations and Penalties.

Sec. 33-37. Effect on Other Ordinances.

Sec. 33.38. Whistleblower Protection.

Sec. 33.39. Revolving Door Prohibition.

Sec. 33.40. Process Integrity Provision.

Sec. 33.41. Cannabis, Personal Use.

Sec. 33.42. Residential Indoor Cannabis Cultivation.

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Sec. 33-1 Purpose and Intent.

It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) to accommodate the needs of medicallyill persons and provide access to adult-use cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to adult-use of cannabis for persons over the age of 21 as authorized by the Control, Tax & Regulate the Adult Use Cannabis Act (“AUMA” or “Proposition 64” passed by California voters in 2016), while imposing reasonable regulations on the use of land to protect the City’s residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the purpose and intent of this Chapter to regulate the sale, delivery, and transportation of medicinal and adult-use cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of Fontana and to enforce rules and regulations consistent with state law.

It is the further purpose and intent of this Chapter to require all Commercial Cannabis Businesses operating in the City to obtain and renew annually a Commercial Cannabis Permit to operate within Fontana and an annual City of Fontana Business License.

Nothing in this Chapter is intended to authorize the possession, use, or provision of cannabis for purposes that violate state or federal law. The provisions of this Chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the City, and are in addition to any permits, licenses and approval required under state, county, or other law.

Sec. 33-2 Legal Authority.

Pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of MAUCRSA, any subsequent state legislation and regulations regarding same, the City is authorized to adopt ordinances that establish standards, requirements and regulations for the licensing and permitting of commercial medicinal and adult-use cannabis activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City to all Commercial Cannabis Activity.

Sec. 33-3 Commercial Cannabis Businesses Prohibited Unless Specifically Authorized by this Chapter.

Except as specifically authorized in this Chapter, commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, distribution or transportation (other than as provided under California Business & Professions Code section 26090(e)), of cannabis or cannabis products is expressly prohibited.

Sec. 33-4 Compliance with Laws.

Nothing in this Chapter shall be construed as authorizing any actions that violate federal, state law or local law with respect to engaging in, or in the operation of, a Commercial Cannabis Business.

Nor shall this Chapter be construed as amending existing prohibitions on smoking tobacco or cannabis in public buildings and parks. It shall be the responsibility of the Permittees and Responsible Persons of a Commercial Cannabis Business to ensure that a Commercial Cannabis ATTACHMENT NO.
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Business is, at all times, operating in a manner compliant with all applicable federal, state and local laws, including for as long as applicable, all state cannabis laws, any subsequently enacted state law or regulatory, licensing, or certification standards or requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of a required license or permit.

Sec. 33-5 Definitions.

When used in this Chapter, the following words shall have the meanings ascribed to them as set forth herein. Any reference to California statutes includes any regulations promulgated thereunder, and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
“A-License” is a license issued by the State of California under MAUCRSA for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess physician’s recommendations.
“Applicant” shall include any individual or entity applying for a permit under this Chapter, desiring to enter into an operating agreement, and including any officer, director, partner, or other duly authorized representative applying on behalf of an entity. “Business License” is the license issued by the City’s Business License Division after payment of the business tax as set forth in Division 1 of Article VIII of Chapter 50 of the City of Fontana City Code.
“Bureau” means the Bureau of Cannabis Control within the Department of Consumer Affairs, and shall have the same meaning as in Section 26001(e) of the Business and Professions Code, as same may be amended from time to time.
“Cannabis” means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this Chapter, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the California Health and Safety Code. Cannabis shall also have the same meaning as in Section 26001(f) of the Business and Professions Code, as same may be amended from time to time.
“Cannabis Accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body. Cannabis ATTACHMENT NO.
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accessories shall also have the same meaning as in Section 11018.2 of the Health and Safety Code, as same may be amended from time to time.
“Cannabis Concentrate” means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this Chapter. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or drug, as defined by Section 109925 of the Health and Safety Code. Cannabis accessories shall also have the same meaning as in Section 26001(h) of the Business and Professions Code, as same may be amended from time to time.
“Cannabis Products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including but not limited to concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

Cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or drug, as defined by Section 109925 of the Health and Safety Code. Cannabis products shall also have the same meaning as in Section 11018.1 of the Health and Safety Code, as same may be amended from time to time.
“Cannabis Retailer-Storefront” is a storefront retailer of a Commercial Cannabis Business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale to customers at a fixed location, including an establishment that also offers delivery of cannabis and cannabis products as part of a retail sale, and which are open to the public, and where the operator is authorized to operate in the City as a retailer, and holds a valid state license as required by state law to operate a retailer. “Caregiver” or “Primary Caregiver” has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code.
“City” shall mean the City of Fontana, California.
“City Manager” shall mean the City Manager of the City, including his or her designee. “Code” shall mean The Code of the City of Fontana.
“Commercial Cannabis Activity” includes the possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in MAUCRSA. Commercial cannabis activity shall also have the same meaning as in Section 26001(k) of the Business and Professions Code, as same may be amended from time to time.
“Commercial Cannabis Business” means any business or operation which engages in medicinal or adult-use Commercial Cannabis Activity.
“Commercial Cannabis Permit” means the regulatory permit issued by the City to a Commercial Cannabis Business, which is required before any Commercial Cannabis Activity may be conducted in the City, pursuant to this Chapter.

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“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Cultivation area” means the area where cannabis plants are cultivated, cultivation-related materials and supplies are stored, and any cannabis processed from the cultivation in excess of

28.5 grams.
“Customer” is a natural person 21 year of age or older; or, a natural person 18 years of age or older who possesses a physician’s recommendation, or a primary caregiver. Customer shall also have the same meaning as in Section 26001(n) of the Business and Professions Code, as same may be amended from time to time.
“Day Care Center” has the same meaning as in Section 1596.76 of the Health and Safety Code, as same may be amended from time to time.
“Delivery” is the commercial transfer of cannabis or cannabis products to a customer. Delivery also includes the use by a retailer of any technology platform owned and controlled by the retailer.

Delivery shall also have the same meaning as in Section 26001(o) of the Business and Professions Code, as same may be amended from time to time.
“Directly engage in cultivation” means to handle the cannabis plants in the cultivation process. “Dispensing” means any activity involving the retail sale of cannabis or cannabis products from a retailer.
“Edible Cannabis Product” means a cannabis product that is intended to be used, in whole or in part, for human consumption, and is not considered food. Edible cannabis product has the same meaning as Business and Professions Code section 26001(u). “Fire Chief” shall mean the City’s Fire Chief.
“Indirectly engage in cultivation” means to assist, even if not handling cannabis plants, in the cultivation process
“Law enforcement agency” refers to the agency charged with enforcing the pertinent laws in the City. The law enforcement agency for the City shall be the Fontana Police Department. Unless the provisions of the context otherwise require, whenever any provision of this Code makes reference to the law enforcement agency of the City, such shall be construed to mean, and deemed to constitute, that person holding the office of Chief of Police for the City and his or her authorized deputies or officers, performing law enforcement functions for the City. “Law enforcement officer” means any law enforcement officer of the City’s law enforcement agency, or officer of the Fontana Police Department, authorized to enforce the City’s laws, including those contained in this Chapter.
“License or State License” means a license issued by the State of California, or one of its departments or divisions, under MAUCRSA, and any subsequent State of California legislation regarding the same, to lawfully engage in Commercial Cannabis Activity.

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“Licensee” means any person holding a license issued by the State of California to conduct Commercial Cannabis Business activities.
“Manager” means any person(s) designated by the Commercial Cannabis Business to act as the representative or agent of the Commercial Cannabis Business in managing day-to-day operations with corresponding liabilities and responsibilities, or the person in apparent charge of the premises where the Commercial Cannabis Business is located. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct, supervise, or hire and dismiss employees, controls hours of operations, creates policy rules, or purchases supplies. “M-license” means a license issued by the state of California under MAUCRSA for Commercial Cannabis Activity involving medicinal cannabis.
“Medicinal cannabis or medicinal cannabis product” refers to cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215) or the Medical Marijuana Program Act of 2003, found at Sections 11362.5 and 11362.71 et seq. of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a valid and current identification card issued by a California licensed physician’s recommendation.
“Operation” means any act for which a license is required under the provisions of the Act, or any commercial transfer of cannabis or cannabis products. Operation shall also have the same meaning as in Section 26001(al) of the Business and Professions Code, as same may be amended from time to time.
“Owner” means any of the following, or a group or combination of any of the following acting as a unit:
(1.) A person with an aggregate ownership interest of one percent (1%) or more in the person applying for a City Commercial Cannabis Permit, whether a partner, shareholder, principal, member, or the like, unless the interest is solely a security, lien, or encumbrance.
(2.) The chief executive officer of a nonprofit or other entity. (3.) A member of the board of directors of a nonprofit. (4.) An individual who will be participating in the direction, control, or management of the person applying for a City Commercial Cannabis Permit.
“Patient or qualified patient” means the same definition as California Health and Safety Code Section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health & Safety Code Section 11362.5. “Permittee” means any person to whom a current and valid City-issued Commercial Cannabis Business Permit has been issued.

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“Person” means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit or entity, and the plural as well as the singular. “Personal use” means to possess, use, or give away to persons 21 years of age or older without any compensation whatsoever.
“Premises” means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant where the Commercial Cannabis Business will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one Permittee.
“Private Residence” means a house, an apartment unit, a mobile home, or other similar dwelling. “Purchaser” means the customer who is engaged in a transaction with a Permittee for purposes of obtaining cannabis or cannabis products.
“Regulations” means those regulations prescribed and issued by the State of California, through its respective departments and divisions, pursuant to Section 26013 of the Business and Professions Code, including those regulations as found in the California Code of Regulations (including, Title 3, Division 8; Title 16, Division 42; and Title 17, Division 1), as same may be amended from time to time, to implement, interpret, administer and enforce the Act, and providing licensing and enforcement criteria for commercial cannabis activities and businesses. “Responsible Person” means all Owners and Operators of a Commercial Cannabis Business, including the Permittee and all officers, directors, managers, or partners, and all persons with authority, including apparent authority, over the premises of the Commercial Cannabis Business. “Security deposit/bond” means a financial commitment in the form of a cash payment, surety bond, letter of credit or other legal instrument securing an Applicant’s or Permittee’s commitments as required by this Chapter.
“Sell,” “sale,” “retail sale,” or “to sell” includes any transaction whereby, for any consideration or gross receipt, whether actual or intangible, title to cannabis or cannabis products are transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a Customer to the Licensee from whom the cannabis or cannabis product was purchased. “State law” means all laws of the State of California, which includes, but are not limited to, all rules, regulations, and policies adopted by State of California agencies, departments, divisions, and regulatory entities, as same may be amended from time to time. “Topical Cannabis” means a product intended for external application or absorption through the skin. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.

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“Transport” means the transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting Commercial Cannabis Activity authorized by law and which may be amended or repealed by any subsequent State of California legislation regarding the same. “Youth and Recreation Center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. Parks with organized youth-oriented programs are also Youth and Recreation Centers for the purposes of this Chapter 33. Youth and recreation center shall also have the same meaning as in Section 11353.1 of the Health and Safety Code and Section 26001(ax) of the Business and Professions Code, as each may be amended from time to time.

Any term defined in this section also means the very term as defined in the California Business and Professions Code or the California Health and Safety Code, unless otherwise specified.

Sec. 33-6 Commercial Cannabis Permit Required to Engage in Commercial Cannabis Business.
(a) No person may engage in any Commercial Cannabis Business or in any Commercial Cannabis Activity within the City unless the person (a) has a valid Commercial Cannabis Permit from the City, (b) has a valid State of California Seller’s Permit, (c) has entered into a fully executed Operating Agreement, approved by City Council, and (d) is in compliance with all applicable state and local laws and regulations pertaining to the Commercial Cannabis Business and commercial cannabis activities, including the duty to obtain any required state licenses, business license obtained and all taxes paid and all other applicable laws including without limitation zoning and fire codes.
(b) The classification and type of Commercial Cannabis Businesses allowed for by this Chapter are retailer-storefront and the ancillary transportation and delivery of cannabis or cannabis products to a Customer.
(c) In addition to all other applicable zoning regulations and the requirements of all required state and local permits, no Commercial Cannabis Permit will be valid if the proposed Commercial Cannabis Business is located within a 600-foot radius of a school providing instruction in kindergarten or any grades one through twelve, a day care center, park, a Youth and Recreation Center with primary Youth and Recreation Center activities, which is in lawful existence at the time a successful application was submitted to the City, or the City boundaries.

No Commercial Cannabis Permit will be valid if the proposed Commercial Cannabis Business is located within a 600-foot radius of the City boundaries.

Sec. 33-7 Maximum Number of Commercial Cannabis Businesses Authorized and Designated Locations; Application Process.
(a) The maximum number of Commercial Cannabis Permits that may be issued in the City is three (3). One may be issued for the North Area, one may be issued for the Central Area and one may be issued for the South Area based on the boundaries of the Commercial Cannabis Map approved by the City Council concurrently with the adoption of this Chapter.

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(b) The process for issuing Commercial Cannabis Permits to qualified cannabis businesses is meant to result in qualified businesses that will operate in accordance with state and local law, be successful, contribute positively to the community and local economy, and avoid secondary adverse impacts. Toward that objective, the application process includes these five phases:
(1.) PHASE ONE: Application submittal. This includes submitted complete information, completed Livescan and background check information (state and federal database) of all Responsible Persons, and processing fees. (2.) PHASE TWO: Initial scoring of application by a qualified third party. (3.) PHASE THREE: Interview process.
(4.) PHASE FOUR: Location identification and verification. (5.) PHASE FIVE: Final scoring, and, if permits available, permit issuance.

Sec. 33-8 Initial Commercial Cannabis Permit Application and Scoring (a) The City Manager may establish additional submittal requirements for an application for a Commercial Cannabis Permit. The intent of this Chapter is to create a meritbased, competitive evaluation system. Applications submitted by legal representatives, consultants, partners or investors will not be accepted. The following information shall be included in any application for a Commercial Cannabis Permit:
(1.) Name of Applicant
(2.) Business Trade Name (if applicable) of the applicant (3.) Identification of Owner(s) (full name, primary phone number, social security number or individual taxpayer identification number, date and place of birth, email address, and mailing address for the primary owner submitting the Application)
(4.) For each person that is an “owner” of the applicant, (i.) Percentage of interest held in the applicant entity by each owner; (ii.) Whether the owner has an ownership or financial interest, as defined in section 5003 of the Regulations, in any other Commercial Cannabis Business licensed under the AUMA or MAUCRSA;
(iii.) A copy of each Responsible Person’s government-issued identification, acceptable forms are a document issued by a federal, state, county, or municipal government that includes the name, date of birth, physical description, and picture of the owner, such as a driver’s license;
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(iv.) A detailed description of the owner’s criminal convictions, if applicable. A conviction for this purpose means a plea or guilty verdict of guilty or a conviction following a plea of nolo contendere.

Convictions dismissed under Penal Code section 1203.4 or equivalent non-California law must be disclosed. Convictions dismissed under Health & Safety Code section 11361.8 or equivalent non-California law must be disclosed. Juvenile Adjudications and traffic infractions under $300 that did not involve alcohol, dangerous drugs, or controlled substances do not need to be included. For each conviction, provide: (1) the date of conviction; (2) dates of incarceration, if applicable; (3) dates of probation, if applicable; (4) dates of parole, if applicable; (5) a detailed description of the offense for which the owner was convicted; and (6) a statement of rehabilitation for each conviction written by the owner that demonstrates the owner’s fitness for consideration; (v.) If applicable, a detailed description of a commercial cannabis license, revocation of a commercial cannabis license, or sanctions for unlicensed Commercial Cannabis Activity by a licensing authority or local agency against the applicant or a business entity in which the applicant was an owner or officer within the three (3) years immediately preceding the date of the application; (vi.) If applicable, a detailed description if the City issued the applicant a notice or citation for unlicensed Commercial Cannabis Activity, or if the applicant was a defendant in a civil or criminal proceeding filed by the City or the People of the State of California, for allowing, causing, or permitting unlicensed commercial cannabis activities within the City’s jurisdiction;
(vii.) An attestation of each owner as follows: “Under penalty of perjury, I hereby declare that the information contained within and submitted with the application is complete, true, and accurate. I understand that a misrepresentation of fact or omission may be cause for rejection or denial of this application, or revocation of any Commercial Cannabis Permit or any permit, license or approval issued in reliance thereon.”
(5.) Primary Contact: The contact information for the applicant’s designated primary contact person, including the name, title, phone number, and email address of said individual.
(6.) Qualifications and Experience of Applicants and Owners: The application shall include information concerning any special business or professional qualifications or licenses of the applicants and owners, and the years of relevant and related experience, that would add to the number or quality of services that facility would provide, or otherwise demonstrates the ATTACHMENT NO.
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applicants’ and owners’ capacity to operate a successful commercial cannabis facility in compliance with applicable laws and regulations. (7.) Disclosure of Lobbying Activity: If applicant contracted, employed or in any manner paid or will pay any person for influencing or attempting to influence an elected official, appointed official or any employee of the City, shall fully disclose the name of individuals and organization(s) performing lobbying services.
(8.) Description of Operating Procedures: Applications shall include a detailed description of the applicant’s proposed operating procedures for each commercial cannabis activity, including an explanation for how the business will comply with the operating regulations of this Code and state law. The application must include copies of any applicable policies or manuals of the applicant and address each of the following, if applicable:
(i.) Transportation Procedures: A description of the procedure for transporting cannabis and cannabis products, including whether or not the applicant will be transporting cannabis or cannabis products or contracting for transportation services.
(ii.) Inventory Procedures:

1. A description of the applicant’s procedure for receiving shipments of inventory;

2. Where the applicant’s inventory will be stored on the premises and how records of the inventory will be
maintained; and

3. Procedure for performing inventory reconciliation and for ensuring that inventory records are accurate.
(iii.) Quality Control Procedures:

1. Procedures for preventing the deterioration of cannabis or cannabis products held by the applicant;

2. Procedures for ensuring that cannabis and cannabis products are properly packaged and labeled; and

3. Procedure for ensuring that an independent licensed testing laboratory samples and analyzes cannabis and cannabis
products held by the applicant.
(iv.) Security Procedures: All applicants shall propose sufficient security measures to deter and prevent the unauthorized access or entrance into areas containing cannabis or cannabis products, and to deter and ATTACHMENT NO.
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prevent the theft of cannabis or cannabis products at the Commercial Cannabis Business (together a “Security Plan”). The proposed Security Plan will remain confidential and shall include, but shall not be limited to, all of the following:

1. Preventing individuals from remaining on the premises of the Commercial Cannabis Business if they are not engaging in an activity directly related to the permitted operations of the Commercial Cannabis Business.

2. Establishing limited access areas accessible only to authorized Commercial Cannabis Business personnel.

3. How and where all cannabis and cannabis products will be stored in a secured and locked room, safe, or vault. How all cannabis and cannabis products, will be kept in a manner as to prevent diversion, theft, and loss.

4. Procedures for installing 24-hour security surveillance cameras (CCTV) of at least HD-quality video with audio to monitor all entrances and exits to and from the premises, all interior spaces within the Commercial Cannabis Business which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur.

Procedures for how the applicant will ensure that the security surveillance camera’s footage is remotely accessible to law enforcement, and that it is compatible with the City’s
software and hardware. In addition, procedures on how
remote and real-time, live access to the video footage from the cameras will be provided to law enforcement. Procedures for ensuring video recordings are maintained for a minimum of sixty (60) calendar days, and procedures to make them available to law enforcement upon request. Procedures to ensure video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the Commercial Cannabis Business.

5. A description of where sensors will be installed to detect entry and exit from all secure areas.

6. A description of procedures of installing panic buttons in the premises.

7. Description of having a professionally installed, maintained, and monitored alarm system, with the required City alarm ATTACHMENT NO.
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permit as required by this Fontana City Code Section 14- 391, et seq.

8. A description of the physical security features and
improvements that will be installed on the exterior and within the interior of the building, in full compliance with all applicable Building and Safety and Fire Code
requirements and any applicable zoning requirements. Use of wrought iron on any exterior door, window or opening is prohibited.

9. Procedures on establishing a plan to have security personnel on-site 24 hours a day, or alternative security as authorized by the City. Description or documentation showing that the proposed security personnel are licensed by the State of California Bureau of Security and Investigative Services personnel. Procedure to submit to the City and the City’s law enforcement agency the names and contact information of security personnel, with copies of state-issued licenses and permits, government-issued identification form, and photographs of uniforms and badges. Acknowledgement
from applicant indicating that it shall be responsible for providing this confirming information to law enforcement, with updating information within seven (7) calendar days of a change in security personnel, agents, or representatives.

10. Procedures on how each applicant shall have the capability to remain secure during a power outage and ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

11. Identification of a designated security representative/liaison to the City, who shall be reasonably available to meet with City staff, as well as law enforcement regarding any security related measures or operational issues.

12. A storage and transportation plan, describing in detail the procedures for safely and securely receiving, storing and transporting all cannabis, cannabis products, including the use of child-safe cannabis containers, and any currency.

13. An affirmative commitment that the applicant will cooperate with the City whenever the City Manager, or his or her
designee, makes a request, upon reasonable notice, to inspect or audit the effectiveness of any Security Plan or of any other requirement of this subsection.

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14. A description and plan of how the applicant will notify law enforcement within 24 hours after discovering any of the following:
a. Significant discrepancies identified during
inventory. The level of significance shall be
determined by the regulations promulgated by law
enforcement.
b. Diversion, theft, loss, or any criminal activity
involving the Commercial Cannabis Business or any
agent or employee of the Commercial Cannabis
Business.
c. The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary
caregivers, or employees or agents of the
Commercial Cannabis Business.
d. Any other breach of security.
(9.) All applicants shall submit a workforce plan that may include, but is not required to include, a (1) commitment for local hires; (2) commitment to offer apprenticeships and/or compensation for continuing education in the field; (3) pay a living wage to its employees, and (4) current collective bargaining agreement with labor organization that currently represents cannabis workers in the United States.
(10.) Seller’s Permit: The applicant shall provide a valid seller’s permit number issued by the California Department of Tax and Fee Administration, if applicable. If the applicant has not yet received a seller’s permit, the applicant shall attest that the applicant is or will before commencing operations, apply for a seller’s permit.
(11.) Indemnification Agreement: To the fullest extent permitted by local, state and federal law, the City shall not assume any liability whatsoever with respect to having issued a Commercial Cannabis Permit or otherwise approving the operation of any Commercial Cannabis Business. As a condition to the approval of any Commercial Cannabis Permit, the applicant is to execute a separate Indemnification Agreement prepared by the City that fully indemnifies the City for all liabilities associated with the Commercial Cannabis Permit, the Commercial Cannabis Permittee's Commercial Cannabis Activities, and any action taken by the Cannabis Permittee. The Indemnification Agreement shall include the defense of the City and reimbursement of all fees, costs and expenses incurred by the City related to any action arising from the Agreement.

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(12.) Payment of Application Fee: Each applicant shall pay the applicable fee(s) pursuant to this Chapter.
(13.) Each Applicant shall provide the City a Security deposit or bond for code compliance costs. The Security deposit or bond shall be in an amount established by the City Council and shall be provided with the application. (14.) Conceptual renderings of the interior and exterior of the proposed premises. (b) Background Check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorizes City authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every applicant and Responsible Person of the Commercial Cannabis Business must submit fingerprints and other information deemed necessary by the Fontana Police Department, or the City’s law enforcement agency, for a background check. No person shall be issued a permit to operate a Commercial Cannabis Business unless they have first cleared the background check, as determined by the City, Fontana Police Department, or the City’s law enforcement agency as required by this section. (c) The City Manager may adopt any procedure(s) to supplement the initial application process. The City Manager is authorized to prepare the necessary applications, forms, adopt any necessary rules to the application, regulations and processes, and solicit applications. (d) Any Applicant whose ’ownership’ includes a person with a past plea or verdict of guilty or a conviction following a plea of nolo contendere for operating a non-licensed cannabis business shall be disqualified from receiving a Commercial Cannabis Permit Sec. 33-9 Application Review, Scoring, and Selection Process; Permit Issuance. (a) Phase One. The City Manager or City Manager’s designee will determine that a complete and timely initial application has been submitted, and will conduct a background check for all responsible parties.
(b) Phase Two. Scoring of Application. The review of the application will be performed by the City Manager of the City Manager’s designee. The applications will be evaluated on the following criteria:
(1.) Qualifications/Business Plan (40 points)
(i.) Existing or prior retail Cannabis businesses.
(ii.) Cannabis Experience of the Permittee and all Responsible Persons. (iii.) General Business Experience of Responsible Persons. (iv.) Financial means of Applicant and Responsible Persons.

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(2.) Operating Plan (40 points)
(i.) Retail distribution.
(ii.) Inventory control procedures.
(iii.) Security procedures.
(iv.) Workforce Plan.
(3.) Community Improvement (20 points)
(i.) Social service support.
(ii.) Conceptual renderings of interior and exterior.
(c) Phase Three. Applicants who score a minimum of eighty (80) points in Phase Two are eligible to undergo the interview process of Phase Three (70 points). The City Manager shall designate a Commercial Cannabis Permit Application Evaluator who shall not have participated in the initial review and scoring in Phase Two. The Commercial Cannabis Permit Application Evaluator shall hold an interview for each qualified Applicant. (1.) The Commercial Cannabis Permit Application Evaluator may be an independent contractor or a designated employee. The Commercial Cannabis Permit Application Evaluator must file a Fair Political Practices Commission Form 700, commonly known as a Statement of Economic Interests, upon assuming the role, exiting the role, and as otherwise required by law for designated filers.
(d) Phase Four: Applicants who score a minimum of sixty (60) points in Phase Three will be provided with 120 days to identify a proposed location. Within 120 days, the Applicant shall submit the physical address of the proposed location, as well as the San Bernardino County Assessor Parcel Number and property owner’s consent. Additionally, the Applicant shall submit the following:
(1.) Evidence of the applicant’s right to use and occupy the property, which shall consist of premises of not less than 6,000 square feet. If owned by applicant, a grant deed or a copy of title for the property. If not owned by applicant, a document from the landowner or the landowner’s agent stating the applicant has the right to occupy the property and acknowledges that the applicant may use the property to potentially conduct a Commercial Cannabis Business for which the applicant is applying, plus any lease agreement. (2.) A complete and detailed site plan of the premises, interior and exterior elevations of the premises, and a map showing the premises’ location within the City. The site plan and must comply with the following:

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(i.) Shows the boundaries of the property and the proposed premises to be utilized, showing all boundaries, dimensions, entrances and exits, interior partitions, walls, rooms, bathrooms, windows, doorways, and common or common shared entryways, and a brief statement of the principal activity to be conducted therein;
(ii.) Map identifying any instruction in kindergarten or any grades 1 through 12, day care, park, Youth and Recreation Center facilities, City boundaries and any Commercial Cannabis Business located within 600 feet of the property lines of the proposed location. If the proposed location is not within 600 feet of any such uses, identify on the map the closest such use, and the distance in feet between that use and the property line of the proposed location;
(iii.) Identifies all commercial cannabis activities that will take place in each area of the premises, and identification of limited access areas; (iv.) The location of all proposed security cameras with a number assigned to each for identification purposes;
(v.) The diagram shall be clear, legible, and to scale, and shall not include any highlighting; and
(vi.) If the proposed premises include only a portion of a property, the diagram must be labeled indicating which part of the property is the proposed premises and what the remainder will be used for. (3.) The Commercial Cannabis Permit Application Evaluator may conduct a site inspection as part of the review.
(4.) Upon submission, the City will verify the proposed location satisfies the requirements of this Chapter and the Commercial Cannabis Permit Application Evaluator will score the proposed location, site plan, and interior and exterior elevations of the premises (30 points). (e) Phase Five: The scores for Phases Three and Four will be aggregated. The Commercial Cannabis Permit Application Evaluator will determine the final rankings of the Commercial Cannabis Permit applications per area, as the areas are described in Section 33-7. A total of 100 points are available in Phase Five. After the rankings per area are complete, the City Manager will issue highest rangking applicants Commercial Cannabis Permits to the extent that there are permits available and in order of highest ranked Applicants. (f) If after final rankings by the Commercial Cannabis Permit Application Evaluator there is a tie in total points by two or more applicants, the City Manager may designate a third party to hold an allotment by chance to complete the ranking system.

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(g) Notwithstanding anything in this Chapter to the contrary, the City reserves the right to reject any or all applications, at any time in the review process, if it determines it would be in the best interest of the City, taking into account the health, safety and welfare of the community. (h) The City Manager may promulgate additional rules or policies to establish supplemental or more detailed scoring categories, with respective scoring points, under any one or all of the criteria listed hereinabove, prior to the commencement of the City accepting any applications.
(i) The City Manager’s decision as to the selection of the prevailing candidates shall be final and not subject to appeal.
(j) Being issued a Notice of Selection does not constitute a land use entitlement and does not satisfy the requirements of securing a technical permits for all construction and structural alterations, including building, electrical, plumbing, and mechanical permits, undergoing and passing all building and fire intermittent and final inspections, and securing any other required permits, licenses, or reviews as may be necessary by the relevant departments or government agencies in charge of said permits. Nor does it guarantee that the plans submitted via the application process meet the standards or requirements in the Fontana Zoning Ordinance, or any building or fire codes, laws, rules or regulations, or any other permit requirement from other local or state departments or agencies.
(k) Applicants shall have no right to a Commercial Cannabis Permit until a permit is actually issued, and then only for the duration of the permit’s term. Each applicant assumes the risk that, at any time prior to the issuance of a permit, the City Council may terminate or delay the program created under this Chapter.
(l) If an application is denied at any phase, in the event that the City is receiving new applications, a new application may not be filed for one (1) year from the date of the denial. (m) Prior to operating a Commercial Cannabis Business, each person awarded a Commercial Cannabis Permit shall be required to pay a permit fee established by resolution of the City Council, to cover the costs of administering the Commercial Cannabis Permit program created in this Chapter. They shall also provide a Security deposit or bond to in an amount established by the City Council to be used by the City in the event City finds it necessary to seek code enforcement or legal assistance to ensure compliance with this Chapter and state cannabis laws.

Sec. 33-10 Expiration of Commercial Cannabis Permits.

Each Commercial Cannabis Permit issued pursuant to this Chapter shall expire three (3) years after the date of its issuance. Commercial Cannabis Permits may be renewed annually as provided in this Chapter.

Sec. 33-11 Revocation of Permits.
(a) The following are grounds for revocation of a Commercial Cannabis Permit:

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(1.) The Commercial Cannabis Business is not operational within eighteen (18) months of permit issuance. This timeframe may be extended at the discretion of the City Manager or designee.
(2.) Failure of a permittee to comply with any requirement imposed by the provisions of this Code, including but not limited to any rule, regulation, condition or standard adopted pursuant to this Chapter, or any term or condition imposed on the Commercial Cannabis Permit, or any provision of state law;
(3.) Revocation of a state license held by a Responsible Person or permittee of a Commercial Cannabis Permit issued by the City;
(4.) If the Permittee, its owner(s), manager(s) or a Responsible Person, within the past three years has been sentenced or had a judgment issued in a criminal or civil court proceeding, or has been sanctioned or fined for, enjoined from, or found guilty of or pled guilty or no contest to a charge for engaging in a Commercial Cannabis Activity in the state without the necessary permits and approvals from the applicable state or local jurisdictions;
(5.) Conviction within the past 10 years of a Responsible Person, including a plea of guilty or no contest, to any the following offenses shall be grounds for revocation of a Commercial Cannabis Permit issued by the City:
(i.) A violent felony, as specified in Section 667.5(c) of the Penal Code. (ii.) A serious felony, as specified in Section 1192.7(c) of the Penal Code.
(iii.) A felony involving fraud, deceit, or embezzlement. (iv.) A felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.
(v.) A felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code.
(vi.) A felony or misdemeanor involving the illegal possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance occurring after January 1, 2016.
(b) If the City Manager determines that a ground for revocation of a Commercial Cannabis Permit exists, the City Manager shall serve written notice of revocation to the Permittee or Responsible Person. The notice may be served on the recipient either personally or by certified ATTACHMENT NO.
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first class mail to the address listed on the application. The notice must state the grounds for revocation, the effective date of the decision, and that the permittee has a right to an evidentiary appeal hearing to challenge the revocation decision.
(c) The permittee may appeal a revocation decision within 15 days of the date of the notice of revocation. To exercise the right to appeal, the permittee must file with the City Clerk written basis for the appeal, including evidence relating to the grounds for revocation, and the applicable appeal fee. The appeal will be heard by the City Council in accordance with Section 33-14. If no timely appeal is filed, the City Manager’s decision will be final 15 days after the date on the notice of revocation. If a timely appeal is filed in accordance with this Chapter, then the effective date of the notice is stayed until a decision is made after the hearing on the appeal.

Sec. 33-12 Renewal Applications.
(a) An application for renewal of a Commercial Cannabis Permit and renewal fee shall be filed with the City Manager’s office prior to, but not more than 120 days before, the expiration date of an active and current permit.
(b) The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this Chapter.
(c) Any permittee submitting a renewal application less than sixty calendar days before permit expiration may be required to pay a late renewal application fee, as established by resolution of the City Council.
(d) To ensure on-going compliance with the initial screening criteria, the renewal application shall be required to contain all the information required for new applications. (e) An application for renewal of a Commercial Cannabis Permit may be denied if any of the following exists:
(1.) Any of the grounds for denial of an application or revocation of a permit. (2.) The Commercial Cannabis Permit is suspended or revoked at the time of the renewal application submittal.
(3.) The permittee fails or is unable to renew its State of California license. (4.) The permittee made a false, misleading, or fraudulent statement or omission of fact in the renewal application.
(f) The City Manager is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager is authorized to impose additional conditions to a renewal permit, if it is determined to promote compliance with state or local laws and regulations or otherwise to preserve the public health, safety or welfare. Prior to renewal of a permit, the City Manager may audit expenses resulting in an adjustment to the annual fee. Appeals ATTACHMENT NO.
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of the decision of the City Manager shall be handled pursuant to the provisions of section 33-14 of this Chapter.
(g) If a renewal application is denied, the permittee may file a new application pursuant to this Chapter no sooner than one year from the date of the rejection and only if and when the City is receiving new applications. If a renewal application is denied, the City Manager may issue qualifying applicants the available permit in the order of highest ranked applicants.

Sec. 33-13 Effect of State License Suspension, Revocation, or Termination. (a) Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a Commercial Cannabis Business to operate within the City, unless and until the State of California, or its respective department or division, reinstates or reissues the State license. (b) Should the State of California, or any of its departments or divisions, revoke or terminate the license of a Commercial Cannabis Business operating in the City, such revocation or termination shall also revoke or terminate the ability of a Commercial Cannabis Business to operate within the City.
(c) Permittee shall notify the City Manager in writing within five days of suspension or revocation of a license issued by the State of California, or by any of its departments or divisions.

Sec. 33-14 Appeals.
(a) Notice of and Time to Appeal and Effect of Timely Appeal. (1.) A permittee of a Commercial Cannabis Business may appeal a decision of the City Manager made pursuant to this Chapter to suspend, revoke, condition, or not renew a permit. Appeals are made by filing with the City Clerk a written Notice of Appeal within fifteen calendar days from the date of service of the notice issued by the City Manager of his or her decision.

Date of service shall mean the date when a notice or written decision was personally delivered to the permittee or the date when the notice was sent by certified, first class mail. Unsuccessful applicants have no right of appeal.
(2.) The Notice of Appeal shall be in writing and signed by the person making the appeal (“appellant”), or his or her legal representative, and shall contain the following:
(i.) Name, address, and telephone number of the appellant. (ii.) Specify the decision, action, or a particular part thereof, made by the City Manager that is the subject of the appeal.
(iii.) Include a true and correct copy of the notice of decision issued by the City Manager which is the subject of the appeal.

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(iv.) State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the City Council, or any appointed hearing officer, to understand the nature of the controversy, the basis of the appeal, and the relief requested. (v.) All documents or other evidence pertinent to the appeal that the appellant requests the considered at the appeal hearing. (vi.) An appeal fee, as established by resolution of the City Council. (3.) Failure to file a timely Notice of Appeal constitutes a waiver of the right to appeal rendering the City Manager’s notice of revocation, nonrenewal, suspension or other action final and binding. If no appeal is timely filed in the event of a decision of nonrenewal, the Commercial Cannabis Permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision of suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written Notice of Appeal.
(4.) In the event a written Notice of Appeal is timely filed, the nonrenewal, suspension, revocation, or other properly appealed action shall not become effective until a final decision has been rendered and issued by the City Council, or appointed hearing officer or body.
(b) Review by City Council; Appeal Hearing and Proceedings. (1.) (1) The City Council or its appointed hearing officer will decide timely appeals. The appellant(s) listed on the written Notice of Appeal shall be notified in writing of the date, time, and location of the hearing at least ten calendar days before the date of the hearing.
(2.) All requests by an appellant to continue a hearing must be submitted to the City Clerk in writing no later than three business days before the date scheduled for the hearing. The City Council or its appointed hearing officer or body may continue a hearing for good cause or on its own motion. (3.) The City Council shall preside over the hearing on appeal, or at the City Council’s discretion, the City Council may appoint a hearing officer to conduct the hearing.
(4.) At the date, time and location set forth in the notice of appeal hearing, the City Council, or its appointed hearing officer or body, shall hear and consider the testimony and any documentary evidence properly submitted for consideration.
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they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded. The City Manager’s decision will be upheld only if a preponderance of the evidence supports the nonrenewal, suspension, or revocation.
(c) Final Decision.
(1.) Following the conclusion of the appeal hearing, the City Council, or its appointed hearing officer or body, shall determine if any ground exists for the nonrenewal, suspension or revocation of a Commercial Cannabis Permit or other action subject to appeal under this Chapter. If the City Council, or its appointed hearing officer or body, determines that no grounds for denial, nonrenewal, suspension, revocation, or other action exist, the City Manager’s notice of decision shall be deemed vacated. If the City Council, or its appointed hearing officer or body, determines that one or more of the reasons or grounds enumerated in notice of decision exists, the City Manager’s decision may be affirmed or modified.
(2.) The decision of the City Council, or its appointed hearing officer or body, is the final administrative decision and subject to judicial review within the time limits set forth in California Code of Civil Procedure Section 1094.6.

Sec. 33-15 Commercial Cannabis Permit – Nonassignable and Nontransferable. (a) A Commercial Cannabis Permit issued under this Chapter is valid only as to the permittee and approved location and is nontransferable to other persons, projects or locations. (b) No Commercial Cannabis Permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person, persons, or entities. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void, except as set forth in this Chapter.

Sec. 33-16 Change in Location of Commercial Cannabis Business.

No permittee shall change the location of the Commercial Cannabis Business specified in the Commercial Cannabis Permit until any such change of location is approved by the City Council.

The proposed location shall meet all the requirements under this Code, including but not limited to this Chapter and the Fontana Zoning Ordinance. The proposed location shall be reviewed and evaluated using the same review criteria and procedure as used and relied on under the initial application process, including a public meeting.

Sec. 33-17 Changes in Ownership of Commercial Cannabis Business. (a) No permittee shall transfer ownership or control of a Commercial Cannabis Business unless and until the proposed new owner submits all required application materials and pays all applicable fees, and the proposed new owner independently meets the requirements of this Chapter such as to be entitled to the issuance of an original Commercial Cannabis Permit.

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(b) A substantial change in the ownership of a permitted business entity (changes that result in a cumulative change of 10% or more of the original ownership or if adding a new Responsible Person), must be approved by the City Manager after completion of the application process under this Chapter, including evaluation under any applicable review criteria used and relied upon during the original review and selection process. (c) A permittee may change the form of business entity without applying for a new Commercial Cannabis Permit provided that either:
(1.) The ownership of the new business entity is the same as the original permit holder business entity; or
(2.) If the original permittee is an unincorporated association, mutual or public benefit corporation, agricultural or consumer cooperative corporation and subsequently transitions to or forms a new business entity as allowed under the MAUCRSA, provided that the Board of Directors (or in the case of an unincorporated association, the individual(s) listed on the City permit application) of the original permittee entity are the same as the new business entity.
(d) Although a new Commercial Cannabis Permit is not required in the two circumstances listed in this subsection (c), the permittee shall notify the City in writing of the change within ten (10) calendar days of the change and obtain an amendment to the original Commercial Cannabis Permit.
(e) No permittees may avail themselves of the provisions of this section if the City Manager, or his or her designee, has notified the permittee that the Commercial Cannabis Permit has been or may be suspended, revoked, or not renewed.
(f) Failure to comply with this section is grounds for revocation of a Commercial Cannabis Permit.
(g) Any attempt to transfer a Commercial Cannabis Permit either directly or indirectly in violation of this section is hereby declared void and such a purported transfer is a ground for revocation of the permit.

Sec. 33-18 Change in Ownership when the Permittee is a Partnership or Corporation. (a) One or more proposed partners in a partnership granted a Commercial Cannabis Permit may make application to the City Manager, together with the fee established by the City Council, to amend the original application, providing all information as required for partners in the first instance and, upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur. If the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the Commercial Cannabis Permit, upon notification to the City Manager, shall be placed in the name of the surviving partners. 211
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27 (b) If the Commercial Cannabis Permit is issued to a corporation, stock may be sold, transferred, issued, or assigned to stockholders who have been named on the application. If 51% or more of any stock is sold, transferred, issued, or assigned to a person not listed on the application as a stockholder, the permit shall be deemed terminated and void; provided, however, the proposed stock purchaser transferee may submit to the City Manager, together with the fee established by the City Council, an application to amend the original application providing all information as required for stockholders in the first instance under this Chapter, and, upon approval thereof, the transfer may then occur.
(c) All changes in ownership as described in this section, with the exception of transfers occurring due to death of a partner or stockholder, must be submitted to the City within thirty calendar days, along with any organizational documents reflecting the changes.

Sec. 33-19 Changes in Name Only.
(a) The permittee shall advise the City Manager within fifteen calendar days of all changes of name or designation under which the business is to be conducted. The change of name or designation shall be accompanied by a non-refundable fee established by resolution of the City Council to defray the costs of reissuance of the Commercial Cannabis Permit. (b) No permittee shall operate, conduct, manage, engage in, or carry on the business of a Commercial Cannabis Business under any name other than the name of the Commercial Cannabis Business specified in the permit.

Sec. 33-20 Alterations to Approved Facility.

All required City approvals, plan approvals, and permits must be obtained before causing, allowing, or permitting alterations to or extensions or expansions of the existing building(s), structure(s), or portions thereof, approved as a location for a Commercial Cannabis Business.

Alterations, extensions, or expansions shall comply with all applicable laws, regulations and standards, including those concerning building and fire safety, as well as occupancy.

Sec. 33-21 Operating Agreement Required.

Prior to issuing the permit and commencing operations, a Permittee of a Commercial Cannabis Business must enter into a fully executed operating agreement with appropriate fiscal mitigation measures, in a form satisfactory to City Manager and City Attorney. City Manager shall be authorized to execute a the operating agreement.

Sec. 33-22 City Business License.

Prior to commencing operations, a Permittee of a Commercial Cannabis Business shall obtain a City business license, in accordance with Fontana City Code Section 50-502, et seq.

Sec. 33-23 Permits and Inspections Prior to Commencing Operations.

Prior to commencing operations, a Commercial Cannabis Business shall be subject to a mandatory inspection of the premises, and must obtain all required building permits and approvals which 212
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The permittee shall also obtain all required Building Safety Department approvals, Fire Department approvals, Health Department approvals and any other permit or approval required by this code or applicable law.

Sec. 33-24 City Discretion and Limitations on City’s Liability. (a) Commercial Cannabis Business applicants and operators shall sign an acknowledgment and waiver, in a form prepared by the City Attorney, in which they accept that the City has complete discretion to award a Commercial Cannabis Business permit and to continue or ban commercial cannabis operations in the future.
(b) To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to having issued a Commercial Cannabis Permit or otherwise approving the operation of any Commercial Cannabis Business. As a condition to the approval of any Commercial Cannabis Permit, the applicant shall be required to meet all of the following conditions before they can receive the Commercial Cannabis Permit:
(1.) They must execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend at the applicant’s sole cost and expense, and hold harmless the City, and its officers, officials, employees, representatives, attorneys, and agents from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to the City’s issuance of the Commercial Cannabis Permit, the City’s decision to approve the operation of the Commercial Cannabis Business or activity; the process used by the City in making its decision to issue, approve or deny a permit; or the alleged violation of any federal, state or local laws by the Commercial Cannabis Business or any of its officers, employees or agents.
(2.) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City’s Risk Manager.
(3.) Reimburse the City for all costs and expenses, including but not limited to attorney fees and costs and court costs, which the City may be required to pay as a result of any legal challenge related to the City’s approval of the applicant’s Commercial Cannabis Permit, or related to the City’s approval of the applicant’s Commercial Cannabis Activity. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.
(c) The terms and provisions as enumerated in this section related to indemnification and limitation on the City’s liability shall be an explicit term of a Commercial Cannabis Permit that an applicant and a permittee shall agree to in order for same to be valid.

Sec. 33-25 Records and Recordkeeping.

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(a) Each owner and operator of a Commercial Cannabis Business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis, or at any time upon reasonable request of the City, each Commercial Cannabis Business shall file a sworn statement detailing the Commercial Cannabis Business’ revenue and number of sales during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross revenues for each month, and all applicable taxes paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business’ operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the City Manager, or his or her designee. (b) Each owner and operator of a Commercial Cannabis Business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the Commercial Cannabis Business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the Commercial Cannabis Business. The register required by this paragraph shall be provided to the City Manager upon request. (c) All records collected by a permittee pursuant to this Chapter shall be maintained for a minimum of seven (7) years and shall be made available by the permittee to the agents or employees of the City upon request, except that private medical records shall be made available only pursuant to a properly executed search warrant, subpoena, or court order. (d) Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPAA) regulations, each Commercial Cannabis Business shall allow City officials to have access to the business’s books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than twenty-four (24) hours after receipt of the City’s request, unless otherwise stipulated by the City. The City may require the materials to be submitted in an electronic format that is compatible with the City’s software and hardware.

Sec. 33-26 Restriction on Alcohol and Tobacco Sales, Dispensing or Consumption.

No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco products on or about the premises of a Commercial Cannabis Business.

Sec. 33-27 Fees and Charges.
(a) All related fees and charges associated with the operation of a Commercial Cannabis Business as referenced or determined by this Chapter shall be established by Resolution of the City Council, which may be amended from time to time. (b) No person may commence or continue any Commercial Cannabis Activity in the City, without timely paying in full all fees and charges required for the operation of a Commercial Cannabis Business, including any charges in-lieu of tax or tax imposed pursuant to this Chapter, voter approval, or by operating agreement.
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30 (c) All Commercial Cannabis Businesses authorized to operate under this Chapter shall pay all sales tax, use tax, business tax and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each Commercial Cannabis Business shall cooperate with the City with respect to any reasonable request to audit the Commercial Cannabis Business’ books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of fees, costs or taxes required to be paid during any period.

Sec. 33-28 Commercial Cannabis Businesses Permissible Zoning Districts.

Commercial Cannabis Businesses may be permitted to engage in retail in the following zoning districts:
(a) C-1 (Community Commercial),
(b) C-2 (General Commercial), and
(c) The following Specific Plan areas:
(1.) Arboretum (Activity Center);
(2.) Citrus Heights North (Neighborhood Commercial);
(3.) Empire Center (Promotional Center);
(4.) Hunter’s Ridge (Neighborhood Commercial);
(5.) Northgate (Neighborhood Commercial);
(6.) Promenade (Commercial);
(7.) Rancho Fontana (Commercial);
(8.) Sierra Lakes (Commercial Retail, Village Center, Town Center); (9.) Southridge Village (Neighborhood Commercial);
(10.) Summit Heights (Regional Mixed Use);
(11.) Ventana at Duncan Canyon (Commercial);
(12.) Walnut Village (The Corner);
(13.) West End (Commercial VC and CC); and
(14.) Westgate (Commercial Retail).

Sec. 33-29 Operating Requirements Applicable to all Commercial Cannabis Businesses.

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(a) No Commercial Cannabis Business may be located within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, a day care center, a park, a Youth and Recreation Center, which is in lawful existence at the time a successful application for a Commercial Cannabis Permit was submitted to the City, or the City boundaries. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the school or other protected use to the closest property line of the lot on which the Commercial Cannabis Business is located, without regard to intervening structures. (b) Commercial Cannabis Businesses may operate only during the hours established by resolution of the City Council and as specified in the Commercial Cannabis Permit issued by the City.
(c) Cannabis shall not be consumed by anyone on the premises of any Commercial Cannabis Business, unless explicitly authorized by a City ordinance, resolutions, rules, regulations or pursuant to explicit terms of a Commercial Cannabis Permit. (d) No cannabis or cannabis products shall be visible from the exterior of any property issued a Commercial Cannabis Permit or on any of the vehicles owned or used as part of the Commercial Cannabis Business. No outdoor storage of cannabis or cannabis products is permitted at any time.
(e) Each Commercial Cannabis Business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the Commercial Cannabis Business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The Commercial Cannabis Business shall ensure that such information is compatible with the City’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the City Manager prior to being used by the permittee. (f) All cannabis and cannabis products sold, tested, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State of California and local regulations. (g) No physician shall be permitted in any Commercial Cannabis Business at any time for the purpose of evaluating patients for the issuance of a medicinal cannabis recommendation or medicinal cannabis identification card where applicable. (h) All commercial cannabis retailers shall have a manager on the premises at all times during hours of operation.
(i) Each Commercial Cannabis Business shall provide the City Manager with the name, telephone number (both landline and mobile) of an on-site manager or owner to whom emergency notice may be provided at any hour of the day. (j) Signage and Notices:

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(1.) In addition to the requirements otherwise set forth in this section, business identification signage for a Commercial Cannabis Business shall conform to the requirements of state law and the City Code, including, but not limited to, the requirements for a City sign permit and applicable zoning laws regulating signs.
(2.) Each Commercial Cannabis Business premises shall be visibly posted with clear and legible notices indoors indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the Commercial Cannabis Business is prohibited.
(k) Persons under the age of 21 years shall not be allowed on the premises of a Commercial Cannabis Business. It shall be unlawful and a violation of this Chapter for any person to employ any person at a Commercial Cannabis Business who is not at least 21 years of age. (l) Odor control devices and techniques shall be incorporated in all Commercial Cannabis Businesses to ensure that odors from cannabis are not detectable off-site. Commercial Cannabis Businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the Commercial Cannabis Business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the Commercial Cannabis Business. As such, Commercial Cannabis Businesses must install and maintain the following equipment, or any other equipment which the City Engineer or Public Works Director or Building Official determines is a more effective method or technology:
(1.) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
(2.) An air system that creates negative air pressure between the Commercial Cannabis Business’s interior and exterior, so that the odors generated inside the Commercial Cannabis Business are not detectable on the outside of the Commercial Cannabis Business.
(m) The original Commercial Cannabis Permit issued by the City pursuant to this Chapter, the City issued business license, and the state-issued Seller’s Permit shall be posted inside the Commercial Cannabis Business in a location readily-visible to any City, County or State employee, official, or agent authorized to enforce the City’s Code, or applicable cannabis-related laws.
(n) The permittee of a Commercial Cannabis Business shall prohibit loitering by persons outside on the premises, and is required to enforce this prohibition within its premises and adjacent public areas, including cooperating with the City’s law enforcement agency dispatched to enforce same. The placement and use of no loitering signs shall be included as part of any submittal and depicted on a business or operational plan. 217
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33 (o) Prior to the operation of a Commercial Cannabis Business, the person intending to establish a Commercial Cannabis Business must first obtain all applicable planning, zoning, building, and other applicable permits and approvals from the relevant City or County department or division which may be applicable to the zoning district in which such Commercial Cannabis Business intends to establish and to operate.
(p) Permittees shall adhere to all applicable operating procedures, including those submitted as part of the initial application process, and pursuant to those established in applicable State of California laws, regulations, and policies.
(q) Permittees must comply with all applicable local, state and federal laws and regulations pertaining to persons with disabilities.
(r) No Commercial Cannabis Business may discriminate or exclude patrons in violation of local, state and federal laws and regulations. (s) Each Commercial Cannabis Business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the Commercial Cannabis Business can be provided. Each Commercial Cannabis Business shall also provide this information to all businesses and residences located within 600 feet of the Commercial Cannabis Business.
(t) The owner, manager, and community relations representative from each Commercial Cannabis Business holding a Commercial Cannabis Permit shall, if requested by the City Manager, attend a quarterly meeting with the interested parties to discuss costs, benefits, and other community issues arising as a result of implementation of this Chapter.

Sec. 33-30 Additional Operating Regulations for Storefront Retail. (a) No commercial cannabis retailer offering storefront purchase shall be located within 600 feet from another commercial cannabis storefront retailer. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of one commercial cannabis storefront retailer to the closest property line of the lot on which another Commercial Cannabis Business is located without regard to intervening structures. (b) Prior to dispensing medicinal cannabis or medicinal cannabis products to any person, the commercial medicinal cannabis business shall obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient, and shall maintain a copy of the physician recommendation or Identification Card as described in Health and Safety Code Sections 11362.71 through 11362.77, as may be amended from time to time, on site for period of not less than seven years. (c) Storefront retailers also providing delivery shall comply with the requirements pertaining to deliveries in Section 33-30 of this Chapter. (d) Commercial cannabis retailers selling medicinal cannabis shall verify the age and all necessary documentation of each customer to ensure the customer is not under the age of 18 years and that the potential customer has a valid doctor’s recommendation. Adult use retailers shall ATTACHMENT NO.
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verify the age of all customers to ensure persons under the age of 21 are not permitted on the premises. Entrances into the retailer shall be locked at all times with entry strictly controlled. A “buzz-in” electronic/mechanical entry system shall be utilized to limit access to and entry to the retailer to separate it from the reception or lobby area. (e) Retailers may have only that quantity of cannabis and cannabis products reasonably anticipated to meet the demand readily available for sale on-site in the retail sales area of the retailer.
(f) All restroom facilities shall remain locked and under the control of management. (g) A cannabis storefront retailer shall notify qualified patients, primary caregivers, and customers (verbally or by written agreement) and by posting of a notice or notices conspicuously in at least 15 point type within the permitted premises that state as follows:
(1.) “The sale or diversion of cannabis or cannabis products without a permit issued by the City of Fontana is a violation of state law and the Fontana City Code.”
(2.) “Secondary sale, barter, or distribution of cannabis or cannabis products purchased from a Permittee is a crime and can lead to arrest.” (3.) “Patrons must not loiter in or near these premises and may not consume cannabis or cannabis products in the vicinity of this business or in any place not lawfully permitted. These premises and vicinity are monitored to ensure compliance.”
(4.) “Warning: the use of cannabis or cannabis products may impair a person’s ability to drive a motor vehicle or operate heavy machinery.” (5.) “CALIFORNIA PROP. 65 WARNING: Smoking of cannabis and cannabis-derived products will expose you and those in your immediate vicinity to cannabis smoke. Cannabis smoke is known by the State of California to cause cancer.”
(6.) Waste Management. When managing cannabis goods, chemicals, hazardous or dangerous waste, Retailers are obligated to obtain all required permits, licenses, or other clearances and comply with all orders, laws, regulations, or other requirements of other regulatory agencies, including, but not limited to, local health agencies, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities. The sale of cannabis waste is prohibited. Retailers shall maintain accurate and comprehensive records at the premises regarding cannabis waste that accounts for, reconciles, and provides evidence of, all activity related to the generation and disposal or deposition of cannabis waste.

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Sec. 33-31 Additional Operating Requirements for Cannabis Delivery. (a) Permittee shall maintain a database and provide a list of the individuals and vehicles authorized to conduct transportation on behalf of the cannabis store-front retail business pursuant to Commercial Cannabis Permit issued by the City.
(b) Individuals authorized to conduct transportation on behalf of the cannabis storefront retail business shall be at least 21 years old and have a valid California Driver’s License . (c) Individuals transporting cannabis or cannabis products on behalf of the cannabis distribution business pursuant to a Commercial Cannabis permit shall maintain a physical copy of the transportation request and invoice and shall make them available upon request of agents or employees of the City requesting documentation.
(d) During transportation, the individual conducting transportation on behalf of the cannabis retail business shall maintain a copy of the Commercial Cannabis Permit and shall make it available upon the request of agents or employees of the City requesting documentation. (e) Cannabis or cannabis products shall be transported only in a vehicle that is (i) insured at or above the legal requirement in California, (ii) capable of securing (locking) the cannabis or cannabis products during transportation, and (iii) capable of being temperature controlled if perishable cannabis products are being transported.

Sec. 33-32 Promulgation of Regulations, Standards and Other Legal Duties. (a) The City Manager may promulgate additional or supplemental operating requirements applicable to all Commercial Cannabis Businesses to promote the public’s safety, welfare or health.
(b) The City Manager may establish additional rules, regulations, policies and standards consistent with this Chapter governing the application review and approval process; the issuance, denial or renewal of Commercial Cannabis Permits; the ongoing operation of Commercial Cannabis Businesses and the City's oversight of them; and concerning any other subject determined to carry out the intent and purposes of this Chapter, including without limitation, establishing time periods to solicit applications pursuant to this Chapter, and corresponding deadlines for timely submittals of applications to the City. (c) Additional rules, regulations, policies and standards shall be published on the City’s website and maintained and available to the public in the Office of the City Clerk. (d) Rules, regulations, policies, and standards promulgated by the City Manager shall become effective upon date of publication. Commercial Cannabis Businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.

Sec. 33-33 Fees Deemed Debt to City.

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The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed a debt to the City that is recoverable in any manner authorized by this Code, state law, or in any court of competent jurisdiction.

Sec. 33-34 Responsibility for Violations.

Permittees, their Responsible Persons and managers shall be responsible for violations of the laws of the State of California or of the City Municipal Code, whether committed by the permittee, or any employee or agent of the permittee, which violations occur on the premises of the Commercial Cannabis Business whether or not the violations occur within the permittee’s presence. Any act or omission of any employee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the permittee for purposes of determining whether the permit shall be revoked, suspended, or not renewed.

Sec. 33-35 Inspections.
(a) The City Manager, Police Chief, Fire Marshal, Code Compliance Representative and their designees charged with enforcing the provisions of the City Code may enter the location of a Commercial Cannabis Business at any time during regular business hours, without notice, and inspect the location of any Commercial Cannabis Business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of state law. (b) It is unlawful for any person having responsibility over the operation of a Commercial Cannabis Business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a Commercial Cannabis Business under this Chapter or under state or local law.

It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a Commercial Cannabis Business under this Chapter or under state or local law.

Sec. 33-36 Violations and Penalties.
(a) (a) Any person who violates any provision of this Chapter is guilty of a misdemeanor and subject to the penalties in Section 1-7 of this Code. (b) It is unlawful for any Permittee of a Commercial Cannabis Business, or its Responsible Person, manager or any other person employed by or working in concert with them or on their behalf, whether directly or indirectly, to continue to operate, conduct, or maintain a Commercial Cannabis Business after the City-issued Commercial Cannabis Permit has been suspended or revoked, or not renewed, pursuant to a non-contested notice of decision issued by the City Manager, or after the issuance of a final order after an appeal hearing. (c) Any Commercial Cannabis Business operated, conducted, or maintained contrary to the provisions of this Chapter is unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal action, commence an administrative or civil action(s). The City may conduct proceeding(s), for the abatement, removal and enjoinment thereof, in the manner provided by law, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief to abate, cause cessation, or remove such Commercial Cannabis 221
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37 Business and restrain and enjoin any person from operating, conducting or maintaining a Commercial Cannabis Business contrary to the provisions of this Chapter. (d) Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this Chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.
(e) Whenever in this Chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (f) The penalties set forth herein are cumulative and in addition to all other remedies, violations, and penalties set forth in this Chapter, the City’s Code, or in any other ordinance, laws, rules or regulations of the City, County, or the State of California.

Sec. 33-37 Effect on Other Ordinances.

Except as designated in this Chapter, the provisions of this Chapter shall control for regulation of Commercial Cannabis Businesses as defined herein if other provisions of the Code conflict therewith. This Chapter shall not, however, relieve any person of his or her duty to comply with such laws if additional obligations, duties, or prohibitions are imposed thereby.

Sec. 33-38 Whistleblower Protection.

It shall be unlawful for a permitee of a Commercial Cannabis Business, or its Responsible Person, manager or any other person employed by the permitee, to discriminate in any manner or take adverse action against any Employee in retaliation for exercising rights protected under this section. These rights include, but are not limited to: the right to file a complaint or inform any person about any party’s alleged noncompliance with this chapter; and the right to inform any person of his or her potential rights under this section and to assist him or her in asserting such rights. Protections under this section shall apply to any Employee who mistakenly, but in good faith, alleges noncompliance with this chapter. Taking adverse action against an Employee within 90 days of the Employee’s exercise of rights protected under this section shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights.

Sec. 33-39 Revolving Door Prohibition.
(a) A local elected official, appointed official or any former employee of the City shall not for a period of one year after leaving that office, position or employment, act as an agent or attorney for, consultant or otherwise represent, for compensation, any other person, by making any oral or written communication to the City Council, or any committee, subcommittee, Board, Commission or present member thereof, or any officer or employee of the City, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving issuance, amendment, awarding, or revocation of a permit, license, grant or contract, or the sale or purchase of goods or property, as described in this Chapter.
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38 (b) Subdivision (a) does not apply to an individual who is, at the time of the appearance or communication, an elected official, a board member, officer, or employee of another local government agency or an employee or representative of a public agency and is appearing or communicating on behalf of that agency.

Sec. 33-40 Process Integrity Provision.

All permit applicants listed on the application or any persons lobbying on their behalf shall comply with the Process Integrity Standards adopted by separate Resolution of the City Council. Failure to abide by the Process Integrity Standards may result in disqualification from an existing cannabis permit review process or revocation if it is later determined that the applicant or any person associated with the application or any third party lobbying on their behalf has violated the standards.

Sec. 33-41 Cannabis, personal use.
(a) Outdoor cultivation. A person may not plant, cultivate, harvest, dry, or process cannabis plants outdoors in any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
(b) Indoor cultivation.
(1) A person may not plant, cultivate, harvest, dry, or process cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, or inside any other enclosed structure within any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity. (2) To the extent a complete prohibition on indoor cultivation is not permitted under California law, a person may not plant, cultivate, harvest, dry, or process cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, unless the person is issued an indoor cultivation permit by the Director of Planning. A person may not plant, cultivate, harvest, dry, or process cannabis plants inside any enclosed structure within any zoning district of the City which is not either a private residence or an accessory structure to a private residence located upon the grounds of a private residence.

Sec. 33-42 Residential Indoor Cannabis Cultivation.

Purpose. The purpose of this section is to prescribe the requirements and process for the residential indoor cannabis cultivation (RICC) permit. The RICC permit is intended to serve as an instrument of the City's reasonable regulation of residential indoor cannabis cultivation as provided by California Health and Safety Code § 11362.2(b)(1).
(a) Applicability.

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(1.) A person may directly or indirectly engage in residential indoor cannabis cultivation only after obtaining and maintaining a valid RICC permit from the City of Fontana.
(2.) A RICC permit authorizes:
(i.) Only one person,
(ii.) To directly or indirectly engage in residential indoor cannabis cultivation for personal use,
(iii.) At only one residence.
(3.) A RICC permit does not authorize:
(i.) Construction or improvements of any structure,
(ii.) A property-at-large for cannabis cultivation,
(iii.) The permit holder or any others to engage in any activity licensed by the State of California under the Business and Professions Code Division 10 “Uniform Controlled Substances Act”, or
(iv.) The following people to directly or indirectly engage in residential indoor cannabis cultivation: the permit holder's family members, cohabitants, guests, future residents, or any other person other than the permit holder.
(4.) A person may not hold more than one RICC permit at a time. Multiple permit holders may be authorized to engage in residential indoor cannabis cultivation at the same residence, but a residence must include no more than one cultivation area, and no residence may cultivate more than six plants in total, regardless of how many permit holders are present. (b) Review and appellate authority.
(1.) Applications for a RICC permit will be processed and reviewed by the Director of Planning or his or her designee. The Director of Planning may approve or deny an application based on the findings provided in Section 33-42(d), below.
(2.) A decision by the Director of Planning may be appealed to the City Manager or his or her designee by the following parties within 15 days after receipt of the Director of Planning’s final decision:
(i.) The applicant, or
(ii.) Owner(s) or resident(s) of the property.
224
ATTACHMENT NO. 7
40 (c) Application and notice.
(1.) Applications for RICC permit 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 ensure a full presentation of the facts.

No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.
(i.) Application fees shall be assessed as provided by resolution of the City Council.
(ii.) The City will provide written notification of the complete application to the applicant within thirty (30) calendar days of complete submission, indicating whether the application has been approved or denied.
(d) Findings for approval for an RICC permit. The Director of Planning or his or her designee may approve an application for an RICC permit if the following findings are made:
(1.) The applicant shall be 21 years of age or older.
(2.) The residence shall be the primary dwelling of the applicant; moreover, shall not be used for any of the following activities:
(i.) Day care.
(ii.) Youth center.
(iii.) Group homes.
(iv.) Any facility that does not allow cultivation of cannabis by law or policy.
(e) Cultivation area.
(1.) The cultivation area must be located within the residence or within an accessory structure.
(2.) The cultivation area must not be used or prepared in a manner to cultivate more than six cannabis plants.
(3.) The cultivation area must not be visible from anywhere outside the residence. Any windows, skylight, ventilation, or other opening must be sufficiently covered or opaque as to obscure visibility of the cultivation area from any adjacent property.

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(4.) The cultivation area must not produce odors, sounds, or other emissions that are sensible from adjacent properties and may indicate cannabis cultivation. (f) Expiration and renewal.
(1.) A RICC permit expires, if not renewed, one year from the date of approval. (2.) A RICC permit may be renewed, if prior to the expiration, the permit holder:
(i.) Completes forms and submittal materials for renewal as required by the Director of Planning,
(ii.) The permit holder passes an inspection approved by the Director of Planning, and
(iii.) Pays a renewal fee as approved by resolution by City Council. (g) Suspension and termination.
(1.) The City may suspend or terminate a RICC permit at any time for failure to comply with applicable governing regulations.
(2.) If a RICC permit is suspended, the suspension will be effective and the permit holder's cannabis crop may be impounded until the permit holder:
(i.) Demonstrates compliance with the applicable governing regulations, and
(ii.) Pays a fine and renewal fee as approved by resolution by City Council.
(3.) If a RICC permit is terminated, the permit holder's cannabis crop may be impounded. The permit holder may not apply for another RICC permit until the permit holder pays a fine as approved by resolution by City Council. (4.) A suspension or termination of a RICC permit may be appealed to the City Manager or designee by the permit holder.
(h) Subsequent applications.
(1.) Application for a different residence.
(i.) If a permit holder applies for a RICC permit for a residence other than specified on the existing permit, the existing RICC permit will be suspended upon application for the new permit.
(ii.) If the application is approved, the existing RICC permit is rescinded. (iii.) If the application is denied, the existing RICC permit is reinstated.

ATTACHMENT NO.
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(iv.) If the applicant appeals a denial of the application, the existing RICC permit remains suspended until a final decision is reached. (2.) Application for a different cultivation area in the same residence. If a permit holder applies for a RICC permit for the residence on the existing permit, but for cultivation area other than specified on the existing permit, the existing permit will terminate upon approval of the application. Only one cultivation area may exist in a residence at one time, and if another application is approved, the existing RICC permit will terminate. (3.) Application for same cultivation area in same residence. If another individual applies for a RICC permit for the same cultivation area, no permit will be issued if the existing permit has been terminated or suspended. An additional RICC permit for the same cultivation area shall only be issued if all permits related to that cultivation area remain in good standing with the City.
(i.) No sale or transfer. A RICC permit may not be sold or transferred.

SECTION 3: Chapter 16 “Miscellaneous Provisions and Offenses” of the Fontana Municipal Code is hereby amended to replace all references to “marijuana” with “cannabis.” SECTION 4: Section 30-233 “Purpose” of Chapter 30 of the Fontana Municipal Code, is hereby amended in its entirety as follows:
“A Director's determination is intended to specify that a use that is not listed within an established list of uses, may be allowed to operate within a particular zoning district. The Director of Community Development Director of Planning shall have the authority to determine other uses, in addition to those specifically listed in this article, which may be permitted or conditionally permitted in each of the various zones when, in his or her judgment supported by specific findings, such other uses are similar to and no more objectionable to the public welfare than those listed, provided that a medical marijuana dispensary shall not be permitted pursuant to this section.” SECTION 5: Section 30-263(4) “Prohibited home occupation uses” of Chapter 30 of the Fontana Municipal Code, is hereby amended as “(4) Cannabis dispensaries and sales.” SECTION 6: Section 30-360(d)(14) “Special use regulations” of Chapter 30 of the Fontana Municipal Code, is hereby amended in its entirety as follows “A Commercial Cannabis Business shall not be permitted pursuant to this section.” SECTION 7: Section 30-453 “Uses permitted within mixed use development projects” of Chapter 30 of the Fontana Municipal Code, is hereby amended to replace “Medical marijuana dispensaries” in Table No. 30-453 as follows:

Table No. 30-453
Uses Permitted Within Mixed Use Development Projects
C. Business and Professional Offices R-4 R-5
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ATTACHMENT NO. 7
43 Medical marijuana dispensaries Commercial Cannabis Businesses — — SECTION 8: Section 30-489 “Uses permitted ” of Chapter 30 of the Fontana Municipal Code, is hereby amended in its entirety as provided in Exhibit “A.” SECTION 9: Section 30-491“Special Use Regulations” of Chapter 30 of the Fontana Municipal Code, is hereby amended to add subsection 21, as follows:
(21) Commercial Cannabis Businesses. Commercial Cannabis Businesses shall comply with the provisions of Chapter 33 “Cannabis Businesses And Activities” of the Fontana Municipal Code.

SECTION 10: Section 30-611(8)(k) “Special Use Regulations” of Chapter 30 of the Fontana Municipal Code, is hereby amended as “(k) A medical cannabis dispensary shall not be permitted pursuant to this section.”
SECTION 11: CEQA. The City Council, on the basis of the whole record and exercising independent judgment, finds that this Ordinance is not subject to further environmental review pursuant to CEQA Guidelines Section 15303 of the State Guidelines for Implementations of the California Environmental Quality Act (CEQA). Section 15303 pertains to “construction and location of limited numbers of new, small facilities” including up to three (3) “stores” in “urbanized areas.“ Here, Section 15303 applies as the Ordinance could, at most, only reasonably foreseeably result in the construction and location of only three (3) new retail facilities in an urban area.

SECTION 12: Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions may be declared invalid or unconstitutional.

SECTION 13: Nothing in this Ordinance shall be construed to allow persons to engage in conduct that violates state law, endangers others, causes a public nuisance, allows the use or diversion of cannabis in an unlawful manner or inconsistent with state law SECTION 14: The City Clerk shall attest to the passage and adoption of this ordinance, causing it to be posted as required by law, and it shall become effective thirty (30) days after its adoption.

ATTACHMENT NO.
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PASSED, APPROVED AND ADOPTED this ____ day of __________, 2022. ________________________________
Acquanetta Warren, Mayor
City of Fontana
________________________________
Germaine McClellan Key
City Clerk
Read and Approved as to form:

Best, Best & Krieger, LLP.
__________________________________
Ruben Duran, City Attorney
ATTACHMENT NO.
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Exhibit “A”
Sec. 30-489. - Uses permitted.
(a) Uses by zoning district. Table No. 30-4589, lists the uses permitted in each of the commercial and mixed-use zoning districts. A "P" indicates a use is permitted by right subject to design review by the Planning Commission, or administrative site plan review by the Director of Community Development, or regulatory permit issued by the City, an "M" indicates the use requires the granting of a minor use permit approved by the Director of Community Development, a "C" indicates the use requires the granting of a conditional use permit approved by the Planning Commission, and "—" means the use is not permitted in that zoning district. (b) Uses subject to specific requirements. Permitted uses marked with an asterisk "*" indicate that the use is subject to special use regulations in Section 30-491 and Chapter 15 of the Municipal Code. Conditional uses are subject to the provisions in Section 30-492.

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
Commercial Cannabis Business (with City Permit) 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
ATTACHMENT NO.
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7 46
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
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 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
Wholesale Auto Sales (requires one stall) C C —
Warehousing Sales, Retail C P* P*
ATTACHMENT NO.
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Warehousing Sales, Wholesale — C P*
Business and Professional Offices C-1 C-2 RMU
Administrative and Professional Offices Involving no Retail Trade P P P Art Gallery P P P
Financial Institution P P P
Clinic, Medical or Dental, Acupuncture P P P
Convention Centers — — P
Government Offices P P P
Medical Laboratory — P P
Optician P P P
Pharmacy P P P
Radio/Television Studio (with transmitter) — C C
Studio (without transmitter) P P P
Studios for Professional Work or Teaching of Any Form Of Fine Art P P P Service Establishments C-1 C-2 RMU
Ambulance Service P P P
Animal Hospital M P C
Animal Hospital (w/ Boarding) M —
Assembly/Meeting Hall For, Private Clubs, Religious Services, or Similar Uses
C C C
Automobile Fueling Station C C C
Automobile and Truck Rental, Two-Ton, Single Unit Maximum — C C Automobile/Vehicle Body and Fender Repair Shop — C C
Automobile/Vehicle Repair C C C
Automotive Custom Repair (includes lowering and lifting) C C C Automotive Stereo, Alarm and Upholstery Installation C M M Automobile Wash, — M M
Barber Shop or Beauty Parlor P P P
Chemical substance abuse facility C C C
Cleaners P* P* P*
Clothing and Costume Rental Establishment P P P
Community Care Facility C C C
Community Center C C C
Construction Trailer (Temporary Use Permit) P* P* P*
Convalescent Hospital M M C
Copying, Packing and Mailing Services P P P
Day Care—Commercial M M M
Day Care—Commercial (24 hour) — C C
Depot—Bus — P* P*
Depot—Railway, Park-and-Ride — P P
Dressmaker or Millinery Shop P P P
Equipment Rental — P* P*
Fortune-Telling P P P
ATTACHMENT NO.
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7 48
Hospitals — M M
Hotels — C C
Laundromat, Self Service P P P
Locksmith P P P
Machine Shop — C C
Masseur or Masseuse, Day Spa, Acupressure — C C
Self-Storage Facility — C C
Mortuaries — C C
Library P P P
Museums P P P
Motel — C C
Music and Vocal Instruction P P P
Nightclub — C C
Nursing Home M M C
Parks P P P
Photographer P P P
Pick-Up Truck Rated Over One Ton (carrying weight), Commercial Truck or Van, or Trailer Rental
— C C
Picture Framing Store P P P
Post office M M M
Printer, Blueprint Shop — P P
Private Schools C C C
Public Utility Structures and Facilities M M M
Publishing Establishments — P P
Repair Shop for Household Appliances P P P
Schools Such as Business Colleges, Music Conservatories, Dancing Schools, and Other Schools That Offer Training In Non-Industrial Professions
P P P
Stenographic Services P P P
Swimming Pool, Commercial P P P
Sign Shop in Enclosed Structure — P P
Tailor P P P
Telephone Answering Service or Exchange P P P
Ticket Agency, Travel Bureau P P P
Tire Shop — C C
Truck Repair Service — — —
Truck Storage Yard — — —
Upholstery Shop — P P
Wedding Chapel P P P
Amusement Establishments C-1 C-2 RMU
Amusement Enterprise for Children Including Pony Rides (No Stables), Merry-Go-Round, and The Like When Incidental To A Permitted Use P P P
Amusement Park — C C
ATTACHMENT NO.
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Arcades—Pinball, Video, and the Like — C C
Archery Range — C C
Baseball; Batting Range — C C
Bowling Alley C C C
Boxing Arena — C C
Dance Hall — C C
Entertainment Centers C C C
Golf, Driving Range, Miniature, Pitch and Putt — C C
Gymnasiums, Health Spas, or Physical Culture Establishments Under 4,000 Square Feet in Floor Area
P P P
Gymnasiums, Health Spas, or Physical Culture Establishments Over 4,000 Square Feet in Floor Area
C C C
Pool Hall, Billiard Center C C C
Skating Rink, Roller or Ice C C C
Smoking Lounge, Hookah Lounge, Vapor Lounge, E-Lounge (allowed only as a secondary use to a full-service restaurant)
C C C
Theater, Indoor C C C
Indoor Playground/Recreation P P P
Residential Uses C-1 C-2 RMU
Senior Housing M M M
Multiple-Family Dwellings with an Area Plan C
Other Uses C-1 C-2 RMU
Animal Kennel — C C
Animals, Small—Keeping and Raising P* P* P*
Antenna, Transmitting C C C
Cemetery and Related Uses — M C
Construction Trailer P* P* P*
Home Occupation P* P* P*
Homeless Shelters — — —
Emergency Shelter Subject to the activation of an Emergency Operation Center
P P P
Metal Storage Containers (temporary storage only with a temporary use permit)
P* P* P*
Museum and Art Galleries — M M
Parking Lots (not related to use on same property) — P P Parking Structures — P P
Research and Development — P P
ATTACHMENT NO.
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7 City of Fontana, City of Rancho Cucamonga, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA, Esri, NASA, NGA, USGS, FEMA Limited Streets
Areas
City Limits
City Sections

CENTRAL
NORTH
SOUTH
0 0.75 mi 1.5
6/13/2022
Scale 1 : 90,000
/
City of Fontana
Cannabis Areas Map
ATTACHMENT NO. 3 ATTACHMENT NO.
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7 ATTACHMENT NO. 4

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FONTANA, ESTABLISHING PROCESS INTEGRITY STANDARDS

APPLICABLE TO COMMERCIAL CANNABIS PERMIT

APPLICANTS AND THEIR REPRESENTATIVES LOBBYING OR

WORKING ON THEIR BEHALF IN ACCORDANCE WITH
SECTION 30-42 OF THE COMMERCIAL CANNABIS

BUSINESSES CHAPTER OF THE FONTANA CITY CODE
WHEREAS, on September 13, 2016, the City Council adopted Ordinance No. 1747 prohibiting all marijuana uses in the City to the extent allowed under California law, and included a provision requiring a Residential Indoor Marijuana Cultivation (“RMIC”) permit for any individual who desires to grow up to six (6) marijuana plants in their private residence; WHEREAS, on November 8, 2016, California voters approved Proposition 64, titled the “Adult Use of Marijuana Act” (the “AUMA”) and enacted a state statutory scheme legalizing, controlling, and regulating the cultivation, processing, manufacturing, distribution, testing, and sale of nonmedical (“adult-use“ or “recreational”) cannabis, including cannabis products, for use by adults twenty-one (21) years of age and older;
WHEREAS, on June 27, 2017, Governor Brown signed Senate Bill 94, the “Medicinal and Adult-Use Cannabis Regulation and Safety Act” (“SB 94” or the “MAUCRSA”). SB 94 creates one state regulatory structure for medical and adult-use cannabis use and commercial cannabis activities, reconciling AUMA, with Proposition 215 and MCRSA. SB 94 continues to provide that a state license will not be approved for a business to engage in Commercial Cannabis Activity if the business activity violates any local ordinance or regulation; WHEREAS, the three State licensing authorities charged with licensing and regulating commercial cannabis activities in California, the Bureau of Cannabis Control (“BCC”), the California Department of Food and Agriculture (“CDFA”), and the California Department of Public Health (“CDPH”), commenced releasing emergency regulations, outlining the standards and licensing procedures for both medicinal and adult-use commercial cannabis, and began issuing licenses for such activities on January 1, 2018;
WHEREAS, on January 24, 2017, the City Council adopted Ordinance No. 1758 amending the Zoning and Development Code by adding a new Section 30-7(c) entitled “Residential Indoor Marijuana Cultivation” to regulate indoor cultivation of marijuana and adoption of Resolution No. 2017-05 establishing fees for a RIMC permit; ATTACHMENT NO.
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7 ATTACHMENT NO. 4

WHEREAS, a Petition for Writ of Mandate was filed against the City to prohibit the enforcement of Ordinance No. 1758 (“Petition”), and on November 2, 2018, a court issued a ruling granting the Petition;
WHEREAS, on March 12, 2019, the City Council adopted Ordinance No. 1794 amending Section 30-7(B)(c) and 30-7(B)(f) to address the court’s ruling, and bring the City Municipal Code into conformance with the court’s ruling and amending the RIMC fee amount; WHEREAS, having banned commercial cannabis citywide so as to monitor continuous developments with state law and how neighboring cities would regulate cannabis, the City Council has developed an approach to regulating cannabis businesses within the City which will increase the likelihood of high quality and successful businesses and minimize potential adverse secondary impacts;
WHEREAS, the City Council finds and declares that this Ordinance constitutes a valid exercise of police power in accordance with Article XI, Section 7 of the California Constitution, is consistent with the language and intent of the AUMA, MAUCRSA, and related laws regulations, and policies issued by the state, consistent with the General Plan, and furthers the health, safety, and general welfare of the residents of the City of Fontana; WHEREAS, on _____________, 2022, the City Council adopted Ordinance No. XXXX adding Chapter 33 to the Fontana Municipal Code (“FMC”) to regulate commercial cannabis businesses within the City; and
WHEREAS, the new commercial cannabis provisions require the City Council to establish Process Integrity Standards applicable to commercial cannabis permit applicants and persons working on behalf of such applicants;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana as follows:

SECTION 1. The Fontana City Council hereby adopts the Process Integrity Standards set forth in Exhibit A to this Resolution and incorporated herein.

SECTION 2. The City Clerk shall attest and certify to the passage and adoption of this Resolution and it shall become effective immediately upon its approval.

ADOPTED by the City Council of the City of Fontana, California, at a regular meeting of the City Council held on the [ ] day of [month], 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTACHMENT NO.
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7 ATTACHMENT NO. 4

City of Fontana
________________________________
Acquanetta Warren, Mayor
ATTEST:
________________________________
Germaine McClellan Key, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
________________________________
Ruben Duran, City Attorney
ATTACHMENT NO.
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7 ATTACHMENT NO. 4

EXHIBIT “A”

PROCESS INTEGRITY STANDARDS FOR COMMERCIAL CANNABIS PERMIT APPLICANTS Definitions
“Applicant” shall include any individual or entity applying for a Commercial Cannabis Permit, and including any officer, director, partner, consultant, public relations, governmental affairs or other duly authorized “representative” applying on behalf of an individual or entity or making representations on behalf of an individual or entity.
“Commercial Cannabis Permit” means the regulatory permit issued by the City to a commercial cannabis business, which is required before any Commercial Cannabis Activity may be conducted in the City.

All other definitions shall be those set forth in Section 33-5 of the Fontana City Code.

Standards

1. No Ex-Parte Contacts: An applicant and its representatives shall not attempt to contact or initiate contact, in person, by phone or by electronic means, with the Mayor or any City Council Member.

2. No Gifts: An applicant and its representatives shall not directly or through any agent or intermediary make, or arrange for the making of, any gift to the Mayor , City Council Member or staff person, twelve (12) months immediately preceding the date of the application, while the application is pending and for at least twelve (12) months after a Commercial Cannabis Permit is awarded. Gift shall have the meaning it is defined to have in the California Political Reform Act.

3. No Campaign Contributions: An applicant and its representatives shall not make a campaign contribution or loan of more than two hundred fifty dollars ($250.00) to the Mayor or any City Council Member.

Penalties
Failure to abide by these Process Integrity Standards may result in disqualification from an existing cannabis permit review process or revocation of a permit if it is later determined that the applicant or any person associated with the application or any third party lobbying on their behalf has violated these standards.

ATTACHMENT NO.
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7 ATTACHMENT NO. 5

NOTICE OF PUBLIC HEARING
Si desea información en Español referente a esta notificación o proyecto, favor de comunicarse al (909) 350-6728.

In compliance with Section No. 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.

Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the agenda will be made available in appropriate alternative formats to persons with a disability.

Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting.

A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:

Master Case No. 22-072/Municipal Code Amendment No. 22-006: Update to the City of Fontana Municipal Code for amendments to modify Chapter 30 and add Chapter 33 to regulate cannabis along with a provision for commercial cannabis operations for certain commercially designated properties along with standards, operating requirements, maximum number of commercial cannabis businesses, and permit requirements. The Planning Commission will review and forward a recommendation to the City Council for the proposed project.

Environmental
Determination:

This project qualifies for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15061(B)(3) (the common-sense exemption), or, in the alternative, 15303 (new construction or conversions of small structures), along with Sections 3.07 and 3.22 of the 2019 Local Guidelines for Implementing CEQA. Section 15303 pertains to “construction and location of limited numbers of new, small facilities” including up to three (3) “stores” in “urbanized areas.“ Here, Section 15303 applies as the Ordinance could, at most, only reasonably foreseeably result in the construction and location of only three (3) new retail facilities in an urban area.

Location: Citywide
Date of Hearing: June 21, 2022
Place of Hearing: City Hall Council Chambers, 8353 Sierra Avenue, Fontana, CA, 92335 ATTACHMENT NO.
240
7 Time of Hearing: 6:00 pm
Should you have any questions concerning this project, please contact Patty Nevins at (909) 350-7625 or [email protected].

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION. PLEASE CONTACT THE PLANNER LISTED ABOVE.

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 TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

Publish:
¼ Page
241
ATTACHMENT NO. 7
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1474 Agenda Date: 6/21/2022
Agenda #: Category: Public Hearing
FROM:

Planning Department
TITLE:

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

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)
REQUEST:

Tentative Parcel Map No. 21-026 (TPM No. 20485) - A proposal to create off-site improvements and City of Fontana Page 1 of 5 Printed on 6/15/2022
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ATTACHMENT NO. 7
File #: 21-1474 Agenda Date: 6/21/2022
Agenda #: Category: Public Hearing
dedications in connection with the on-site development.

Tentative Tract Map No. 21-010 (TTM No. 20511) - A proposal to consolidate 16 existing parcels and subdivide for condominium purposes.

Conditional Use Permit No. 21-024 - A proposal to establish a Planned Unit Development (PUD) in connection with the development of a new community with 143 units and community amenities and open space.

Design Review No. 21-049 - A request for site and architectural review and approval to construct 143 dwelling units - including 96 attached motorcourt units and 47 detached cluster units - with community amenities and open space located on a vacant site approximately 10.3-acres.

PROJECT PLANNER:

Cecily Session-Goins, Associate Planner
BACKGROUND INFORMATION:

PROJECT DESCRIPTION:

A. Project Area: 10.3 adjusted gross acres
B. Building Analysis
Allowable Density: 12-24 dwelling units/acre
Proposed Density: 13.9 dwelling units/acre
Building Height:

Maximum Allowed: 55 feet
Proposed: 33 feet maximum
Building/Unit Analysis:
96 attached motorcourt units
City of Fontana Page 2 of 5 Printed on 6/15/2022
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ATTACHMENT NO.
243
7 File #: 21-1474 Agenda Date: 6/21/2022
Agenda #: Category: Public Hearing
Parking Requirement:

One bedroom units: One garage space and one-half open parking space Two bedroom units: Two garage spaces
47 detached cluster units
Parking Requirement:

One bedroom units: One garage space and one-half open parking space Two bedroom units: Two garage spaces
Three bedroom units: Two garage spaces and one-half open parking space ANALYSIS:

The applicant, Lennar Homes, is proposing 143 units on approximately 10.3 gross acres. The units will consist of 96 attached motorcourt units and 47 detached cluster units. The project site is located on the south side of Sierra Lakes Parkway and is bound by Lytle Creek Road to the west and Maloof Avenue on the east and is comprised of 16 existing parcels. The applicant has proposed to consolidate the existing parcels and subdivide for condominium purposes.

Tentative Parcel Map No. 20485 and Tentative Tract Map No. 20511:

The applicant is requesting approval of a tentative parcel map and a tentative tract map for this project. Tentative Parcel Map No. 20485 will be used for the off-site improvements associated with the project and Tentative Tract Map No. 20511 will subdivide the project site for condominium purposes. The proposed condominium subdivision will include 143 residential parcels and 20 lettered lots for driveways and open space.

Conditional Use Permit No. 21-024 for a Planned Unit Development The applicant has submitted a Conditional Use Permit application for the purpose of establishing a Planned Unit Development (PUD). The Zoning and Development Code establishes regulations and City of Fontana Page 3 of 5 Printed on 6/15/2022
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ATTACHMENT NO. 7
File #: 21-1474 Agenda Date: 6/21/2022
Agenda #: Category: Public Hearing
Planned Unit Development (PUD). The Zoning and Development Code establishes regulations and procedures for approval of planned unit development (PUD) projects. The stated purposes of a PUD include: to encourage more desirable living environments within the density standards of the general plan and zoning code, to encourage greater open space and amenities for visual enjoyment and recreational use, to encourage a more efficient, aesthetic and desirable use of land, and to encourage variety in the physical development patterns of the City. The applicant has provided a unique and vibrant development with the incorporation of several passive and active recreational amenities throughout the community as described later in this report, as well as high quality architectural design. Thus, the proposed project meets the purpose and intent of the Planned Unit Development provisions of the Zoning and Development code.

Design Review No. 21-049:

The proposed project includes 143 residential units, including 96 attached motorcourt units and 47 detached cluster units.

The attached motorcourt units will be in eight (8) buildings of 12 units each. Each building will be in a “U” shape with a common driveway that will be used to access the garages for the units in the building. The “front” entrance for each unit will be on the opposite side of the buildings. Floor plans consisting of one (1), two (2) and three (3) bedrooms are proposed and range in size from 891 square feet to 1,924 square feet.

The architectural styles proposed for the motorcourt buildings are Urban Farmhouse and Prairie Modern. The Urban Farmhouse style is a modern version of the traditional Farmhouse style and features board and batten siding, brick accent cladding, a deep and muted color palette, and pitched rooflines The Prairie Modern style is a modern version of the simplistic Prairie architectural style. The proposed building features horizontal siding, stone accent cladding, a color palette consisting of deep tones and light accents, hipped rooflines, and windows with decorative muntins.

The proposed detached cluster units are arranged along private drives and/or in clusters of four (4) to six (6) homes. All floor plans will consist of three (3) bedrooms and will range in size from 1,587 square feet to 1,801 square feet. The units will have three (3) architectural styles - Progressive Traditional, Progressive Prairie and Modern Farmhouse. The Progressive Traditional elevations will consist of stone accent cladding, pitched rooflines, shutters, pot shelves and a neutral color palette.

The Progressive Prairie elevations utilize horizontal siding, stone accent cladding, decorative window trim and a neutral and/or monochromatic color palette. The Modern Farmhouse elevations consist of board and batten siding, brick accents, shutters, decorative rafter tails, and decorative window grids.

The proposed development includes several amenities throughout the community. A community pool will be centrally located and will also include a pool building with restroom, sun deck with lounge furniture and a gazebo with barbeque island and picnic tables. The community will also include a tot lot, paseos, a cornhole area and several passive recreational areas to gather.

Environmental:

Pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines an Addendum to the Lytle Creek Apartments Environmental Impact Report (State Clearinghouse [SCH] No. 2005021054) has been prepared for this proposed project. The aforementioned EIR was adopted by the City Council City of Fontana Page 4 of 5 Printed on 6/15/2022
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ATTACHMENT NO.
245
7 File #: 21-1474 Agenda Date: 6/21/2022
Agenda #: Category: Public Hearing
been prepared for this proposed project. The aforementioned EIR was adopted by the City Council on January 9, 2006 and it anticipated the development of residential units in a density greater than that of the proposed project. No new additional impacts beyond what was anticipated in the EIR mentioned above were identified and an addendum was prepared for the project. The Addendum to the Lytle Creek Apartments EIR can be found at
<https://www.fontana.org/2137/Environmental-Documents>.

MOTION:

Approve staff’s recommendation
ATTACHMENTS:

1. Vicinity Map

2. Project Plans

3. Planning Commission Resolution, Findings and Conditions of Approval

4. Planned Unit Development (PUD) Document

5. Notice of Public Hearing

6. Notice of Determination
City of Fontana Page 5 of 5 Printed on 6/15/2022
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ATTACHMENT NO.
246
7 ATTACHMENT NO. 1
N

VICINITY MAP
DATE: July 5, 2022
CASE: Master Case No. 21-123
General Plan No. 21-009
Zone Change No. 21-011
Tentative Tract Map No. 20513
Conditional Use Permit No. 21-022
Design Review No. 21-047

CITY OF FONTANA PLANNING DEPARTMENT
N
Project Site
247
ATTACHMENT NO. 7

SIERRA LAKES PARKWAY MALOOF AVENUE LYTLE CREEK ROAD

SAN BERNARDINO COUNTY FLOOD CONTROL PROPERTY
(DRIVEWAY A)

STREET A
LOT J
(DRIVEWAY B) LOT L LOT M LOT N

STREET C

STREET E STREET B STREET D STREET 'B' STREET 'D'
LOT G
(OPEN SPACE) LOT H
(OPEN SPACE)
LOT F
(OPEN SPACE) LOT 'I' (OPEN SPACE)

ROSS WAY
LOT 3 LOT 4
LOT 5 LOT 1 LOT 2
7 6 8
9 10
11 12 13 14 15 16 17
18 19
20 21
22 23 24
27 26 25
28 29
30 31
32 33
36 35 34
37 39 38
40 41 42
44 43 45
51 52
49 50 46 47 48
(DRIVEWAY C) (DRIVEWAY D)
(DRIVEWAY E)
(DRIVEWAY G)
(DRIVEWAY F)
LOT Q
LOT K
LOT P
LOT O
BLDG 2 UNIT
2-1 UNIT
2-2 UNIT
2-3 UNIT UNIT 2-4
2-5 UNIT
2-6 UNIT
2-7UNIT
2-8 UNIT
2-9 UNIT
2-10 UNIT
2-11 UNIT
2-12
UNIT UNIT 3-1
3-2 UNIT
3-3 UNIT
3-4UNIT
3-5 UNIT
3-6 UNIT
3-7 UNIT
3-8
UNIT
3-10 UNIT
3-9
UNIT
3-11 UNIT
3-12 UNIT UNIT 4-1
4-2 UNIT
4-3 UNIT
4-4UNIT
4-5 UNIT
4-6 UNIT
4-7 UNIT
4-8
UNIT
4-10 UNIT
4-9
UNIT
4-11 UNIT
4-12 UNIT UNIT 5-1
5-2 UNIT
5-3 UNIT
5-4UNIT
5-5 UNIT
5-6 UNIT
5-7 UNIT
5-8
UNIT
5-10 UNIT
5-9
UNIT
5-11 UNIT
5-12
UNIT
6-1UNIT
6-2 UNIT
6-3 UNIT
6-4 UNIT
6-5UNIT
6-6 UNIT
6-7 UNIT
6-8 UNIT
6-9 UNIT
6-10 UNIT
6-11 UNIT
6-12
UNIT
7-1 UNIT
7-2 UNIT
7-3 UNIT UNIT 7-4
7-5 UNIT
7-6 UNIT
7-7UNIT
7-8 UNIT
7-9 UNIT
7-10 UNIT
7-11 UNIT
7-12
UNIT
8-1UNIT
8-2 UNIT
8-3 UNIT
8-4 UNIT
8-5UNIT
8-6 UNIT
8-7 UNIT
8-8 UNIT
8-9 UNIT
8-10 UNIT
8-11 UNIT
8-12 BLDG 2
UNIT
1-1 UNIT
1-2 UNIT
1-3 UNIT UNIT 1-4
1-5 UNIT
1-6 UNIT
1-7UNIT
1-8 UNIT
1-9 UNIT
1-10 UNIT
1-11 UNIT
1-12 BLDG 1
BLDG 1
BLDG 3 BLDG 3 BLDG 4 BLDG 4 BLDG 5 BLDG 5
BLDG 6
BLDG 6 BLDG 7
BLDG 7
BLDG 8
BLDG 8
NORTH 1
1 CITY OF FONTANA

SITE PLAN

SITE PLAN

SOBRATO
TENTATIVE TRACT MAP NO. 20511
15 210 NORTH TENTATIVE TRACT MAP NO. 20511
LEGEND EASEMENT NOTE:

ATTACHMENT NO. 2
ATTACHMENT NO. 7

SIERRA LAKES PARKWAY MALOOF AVENUE LYTLE CREEK ROAD

ROSS WAY
ROUTE 210 FREEWAY

SAN BERNARDINO COUNTY FLOOD CONTROL PROPERTY

ADDITIONAL R/W

TO BE DEDICATED

TO THE CITY
AREA=1319.53 SF PORTION OF EX. R/W

TO BE SURPLUSED
AREA=173.00 SF PORTION OF EX. R/W

TO BE SURPLUSED
AREA=432.50 SF
PROPOSED PARCEL 1
GROSS AREA: 492,288.37 SF = 11.30 ACRES
NET AREA: 461,243.32 SF = 10.59 ACRES

ADDITIONAL R/W

TO BE DEDICATED

TO THE CITY
AREA=30,365.27 SF

MALOOF AVENUE LYTLE CREEK ROAD SIERRA LAKES PARKWAY
∆
∆
∆
∆
∆
∆
∆
∆
∆

CITY OF FONTANA
TENTATIVE PARCEL MAP NO. 20485
LEGEND

NORTH HATCHING LEGEND
TENTATIVE PARCEL MAP NO. 20485
1 1
15 210 NORTH VICINITY MAP

CITY OF FONTANA

BENCHMARK

ENGINEER
OWNER

SOILS ENGINEER

BASIS OF BEARINGS

ASSESSOR'S PARCEL NO
ZONING

LAND USE

UTILITY PROVIDERS

ABBREVIATIONS

DEVELOPER

AREA SUMMARY

LEGAL DESCRIPTION

EASEMENT NOTES
ATTACHMENT NO. 7
LOT 3 LOT 4
LOT 5 LOT 'M' (PRIVATE DRIVE) EVA LOT 1 LOT 2
UNIT
1-1 UNIT
1-2 UNIT
1-3 UNIT UNIT 1-4 1-5 UNIT
1-6 UNIT
1-7UNIT
1-8 UNIT
1-9 UNIT
1-10 UNIT
1-11 UNIT
1-12
(DRIVEWAY A) (DRIVEWAY B)
(DRIVEWAY C) (DRIVEWAY D)
(DRIVEWAY E)
(DRIVEWAY F)
(DRIVEWAY G)

LOT 'R' (OPEN SPACE) (OPEN SPACE) LOT 'R' (OPEN SPACE) LOT 'R' (OPEN SPACE) LOT 'N' (PRIVATE DRIVE)
8 7 6
9 10
11 12 13 14 15 16 17 18 19 20
21 49 50
52 51
46 47 48
45 44 43
40 41 42
39 38 37 36 35 34
32 33 31
30 29 28
25 26 27
22 24 23 LOT 'L' (PRIVATE DRIVE)

LOT 'G' (OPEN SPACE) LOT 'H' (OPEN SPACE) LOT 'C' STREET C

PRIVATE DRIVE ISLE

LOT 'O' (PRIVATE DRIVE) LOT 'P' (PRIVATE DRIVE) LOT 'Q' (PRIVATE DRIVE) LOT 'K' (PRIVATE DRIVE)

LOT 'S' LOT 'A' (PRIVATE STREET) STREET A

LOT 'T'(OPEN SPACE) LOT 'F' (OPEN SPACE) LOT 'B' STREET B PRIVATE DRIVE ISLE LOT 'D' STREET D PRIVATE DRIVE ISLE

LOT 'J' (PRIVATE DRIVE)

LOT 'E' STREET E

PRIVATE DRIVE ISLE LOT 'I' (OPEN SPACE)
BUILDING 1
BUILDING 2 UNIT
2-1 UNIT
2-2 UNIT
2-3 UNIT UNIT 2-4
2-5 UNIT
2-6 UNIT
2-7UNIT
2-8 UNIT
2-9 UNIT
2-10 UNIT
2-11 UNIT
2-12
BUILDING 3
UNIT UNIT 3-1 3-2 UNIT
3-3 UNIT
3-4UNIT
3-5 UNIT
3-6 UNIT
3-7 UNIT
3-8
UNIT
3-10 UNIT
3-9
UNIT
3-11 UNIT
3-12 BUILDING 4
UNIT UNIT 4-1
4-2 UNIT
4-3 UNIT
4-4UNIT
4-5 UNIT
4-6 UNIT
4-7 UNIT
4-8
UNIT
4-10 UNIT
4-9
UNIT
4-11 UNIT
4-12
BUILDING 5
UNIT UNIT 5-1 5-2 UNIT
5-3 UNIT
5-4UNIT
5-5 UNIT
5-6 UNIT
5-7 UNIT
5-8
UNIT
5-10 UNIT
5-9
UNIT
5-11 UNIT
5-12
BUILDING 6 UNIT
6-1UNIT
6-2 UNIT
6-3 UNIT
6-4 UNIT
6-5UNIT
6-6 UNIT
6-7 UNIT
6-8 UNIT
6-9 UNIT
6-10 UNIT
6-11 UNIT
6-12
BUILDING 7 UNIT
7-1 UNIT
7-2 UNIT
7-3 UNIT UNIT 7-4 7-5 UNIT
7-6 UNIT
7-7UNIT
7-8 UNIT
7-9 UNIT
7-10 UNIT
7-11 UNIT
7-12
BUILDING 8 UNIT
8-1UNIT
8-2 UNIT
8-3 UNIT
8-4 UNIT
8-5UNIT
8-6 UNIT
8-7 UNIT
8-8 UNIT
8-9 UNIT
8-10 UNIT
8-11 UNIT
8-12

SIERRA LAKES PARKWAY MALOOF AVENUE LYTLE CREEK ROAD

ROSS WAY
ROUTE 210 FREEWAY

SAN BERNARDINO COUNTY FLOOD CONTROL PROPERTY
PROPOSED PARCEL 1 PER TPM NO. 20485
1 MALOOF AVENUE LYTLE CREEK ROAD SIERRA LAKES PARKWAY

CITY OF FONTANA
TENTATIVE TRACT MAP NO. 20511

ENGINEER
OWNER

SOILS ENGINEER

LEGAL DESCRIPTION

ASSESSOR'S PARCEL NO
ZONING

LAND USE

UTILITY PROVIDERS LEGEND ABBREVIATIONS
NORTH
TENTATIVE TRACT MAP NO. 20511
1 1
15 210 NORTH PROJECT
SITE

VICINITY MAP

PARCEL AREA TABLE PARCEL AREA TABLE PARCEL AREA TABLE

CITY OF FONTANA

DEVELOPER

AREA SUMMARY
NOTE

EXISTING EASEMENT NOTES

BENCHMARK

BASIS OF BEARINGS

FOR CONDOMINIUM PURPOSES

PROPOSED EASEMENT NOTES
1 ATTACHMENT NO. 7
A0.1 COVER SHEET Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com SOBRATO - MOTORCOURT FONTANA, CA # 2021-1136 CONCEPTUAL DESIGN APRIL 26, 2022 SHEET INDEX A0.1 TITLE SHEET A1.0 BUILDING PLANS - 12 PLEX FIRST FLOOR A1.1 BUILDING PLANS - 12 PLEX SECOND FLOOR A1.2 BUILDING PLANS - ROOF A2.0 UNIT PLANS - PLAN 1 & PLAN 3 A2.1 UNIT PLANS - PLAN 2 A2.2 UNIT PLANS - PLAN 4 & PLAN 5 A3.0 EXTERIOR ELEVATIONS - 12 PLEX URBAN FARMHOUSE A3.1 EXTERIOR ELEVATIONS - 12 PLEX PRAIRIE MODERN SOBRATO MOTORCOURT MAY 27, 2022 ATTACHMENT NO.
7 PLAN 1 PLAN 3 PLAN 2 PLAN 5 PLAN 4
101'-8" 148'-0" 30'-0" 26'-0" PLAN 1 PLAN 3 PLAN 2 PLAN 5 PLAN 4 PLAN 2 PLAN 2 ELECTRICAL LOW- VOLTAGE FIRE RISER GAS METER - VERIFY W/ PLUMBING AND DRY UTILITIES *PROVIDE VENTS IN DOORS & SLOPED CEILING IN THE CLOSET *GAS RISER TO BE LOCATED OUTSIDE OF CLOSET 38'-10"2'-0" 2'-0" 2'-0" 1'-6 1/2" 34'-0" 15'-3" 4'-5" 10'-10" Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com SOBRATO - MOTORCOURT FONTANA, CA # 2021-1136 CONCEPTUAL DESIGN APRIL 26, 2022 A1.0 BUILDING PLANS 0 4 8 16 12 PLEX - FIRST FLOOR MAY 27, 2022 ATTACHMENT NO.
7 PLAN 1 PLAN 3 PLAN 2 PLAN 5 PLAN 4 PLAN 2 PLAN 1 PLAN 3 PLAN 2 PLAN 5 PLAN 4 PLAN 2 DN 17 R DN 17 R DN17 R DN17 R
DN
17 R
DN
17 R 37'-7" 26'-0" 30'-6" 101'-8" 148'-0"
2'-0" 2'-0" 2'-0" 1'-6 1/2" Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com SOBRATO - MOTORCOURT FONTANA, CA # 2021-1136 CONCEPTUAL DESIGN APRIL 26, 2022 A1.1 BUILDING PLANS 0 4 8 16 12 PLEX - SECOND FLOOR MAY 27, 2022 ATTACHMENT NO.
7 PLAN 1 NET S.F. 1ST FLOOR 58 SQ. FT. 2ND FLOOR 784 SQ. FT. TOTAL LIVING 843 SQ. FT. PLAN 1 GROSS S.F. 1ST FLOOR 69 SQ. FT. 2ND FLOOR 822 SQ. FT. TOTAL LIVING 891 SQ. FT. PLAN 3 NET S.F. 1ST FLOOR 673 SQ. FT. 2ND FLOOR 642 SQ. FT. TOTAL LIVING 1315 SQ. FT. PLAN 3 GROSS S.F. 1ST FLOOR 708 SQ. FT. 2ND FLOOR 672 SQ. FT. TOTAL LIVING 1380 SQ. FT. PLAN 1 1 BEDROOM / 1.5 BATH 10'-2"x20'-0" GARAGE 9 0 CLG. 12'-1"x12'-10" MASTER BEDROOM 9 0 CLG. MASTER BATHROOM 9 0 CLG. LAU. 9 0 CLG. 10'-0"x5'-11" DECK 9 0 CLG. 11'-10"x16'-3" LIVING 9 0 CLG. KITCHEN 9 0 CLG. W.I.C. 9 0 CLG. 11'-4" L.F. 20'-7"x23'-0" GARAGE 9 0 CLG. ENTRY 9 0 CLG. BATH 2 9 0 CLG. W.I.C. 9 0 CLG. 16'-5" L.F. BATH 3 9 0 CLG. 12'-0"x14'-5" LIVING 9 0 CLG. 9'-10"x8'-2" DINING 9 0 CLG. 10'-2"x9'-0" BEDROOM 3 9 0 CLG. KITCHEN 9 0 CLG. 12'-8"x14'-4" MASTER BEDROOM 9 0 CLG. MASTER BATHROOM 9 0 CLG. LAU. 9 0 CLG. 11'-5"x10'-0" BEDROOM 2 9 0 CLG. PLAN 3 3 BEDROOM / 3 BATH PANTRY COATS
LINEN SECOND FLOOR FIRST FLOOR PDR. 9 0 CLG.8'-11"x9'-8" DINING 9 0 CLG. 1S 1P 2S 2P
2S 2P 2S 2P 2S 2P 59 SQ. FT. PLAN 1 PLAN 3 PLAN 1 PLAN 3 33'-11" 33'-11" 33'-3" 23'-10" 1'-9"
2'-3"
2'-3"
33'-3" 25'-7" 11'-6" 22'-5" 11'-6" 22'-5" 2'-0"
30'-6" 30'-6" 2'-0"
30'-6" 28'-6" 2'-0"
15'-3" Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com SOBRATO - MOTORCOURT FONTANA, CA # 2021-1136 CONCEPTUAL DESIGN APRIL 26, 2022 A2.0 UNIT PLANS 0 2 4 8 PLAN 1 & PLAN 3 MAY 27, 2022 ATTACHMENT NO.
7 PLAN 2 NET S.F. 1ST FLOOR 531 SQ. FT. 2ND FLOOR 869 SQ. FT. TOTAL LIVING 1400 SQ. FT. PLAN 2 GROSS S.F. 1ST FLOOR 563 SQ. FT. 2ND FLOOR 913 SQ. FT. TOTAL LIVING 1477 SQ. FT. 11'-1"x40'-0" GARAGE 9 0 CLG. 7'-4"x6'-6" LAU. 9 0 CLG. 11'-11"x13'-5" BEDROOM 2 9 0 CLG. ENTRY 9 0 CLG. PORCH 9 0 CLG. 13'-1"x12'-10" LIVING 9 0 CLG. 11'-0"x11'-9" DINING 9 0 CLG. PDR. 9 0 CLG. KITCHEN 9 0 CLG. 10'-11"x12'-5" MASTER BEDROOM 9 0 CLG. MASTER BATHROOM 9 0 CLG. W.I.C. 9 0 CLG. 16'-1" L.F. BATH 2 9 0 CLG. PLAN 2 2 BEDROOM / 2.5 BATH SECOND FLOOR FIRST FLOOR PANTRY 9'-0"x7'-8" DECK 9 0 CLG. UNDER-STAIR STORAGE
2S 2P 2S 2P84 SQ. FT.
58'-9" 11'-6" 11'-6" 23'-0"
33'-0" 25'-9"
57'-0" 11'-6" 11'-6" 23'-0"
33'-0" 25'-9"
1'-9" Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com SOBRATO - MOTORCOURT FONTANA, CA # 2021-1136 CONCEPTUAL DESIGN APRIL 26, 2022 A2.1 UNIT PLANS 0 2 4 8 PLAN 2 MAY 27, 2022 ATTACHMENT NO.
7 PLAN 4 NET S.F. 1ST FLOOR 585 SQ. FT. 2ND FLOOR 1062 SQ. FT. TOTAL LIVING 1648 SQ. FT. PLAN 4 GROSS S.F. 1ST FLOOR 616 SQ. FT. 2ND FLOOR 1104 SQ. FT. TOTAL LIVING 1720 SQ. FT. PLAN 6 NET S.F. 1ST FLOOR 690 SQ. FT. 2ND FLOOR 1139 SQ. FT. TOTAL LIVING 1829 SQ. FT. PLAN 6 GROSS S.F. 1ST FLOOR 731 SQ. FT. 2ND FLOOR 1194 SQ. FT. TOTAL LIVING 1924 SQ. FT. 20'-4"x20'-2" GARAGE 9 0 CLG. ENTRY 9 0 CLG. BATH 2 9 0 CLG. W.I.C. 9 0 CLG. 18'-0" L.F. 17'-2"x13'-2" LIVING 9 0 CLG. 13'-6"x10'-8" DINING 9 0 CLG. KITCHEN 9 0 CLG. 12'-0"x12'-7" MASTER BEDROOM 9 0 CLG. MASTER BATHROOM 9 0 CLG. 11'-5"x12'-10" BEDROOM 3 9 0 CLG. 10'-9"x11'-1" BEDROOM 2 9 0 CLG. 8'-6"x6'-4" LAU. 9 0 CLG. PORCH 9 0 CLG. PLAN 4 3 BEDROOM / 2.5 BATH 15'-7"x12'-0" MASTER BEDROOM 9 0 CLG. W.I.C. 9 0 CLG. 19'-6" L.F. 5'-7"x7'-8" LAU. 9 0 CLG. BATH 2 9 0 CLG. W.I.C. 9 0 CLG. 8'-3" L.F. 10'-1"x11'-0" BEDROOM 3 9 0 CLG. 10'-1"x11'-0" BEDROOM 2 9 0 CLG. 20'-5"x20'-7" GARAGE 9 0 CLG. PDR. 9 0 CLG. KITCHEN 9 0 CLG. 13'-0"x16'-3" LIVING 9 0 CLG. 8'-2"x13'-5" DINING 9 0 CLG. ENTRY 9 0 CLG. PORCH 9 0 CLG.

COATS PLAN 5 3 BEDROOM + LOFT / 2.5 BATH SECOND FLOOR FIRST FLOOR PDR 7 2 CLG. 11'-0"x16'-3" LOFT 9 0 CLG. 2S 2P 2S 2P 1S 1P 2S 2P
2S 2P 1S 1P
COATS
1S 1P BAY WINDOW PLAN 5 PLAN 5 PLAN 4 PLAN 4
23'-9" 7'-9" 25'-9" 16'-8" 27'-6"
33'-3" 22'-0" 2'-0"
16'-7" 22'-10" 5'-4" 11'-6" 2'-0" 1'-7"
23'-9" 14'-10" 18'-7"
16'-8" 27'-6"
33'-3" 22'-0" 2'-0"
16'-7" 22'-10" 6'-11" 11'-6" 2'-0" Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com SOBRATO - MOTORCOURT FONTANA, CA # 2021-1136 CONCEPTUAL DESIGN APRIL 26, 2022 A2.2 UNIT PLANS 0 2 4 8 PLAN 4 & PLAN 5 MAY 27, 2022 ATTACHMENT NO.
7 9'-1" F.F. T.O.P. F.F. T.O.P.
9'-1" ±33'-0" 9'-1" 9'-1" ±33'-0" F.F. T.O.P. F.F. T.O.P. Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com SOBRATO - MOTORCOURT FONTANA, CA # 2021-1136 CONCEPTUAL DESIGN APRIL 26, 2022 A3.0 EXTERIOR ELEVATIONS 0 4 8 16 12 PLEX - URBAN FARMHOUSE STYLE FRONT LEFT REAR RIGHT MATERIAL LIST: 1. STUCCO 2. FIBER CEMENT SIDING 3. ASPHALT COMPOSITE ROOFING 4. STUCCO TRIM 5. LIGHT FIXTURE 6. GARAGE DOOR 7. VINYL WINDOWS 8. UTILITY DOORS 9. WOOD RAILING 10. ENTRY DOOR 11. BRICK VENEER 12. DECORATIVE VENT 5 2 7 3 8 1 6 9 4 11 11 10 FENCE LINE FENCE LINE FENCE LINE MAY 27, 2022 ATTACHMENT NO.
7 9'-1" F.F. T.O.P. F.F. T.O.P.
9'-1" ±33'-0" 9'-1" 9'-1" ±33'-0" F.F. T.O.P. F.F. T.O.P. Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com SOBRATO - MOTORCOURT FONTANA, CA # 2021-1136 CONCEPTUAL DESIGN APRIL 26, 2022 A3.1 EXTERIOR ELEVATIONS 0 4 8 16 12 PLEX - PRAIRIE MODERN STYLE FRONT LEFT REAR RIGHT MATERIAL LIST: 1. STUCCO 2. FIBER CEMENT SIDING 3. ASPHALT COMPOSITE ROOFING 4. STUCCO TRIM 5. LIGHT FIXTURE 6. GARAGE DOOR 7. VINYL WINDOWS 8. UTILITY DOORS 9. WOOD RAILING 10. ENTRY DOOR 10 7 2 1 9 6 8 3 4 5 FENCE LINE FENCE LINE FENCE LINE MAY 27, 2022 ATTACHMENT NO.
7 #21006

05.26.2022
ATTACHMENT NO.
259
7 A-1
A-2
A-3
A-4
A-5
A-6
A-7
A-8
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A-10
A-11
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Typical Cluster Plan
Plan 1 - (1578) Front Elevations
Plan 1A - (1578) Floor Plan
Plan 1A - (1578) Progressive Traditional Elevations
Plan 1A - (1578) Progressive Traditional With Extra Embellishments Plan 1B - (1578) Progressive Prairie Elevations
Plan 1B - (1578) Progressive Prairie With Extra Embellishments Plan 1C - (1578) Modern Farmhouse Elevations
Plan 1C - (1578) Modern Farmhouse With Extra Embellishments Plan 1 - (1578) Roof Plans
Plan 2 - (1715) Front Elevations
Plan 2A - (1715) Floor Plan
Plan 2A - (1715) Progressive Traditional Elevations
Plan 2A - (1715) Progressive Traditional With Extra Embellishments Plan 2B - (1715) Progressive Prairie Elevations
Plan 2B - (1715) Progressive Prairie With Extra Embellishments Plan 2C - (1715) Modern Farmhouse Elevations
Plan 2C - (1715) Modern Farmhouse With Extra Embellishments Plan 2 - (1715) Roof Plans
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A-21
A-22
A-23
A-24
A-25
A-26
A-27
A-28
A-29
A-30
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A-32
A-33
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A-37
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A-41
Plan 3 - (1790) Front Elevations
Plan 3A - (1790) Floor Plan
Plan 3A - (1790) Progressive Traditional Elevations
Plan 3A - (1790) Progressive Traditional With Extra Embellishments Plan 3B - (1790) Progressive Prairie Elevations
Plan 3B - (1790) Progressive Prairie With Extra Embellishments Plan 3C - (1790) Modern Farmhouse Elevations
Plan 3C - (1790) Modern Farmhouse With Extra Embellishments Plan 3 - (1790) Roof Plans
Plan 4 - (1801) Front Elevations
Plan 4A - (1801) Floor Plan
Plan 4A - (1801) Progressive Traditional Elevations
Plan 4A - (1801) Progressive Traditional With Extra Embellishments Plan 4B - (1801) Progressive Prairie Elevations
Plan 4B - (1801) Progressive Prairie With Extra Embellishments Plan 4C - (1801) Modern Farmhouse Elevations
Plan 4C - (1801) Modern Farmhouse With Extra Embellishments Plan 4 - (1801) Roof Plans
Written Color Schemes
Color Boards - “A” Progressive Traditional
Color Boards - “B” Progressive Prairie
Color Boards - “C” Modern Farmhouse
Architect: Kevin L. Crook Architect Inc.
1360 Reynolds Ave. Suite 110
Irvine, Ca 92614
Developer: Lennar Homes of California
980 Montecito Dr, Suite 302
Corona, CA 92879
Contact: Adrian Hermanson
Email: [email protected]
Business: (951) 817-3514
www.lennar.com
Contact: Barry Pattison
Email: [email protected]
Business: (949) 660-1591
www.klcarch.com SOBRATO

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ATTACHMENT NO.
261
7 JOB #: 21006
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
LENNAR
R
0 2 4 8
C Kevin L. Crook Architect, Inc. 2021 Refer to landscape drawings for wall, tree, and shrub locations C Kevin L. Crook Architect, Inc. 2021 Refer to landscape drawings for wall, tree, and shrub locations

B - PROGRESSIVE PRAIRIE
C Kevin L. Crook Architect, Inc. 2021 Refer to landscape drawings for wall, tree, and shrub locations

A - PROGRESSIVE TRADITIONAL

C - MODERN FARMHOUSE

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ATTACHMENT NO.
262
7 UNCONDITIONED SPACE

CONDITIONED SPACE

AREA TABULATION
PLAN 1
LINEN
BATH 2
HALL
LAU.

O. BATH
W.I.C.
18'-10" L.F.

TECH
14'-0" x 14'-9" O. BEDRM.
10'-1" x 9'-11" BEDRM. 2
10'-0" x 9'-11" BEDRM. 3
COATS
PORCH
ENTRY

KITCHEN
PWDR.
20'-4" x20'-11" GARAGE
7'-7" x 14'-6" DINING 10'-10"x 14'-7" GREAT RM.
20'-0"x20'-0" CLEAR
Available ceiling
Storage
Accommodations
5'x10'x2' = 100 Cu. Ft.

Available ceiling
Storage
Accommodations
5'x10'x2' = 100 Cu. Ft.
28'-6"
39'-0"
35'-0"
19'-6" 9'-0"
5'-0"
40'-0"
1'-0"
JOB #: 21006
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
LENNAR
R

SECOND FLOOR FIRST FLOOR
0 2 4 8

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Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
LENNAR
R
0 2 4 8

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ATTACHMENT NO.
270
7 JOB #: 21006
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
LENNAR
R
0 2 4 8
C Kevin L. Crook Architect, Inc. 2021 Refer to landscape drawings for wall, tree, and shrub locations C Kevin L. Crook Architect, Inc. 2021 Refer to landscape drawings for wall, tree, and shrub locations

B - PROGRESSIVE PRAIRIE
C Kevin L. Crook Architect, Inc. 2021 Refer to landscape drawings for wall, tree, and shrub locations

A - PROGRESSIVE TRADITIONAL

C - MODERN FARMHOUSE

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271
ATTACHMENT NO. 7

AREA TABULATION

CONDITIONED SPACE

UNCONDITIONED SPACE
PLAN 2
LAU.

HALL
BATH 2 W.I.C.
23'-3" L.F.

LINEN
LINEN
20'-3" x 13'-0" O. BEDRM.

BATH
11'-9" x 9'-10" BEDRM. 2
12'-11"x 9'-10" BEDRM. 3

KITCHEN
PWDR.

ENTRY
PORCH
20'-2" x 20'-4" GARAGE
16'-4" x 8'-0" DINING
16'-4" x 11'-8" GREAT RM.

COATS
20'-0"x20'-0" CLEAR
Available ceiling
Storage
Accommodations
5'x10'x2' = 100 Cu. Ft.

Available ceiling
Storage
Accommodations
5'x10'x2' = 100 Cu. Ft.
43'-0"
20'-11"
30'-0"
10'-7" 11'-5" 21'-0"
7'-5" 1'-8"
JOB #: 21006
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
LENNAR
R

SECOND FLOOR FIRST FLOOR
0 2 4 8

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ATTACHMENT NO. 7

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Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
LENNAR
R
0 2 4 8

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#21006

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ATTACHMENT NO.
279
7 JOB #: 21006
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
LENNAR
R
0 2 4 8
C Kevin L. Crook Architect, Inc. 2021 Refer to landscape drawings for wall, tree, and shrub locations

B - PROGRESSIVE PRAIRIE

A - PROGRESSIVE TRADITIONAL

C - MODERN FARMHOUSE
C Kevin L. Crook Architect, Inc. 2021 Refer to landscape drawings for wall, tree, and shrub locations C Kevin L. Crook Architect, Inc. 2021 Refer to landscape drawings for wall, tree, and shrub locations

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ATTACHMENT NO.
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7 AREA TABULATION

UNCONDITIONED SPACE

CONDITIONED SPACE
PLAN 3
W.I.C.

BATH
LAU.

BATH 2
16'-7" L.F.

LINEN
12'-4" x 14'-2" O. BEDRM.

OPEN TO
BELOW
10'-2" x 10'-6" BEDRM. 2 10'-2" x 11'-1" BEDRM. 3
HALL
BATH 3

KITCHEN
ENTRY
LINEN
PORCH
20'-8" x 20'-3" GARAGE
11'-2" x 13'-2" DINING
15'-5" x 11'-7"
10'-2" 10'-5" GREAT RM. x BEDRM. 4
COATS
20'-0"x20'-0" CLEAR
Available ceiling
Storage
Accommodations
5'x10'x2' = 100 Cu. Ft.

Available ceiling
Storage
Accommodations
5'x10'x2' = 100 Cu. Ft.
28'-10"
46'-0"
4'-0"
19'-11" 10'-1"
2'-0"
19'-0" 25'-0"
48'-0"
30'-0"
1'-2"
JOB #: 21006
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
LENNAR
R

SECOND FLOOR FIRST FLOOR
0 2 4 8

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Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
LENNAR
R
0 2 4 8

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#21006

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ATTACHMENT NO.
288
7 JOB #: 21006
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
LENNAR
R
0 2 4 8
C Kevin L. Crook Architect, Inc. 2021 Refer to landscape drawings for wall, tree, and shrub locations

B - PROGRESSIVE PRAIRIE

A - PROGRESSIVE TRADITIONAL

C - MODERN FARMHOUSE
C Kevin L. Crook Architect, Inc. 2021 Refer to landscape drawings for wall, tree, and shrub locations C Kevin L. Crook Architect, Inc. 2021 Refer to landscape drawings for wall, tree, and shrub locations

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ATTACHMENT NO.
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7 AREA TABULATION

UNCONDITIONED SPACE

CONDITIONED SPACE
PLAN 4
W.I.C.

BATH
LAU.

BATH 2 16'-7" L.F. LINEN
HALL
10'-6" x 10'-2" BEDRM. 2
11'-1" x 10'-3" BEDRM. 3
14'-0" x 12'-4" O. BEDRM.

LINEN
20'-3" x 20'-8" GARAGE
BATH 3

KITCHEN
ENTRY
COATS
PWDR.
10'-5" x 10'-2" BEDRM. 4
12'-6" x 11'-2" DINING
12'-3" x 15'-5" GREAT RM.
20'-0"x20'-0" CLEAR
Available ceiling
Storage
Accommodations
5'x10'x2' = 100 Cu. Ft.

Available ceiling
Storage
Accommodations
5'x10'x2' = 100 Cu. Ft.
46'-0"
21'-3" 8'-9"
30'-8"
8" 1'-2" 28'-10"
8" 1'-111
2" 12'-9" 8'-0" 23'-31
2"
JOB #: 21006
Kevin L. Crook
Inc
klcarch.com
Architect
PLANNING + ARCHITECTURE
LENNAR
R

SECOND FLOOR FIRST FLOOR
0 2 4 8

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Inc
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Architect
PLANNING + ARCHITECTURE
LENNAR
R
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ATTACHMENT NO.
297
7 WRITTEN COLOR SCHEMES
JOB # 21006
CREATED 1/27/2022
SCHEME 1 SCHEME 2 SCHEME 3
STUCCO 1606 1610 1596
STUCCO PAINT MATCH SW9087 SMOKY BEIGE SW9087 SMOKY BEIGE SW6150 UNIVERSAL KHAKI

FASCIA / TRIM /

CORNER BOARDS
SW7522

MEADOWLARK
SW7508

TAVERN TAUPE
SW7744
ZEUS STUCCO: OMEGA

GARAGE DOOR /

LAP SIDING
SW6385

DOVER WHITE
SW9180

AGED WHITE
SW7556
CRÈME PAINT: SHERWIN WILLIAMS

FRONT DOOR /

SHUTTERS
SW9141

WATERLOO
SW2838

POLISHED MAHOGANY
SW7020

BLACK FOX

STONE /
BRICK:

KONI MATERIALS
(SoCal Stone - Brian)
ROOF: FLAT SLATE 1FACS5354

STONE MT BLEND
1FACS7002

CHERRYWOOD
1FECY4072
SAHARA QUARTZ BLD ROOF: BORAL
BRICK: RUNNING BOND

INSTALL

KONI BRICK
GREY

ARABIAN BRICK

NEW JERSEY

ARABIAN BRICK
CHICAGO GROUT: ORCO or EQUAL
GROUT MAC MISTY COVE MAC MISTY COVE MAC MISTY COVE GUTTERS: RGS

GUTTERS BUCKSKIN BROWN WOOD BEIGE PEBBLESTONE
"B" ELEVATIONS
SCHEME 4 SCHEME 5 SCHEME 6
STUCCO 1554 1529 1547
STUCCO PAINT MATCH SW7638 JOGGING PATH SW7517 RIVERS EDGE SW7689 ROW HOUSE TAN

FASCIA / TRIM /

GARAGE DOOR
SW7566

WESTHIGHLAND WT
SW7566

WESTHIGHLAND WT
SW7554

STEAMED MILK

LAP SIDING /

CORNER BOARDS
SW7743

MOUNTAIN ROAD
SW7509

TIKI HUT
SW7522

MEADOWLARK

FRONT DOOR
SW6221

MOODY BLUE
SW0008

CAJUN RED
SW7740

MESSENGER BAG
ROOF: FLAT SLATE
1FACS1430

CHARCOAL BLEND
1FACS1132

CHARCOAL BRWN BLD
1FACS0141

BUCKSKIN
STONE:

DRYSTACK INSTALL

FAST SET
SILVER

FAST SET

TERRACOTTA

FAST SET

SOUTHWEST

GUTTERS LINEN LINEN CHAMPAGNE
SCHEME 7 SCHEME 8 SCHEME 9
STUCCO 1572 1557 1528
STUCCO PAINT MATCH*** SW7757 HI REFLECTV WT SW7573 EAGLET BEIGE SW7632 MODERN GRAY

FASCIA / TRIM
SW7069

IRON ORE
SW7551

GREEK VILLA
SW7628

WINDFRESH WHITE

BOARD & BATTEN SIDING /

GARAGE DOOR
SW7757

HIGH REFLECTIVE WT
SW2834

BIRDSEYE MAPLE
SW6074

SPALDING GRAY

FRONT DOOR /

SHUTTERS
SW7069

IRON ORE
SW7740

MESSENGER BAG
SW7625

MOUNT ETNA
ROOF: FLAT SHAKE 1FBCJ1430

CHARCOAL BLEND
1FBCJ4072

SAHARA QUARTZ
1FBCJ3181

SMOKEY TOPAZ BLD
BRICK:

STACK BOND INSTALL

KONI BRICK

CHARCOAL

KONI BRICK
BLANC

KONI BRICK
BLANC

GUTTERS BRONZE LINEN CHAMPAGNE
** FOR PHOTOSHOP & RENDERING PURPOSES ONLY, DO NOT USE IN THE FIELD TODAS LAS TAPAJUNTAS, CAñALERAS, CAñALONES, ETC.SERAN PINTADOS PARA IGUALAR A LA SUPERFICIE DE JUNTO

TODAS LAS RESTAURAS DE PINTURA SE CORTARAN EN LAS ESQUINAS INTERIORES **SOLO PARA FINES DE PHOTOSHOP Y REPRESENTACIONES, NO USAR EN EL CAMPO

PROGRESSIVE PRAIRIE
"C" ELEVATIONS

MODERN FARMHOUSE
ALL FLASHING, GUTTERS, DOWNSPOUTS ETC. TO BE PAINTED TO MATCH ADJACENT SURFACE. ALL PAINT BREAKS TO BE CUT AT INSIDE CORNERS.

VENEER
MFR. REV
4/18/2022

CITRUS HEIGHTS SOBRATO

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"A" ELEVATIONS

PROGRESSIVE TRADITIONAL

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7 COLOR BOARDS - “A” PROGRESSIVE TRADITIONAL

PROGRESSIVE TRADITIONAL
FEB. 3, 2022
#21006C

SOBRATO

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SCHEME #1

STUCCO BODY
ROOF

GARAGE DOOR /

LAP SIDING

FASCIA / TRIM /

CORNER BOARDS

FRONT DOOR /

SHUTTERS
BRICK

PROGRESSIVE TRADITIONAL
FEB. 3, 2022
#21006C

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SCHEME #2

STUCCO BODY
ROOF

GARAGE DOOR /

LAP SIDING

FASCIA / TRIM /

CORNER BOARDS
BRICK

FRONT DOOR /

SHUTTERS

PROGRESSIVE TRADITIONAL
FEB. 3, 2022
#21006C

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SCHEME #3

GARAGE DOOR /

LAP SIDING

FASCIA / TRIM /

CORNER BOARDS
BRICK

STUCCO BODY
ROOF

FRONT DOOR /

SHUTTERS
*COLORS MAY VARY DUE TO SCREEN AND PRINTER
CALIBRATION. REFER TO PAINT CHIPS AND MATERIAL
BOARDS FOR ACTUAL COLORS.

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7 COLOR BOARDS - “B” PROGRESSIVE PRAIRIE

PROGRESSIVE PRAIRIE
FEB. 3, 2022
#21006C

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SOBRATO
SCHEME #4

STUCCO BODY
ROOF

FASCIA / TRIM /

GARAGE DOOR

LAP SIDING /

CORNER BOARDS

FRONT DOOR
STONE

PROGRESSIVE PRAIRIE
FEB. 3, 2022
#21006C

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SOBRATO
SCHEME #5

FASCIA / TRIM /

GARAGE DOOR

LAP SIDING /

CORNER BOARDS

FRONT DOOR

STUCCO BODY
ROOF
STONE

PROGRESSIVE PRAIRIE
FEB. 3, 2022
#21006C

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SOBRATO
SCHEME #6

FASCIA / TRIM /

GARAGE DOOR

LAP SIDING /

CORNER BOARDS

FRONT DOOR

STUCCO BODY
ROOF
STONE
*COLORS MAY VARY DUE TO SCREEN AND PRINTER
CALIBRATION. REFER TO PAINT CHIPS AND MATERIAL
BOARDS FOR ACTUAL COLORS.

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ATTACHMENT NO.
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7 COLOR BOARDS - “C” MODERN FARMHOUSE

MODERN FARMHOUSE
APR. 18, 2022
#21006C

FONTANA, CA

SOBRATO
SCHEME #7

FASCIA / TRIM

BOARD & BATTEN

SIDING /

GARAGE DOOR

FRONT DOOR /

SHUTTERS

STUCCO BODY
ROOF
BRICK

MODERN FARMHOUSE
APR. 18, 2022
#21006C

FONTANA, CA

SOBRATO
SCHEME #8

FASCIA / TRIM

BOARD & BATTEN

SIDING /

GARAGE DOOR

FRONT DOOR /

SHUTTERS

STUCCO BODY
ROOF
BRICK

MODERN FARMHOUSE
APR. 18, 2022
#21006C

FONTANA, CA

SOBRATO
SCHEME #9

FASCIA / TRIM

BOARD & BATTEN

SIDING /

GARAGE DOOR

FRONT DOOR /

SHUTTERS

STUCCO BODY
ROOF
BRICK
*COLORS MAY VARY DUE TO SCREEN AND PRINTER
CALIBRATION. REFER TO PAINT CHIPS AND MATERIAL
BOARDS FOR ACTUAL COLORS.

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ATTACHMENT NO.
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7 ATTACHMENT NO.
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7 ATTACHMENT NO.
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7 ATTACHMENT NO.
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7 ATTACHMENT NO.
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7 ATTACHMENT NO.
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7 ATTACHMENT NO.
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7 ATTACHMENT NO. 3
RESOLUTION PC NO. 2022-____

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
FONTANA APPROVING TENTATIVE PARCEL MAP NO. 20485 (TPM NO. 21-026), TENTATIVE TRACT MAP NO. 20511 (TPM NO. 21-010), CONDITIONAL USE PERMIT NO. 21-024 AND DESIGN REVIEW PROJECT NO. 21-049 FOR THE DEVELOPMENT OF 143 CONDOMINIUM UNIT (96 ATTACHED MOTORCOURT UNITS AND 47 DETACHED CLUSTER UNITS) ON A 10.3 ADJUSTED GROSS ACRE SITE 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)
WHEREAS, the City of Fontana received an application on January 4, 2022, for Tentative Parcel Map No. 20485 (TPM No. 21-026) for off-site improvements and dedications, Tentative Tract Map No. 20511 (TTM No. 21-010) to subdivide the project site for the purpose of condominium purposes, Conditional Use Permit (CUP No. 21-024) for purposes of establishing a Planned Unit Development for the residential, and Design Review No. 21-049 for the site and architectural review to construct 143 condominium units; and,
Project Applicant: Lennar Homes of California
980 Montecito Drive, Suite 302
Corona, CA 92879
Project Location: 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) Site Area: 10.3 gross acres
WHEREAS, all of the notices required by statute or the City Municipal Code have been given as required; and
WHEREAS, the subject site includes one (1) parcel that was annexed from San Bernardino County into the City of Fontana on October 8, 1981; and WHEREAS, on June 21, 2022, the Planning Commission received public testimony and considered General Plan No. 21-009, Zone Change No. 21-011, Tentative Tract Map No. 20511 (TTM No. 21-010), Conditional Use Permit (CUP) No. 21-024, and Design Review No. 21-049; 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 an Environmental Impact Report (FEIR) be ATTACHMENT NO.
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prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the Lytle Creek Apartment development; and
WHEREAS, the City prepared and certified the Final Program EIR (FEIR) on January 9, 2006 for the Lytle Creek Apartment project, 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, 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, in connection with the proposed project and the Planning Commission’s review of the Addendum to the Lytle Creek Apartments Environmental Impact Report, the Planning Commission has independently reviewed all the prior environmental documentation prepared for the Sobrato Project, including The Lytle Creek Apartment Project Environmental Impact Report, and has exercised its independent judgment in making the determination 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;
WHEREAS, pursuant to State CEQA Guidelines Section 15164, subdivision (c), the Addendum is not required to be circulated for public review, but can be attached to the FEIR; and
WHEREAS, Tentative Parcel Map No. 20485 (TPM No. 21-026), Tentative Tract Map No. 20511 (TTM No. 21-010), Conditional Use Permit (CUP) No. 21-024, and Design Review (DRP) No. 21-049, are in compliance with the General Plan; 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, 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 ATTACHMENT NO.
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the public hearing was published in the local Sun newspaper on June 10, 2022 posted at City Hall and at the project site; and
WHEREAS, the 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. The City of Fontana Planning Commission hereby makes the following findings for Tentative Parcel Map No. 20485 (TPM No. 21-026) in accordance with Section No. 30 284 “Processing of application,” of the Fontana Subdivision Code:

Finding No. 1: The proposed parcel map is consistent with the City’s General Plan.

Findings of Fact: This Tentative Parcel Map No. 20485 is consistent with the General Plan Land Use Designation for the project site, which is Multi-Family Residential (R-MF). The R-MF designation is intended to accommodate multi-family developments, from duplexes and townhouses to condos and rental apartments. The Tentative Parcel Map establish right-of-way dedications and other improvements associated with the proposed 143 condominium development on the subject site.

Finding No. 2: The design and improvements of the proposed Tentative Parcel Map is consistent with the General Plan.

Findings of Fact: As stated in Finding No. 1, the design of Tentative Parcel Map No. 20485 is to establish right-of-way dedications and other improvements associated the 143 condominium project. The lot size and street configuration conform to the requirements of the Land Use, Zoning, and Urban Design Element, Community Mobility and Circulation Element, Subdivisions (Chapter No. 26) and the Zoning and Development Code (Chapter No. 30), The project includes 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 10.3 acres, is of an adequate size to accommodate the development referenced herein. The existing ATTACHMENT NO.
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topography of the site is less than two percent gradient and development of the site did not require setback variances; therefore, the site is suitable for this type of development.

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. 20485 is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. In addition, the site is neither located in an area identified as sensitive habitat nor is an area that would support sensitive wildlife. The project could not have a significant effect on the environment as a result of project implementation. An Addendum to the Lytle Creek Apartment Environmental Impact Report and Mitigation, Monitoring, and Reporting Program, (MMRP) (State Clearinghouse [SCH] No. 2005021054) has been prepared for this proposed project. The Mitigation, Monitoring, and Reporting Program determined that there are no new additional impacts beyond what was anticipated in the initial Environmental Impact Report.

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

Findings of Fact: Tentative Parcel Map No. 20485 will not cause health problems. The proposed development complies with the Subdivisions (Chapter No. 26), the Zoning and Development Code (Chapter No. 30), and the General Plan. The Improvements include public sewer, public storm drain, streets, 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. 20485 and public improvements will not conflict with access easements acquired by the public. The proposed lot is accessed from Lytle Creek Road and Maloof Avenue (emergency vehicles only), which are publicly maintained streets. Currently there are no other public access easements through or within the proposed project site.

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Section 3. The City of Fontana Planning Commission hereby makes the following findings for Tentative Tract Map No. 20511 (TTM No. 21-010) in accordance with Section 26-55 (e) “Findings for approval of tentative tract map” of the Fontana Subdivision Code:

Finding No. 1: The proposed map is consistent with the City’s General Plan.

Findings of Fact: Tentative Tract Map 20511 is a request to subdivide approximately

10.3 adjusted gross acres for condominium purposes to develop a total of 143 units on. The Multi-Family Residential (R-MF) land use designation in the General Plan allows for the proposed development.

The tentative tract map will comply with the City of Fontana’s Municipal Code, including Chapter 26 (subdivisions) and Chapter 30 (Zoning and Development Code). The tentative tract map is compatible with the surrounding residential land uses. The property has a General Plan Land Use Designation of Multi-Family Residential (R-MF), which allows a density of up to 24 dwelling units per acre. The project is proposed with a density of 13.9 dwelling units per acre. Therefore, the proposed Tentative Tract Map 20511 is consistent with the City’s General Plan.

Finding No. 2: The design and improvements of the proposed subdivision are consistent with the General Plan.

Findings of Fact: The design of the proposed subdivision, as mentioned in Finding No. 1, is consistent with the General Plan. Street improvements including curb, gutter, and sidewalks conform to the requirements of the General Plan, Subdivisions (Chapter 26), the proposed PUD development standards, and the Zoning and Development Code (Chapter 30). This project is required to connect to the City’s sewer system. Additionally, the project has been reviewed by the Engineering Department and San Bernardino County Fire
Department for safety and access.

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

Findings of Fact: The project site, shape, and topography are suitable for the proposed subdivision. The project site is approximately 10.3 gross acres and will accommodate the proposed 143 dwelling units. The Multi-Family Residential (R-3) zoning district allows a density of up to 24.0 dwelling units per acre. The project is proposed with a density of

13.9 dwelling unit per acre, which is below the maximum allowed.

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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 the subdivision and the proposed improvements as described in Finding No. 1 through Finding No. 3 above complies with the City of Fontana’s Municipal Code requirements, PUD development standards, conditions of approval (referenced herein), and will not have any impact on the environment or substantially and avoidably injury to fish, wildlife, or their habitat. Moreover, the site is not located within the boundaries of the potential sensitive habitats and the site is completely surrounded by development. Additionally, an addendum to a previously prepared Environmental Impact Report for the Lytle Creek Apartment project has been prepared and no impact was found to be significant and unavoidable.

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 the subdivision as described in Finding No. 1 through Finding No. 4 above complies with the City of Fontana’s Municipal Code requirements, PUD development standards, and the
improvements associated with the subdivision such as street, curb, gutter, sidewalk are required to be constructed and have been designed as part of this project pursuant to the Zoning and Development Code and the Engineering Department requirements.

Additional improvements such as water and sewer connection will be built pursuant to applicable building, zoning, and fire code standards; therefore, shall promote the public health, safety, and welfare of the surrounding community and will not cause public health problems.

Finding No. 6: The design of the subdivision or the types of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed
subdivision.

Findings of Fact: The design of the subdivision and improvements will not conflict with any access easements acquired by the public. The proposed subdivision will have adequate access from Lytle Creek Road for regular and emergency vehicular traffic and from Maloof Avenue for emergency vehicular traffic only. Currently there are no other existing public access easements through or within the proposed subdivision boundaries.

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Section 4. The City of Fontana Planning Commission hereby makes the following findings for a Conditional Use Permit in accordance with Section 30-150 “Findings for approval of a “conditional use permit” of the Fontana Subdivision Code:

Finding No. 1: The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, Municipal Code, general plan, any applicable specific plan or area plan, and City
regulations/standards.

Findings of Fact: The project site is withing the Multi-Family Residential General Plan Land Use Designation (R-MF) and zoning district (R-3). The applicant is proposing the development of a planned unit development (PUD). The purpose of the PUD is to encourage creative and desirable livable communities that incorporate modern site plan techniques and building grouping and arrangements that would not necessarily be permitted with the strict application of the current Zoning and Development Code. The proposed development is consistent with the vision of the R-MF General Plan Land Use Designation and zoning district and will develop a unique and desirable living environment for future residents.

Finding No. 2: The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.

Findings of Fact: The site is proposed to be built pursuant to all applicable building and fire codes standards, access, and in addition to the Conditions of Approval as referenced herein. The project will have underground utilities, storm drains, sewer, curb, gutter, and sidewalk. Therefore, the site is physical suited for the type, density, and intensity for the proposed Planned Unit Development. The project will meet all the PUD development standards.

Findings No. 3: Granting the permit would not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.

Findings of Fact: The site is proposed to be built pursuant to all applicable building and fire codes standards, access, and in addition to the Conditions of Approval as referenced herein. The project will provide residence an opportunity for a unique and modern living environment. The development is also consistent with the vision of the General Plan and therefore shall promote the public health, safety and welfare of ATTACHMENT NO.
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the surrounding community. Therefore, the site is physical suited for the type, density, and intensity for the proposed use.

Section 5. The City of Fontana Planning Commission hereby makes the following findings for a Planned Unit Development in accordance with Section 30-331 “Findings for approval of a “planned unit development” of the Fontana Subdivision Code:

Finding No. 1: The proposed project conforms to the general plan and is consistent with the purposes and requirements of this
division.

Findings of Fact: The applicant is proposing to construct 143 condominium units and community amenities. The property is located on the north side of Sierra Lakes Parkway and is bound by Lytle Creek Road to the west and Maloof Avenue to the east (APNs: APNs: 1108-052-02, -03, -04, -05, -06, -07, -08, -09, -10, -11, -12, -13, -14, -15, -16, -17) on approximately 10.3 gross acres.

The applicant is proposing a Conditional Use Permit application for the purpose of establishing a Planned Unit Development (PUD). The purpose of a PUD is to encourage creative and desirable livable communities that incorporate modern site plan techniques and building grouping and arrangements that would not necessarily be permitted with the strict application of the current Zoning and Development Code. The proposed development is consistent with the vision of the General Plan to develop a unique and desirable living environment for future residents.

The development consists of a number of amenities including a community pool, barbeque area, lounge area, tot lot, paseos, corn hole area, and other passive and active recreation areas. All of the amenities promote walkability and a sense of community throughout the project site as envisioned in the General Plan.

This project meets the criteria contained in the design review section of the Fontana City Code. The project has high quality architectural design, appropriate screening from the public right-of-way and will be an appropriate and desirable development.

Finding No. 2: The uses within the project are compatible.

Findings of Fact: The proposed project will include 143 detached and attached condominium units as well as community amenities. These uses are compatible and will create a community for residents. Additionally, ATTACHMENT NO.
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this community will be compatible with surrounding land uses in the immediate vicinity.

Finding No. 3: New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of buildings and structures in the surrounding vicinity.

Findings of Fact: The surrounding area is a combination of one (1) and two (2) story single-family dwellings and vacant land. The proposed detached cluster units are positioned on the northern portion of the site and will be visible from Sierra Lakes Parkway. These units will be two (2) stories and will be similar in appearance to the single-family dwellings to the west of the project site. The proposed attached motorcourt units will be on the southern portion of the site and while different in bulk than a single-family dwelling, the scale and mass will be compatible with the residential uses in the vicinity.

Finding No. 4: The project is consistent with any adopted design guidelines applicable to the project area.

Findings of Fact: The purpose of a PUD is to encourage creative and desirable livable communities that incorporate modern site plan techniques and building grouping and arrangements that would not necessarily be permitted with the strict application of the current Zoning and Development Code. As described, this project meets the criteria contained in the design review section of the Fontana City Code.

The project has high quality architectural design as referenced in Finding No. 1, appropriate screening from the public right-of-way and will be an appropriate and desirable development.

The development will also consist of a number of amenities including a large open space, tot-lots, barbecue islands, picnic tables, community gardens, and other amenities that are desirable to the community. All of the amenities promote walkability and community throughout the project site.

Finding No. 5: The overall project reflects a high level of development and design quality that will enhance and benefit the City as a whole.

Findings of Fact: The architectural themes for the project include Progressive Traditional, Modern Farmhouse, Progressive Prairie, Urban Farmhouse and Prairie Modern. Each style will reflect light earth tone warm-colors (i.e. brown, tan, beige, etc.). Architectural relief utilized for the proposed homes consists of stone cladding, brick, decorative window treatments and trim, varied roof lines, architectural “popouts,” banding, porches, and other features appropriate to each ATTACHMENT NO.
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theme. The use of a variety of colors and decorative shutters of a contrasting color will further add architectural diversity to each plan.

All units are designed with concrete tile roofing material coordinated to match the color scheme of each elevation.

Finding No. 6: The proposed project will be served by adequate water, sewer, public utilities and services, and will have adequate vehicular and pedestrian access to ensure that it will not be detrimental to the public health, safety, or welfare.

Findings of Fact: The proposed project will be adequately served by all utilities and service and will be connected to sewer. The entire project was designed to be a walkable community and a place for residents to gather and build community. The proposed project site will have Lytle Creek Road.

The site is proposed to be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. The project will provide residence an opportunity for a unique and modern living environment. The development is also consistent with the vision of the General Plan and shall promote the public health, safety and welfare of the surrounding community.

Section 6. The City of Fontana Planning Commission hereby makes the following findings for Design Review No. 21-049 in accordance with Section 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: This proposal is consistent with the general plan, Zoning and Development Code and any applicable specific plan.

Findings of Fact: The project will comply with the City of Fontana’s General Plan. The site is compatible with the surrounding residential land uses to be developed in the future. The project site has a Multi-Family Residential General Plan Land Use Designation (R-MF) and zoning designation (R-3). The R-3 Land Use designation allows a density of up to 24 dwelling units per acre. The project is proposed with a density of 13.9 dwelling units per acre which is below the maximum allowable density.

Finding No. 2: This proposal meets or exceeds the criteria contained in Section 30-120 and will result in an appropriate, safe and desirable development promoting the public, health, safety, and welfare of the community.

Findings of Fact: The project site is located on the north side of Sierra Lakes Parkway and is bound by Lytle Creek Road to the west and Maloof Avenue to ATTACHMENT NO.
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the east (APNs: 1108-052-02, -03, -04, -05, -06, -07, -08, -09, -10, - 11, -12, -13, -14, -15, -16, -17) and is approximately 10.3 gross acres. The applicant is proposing construct 143 multi-family dwelling units as well as several amenities, such as a community pool, barbecue islands, picnic areas, seating areas, tot-lots, cornhole area, and other passive and active recreational opportunities on the project site.

The architectural theme for the condominium units is described as Progressive Traditional, Modern Farmhouse, Progressive Prairie, Urban Farmhouse and Prairie Modern. Architectural relief utilized for the proposed homes consists of stone cladding, decorative window treatments and trim, varied roof lines, architectural “pop-outs,” banding, porches, and other features appropriate to each theme. The use of a variety of colors and decorative shutters of a contrasting color will further add architectural diversity to each plan. All units are designed with concrete tile roofing material coordinated to match the color scheme of each elevation. As described this project meets the criteria contained in the design review section of the Fontana City Code. The project has high quality architectural design, appropriate screening from the public right-of-way and will be an appropriate and desirable development.

The units will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. The project will provide residence an opportunity for a unique and modern living environment. The development is also consistent with the vision of the General Plan and therefore shall promote the public health, safety and welfare of the surrounding community.

Finding No. 3: The proposal in its design and appearance is aesthetically and architecturally pleasing while enhancing the character of the surrounding neighborhood.

Findings of Fact: The proposal as indicated in Finding No. 1 has been designed to enhance and compliment the surrounding neighborhood. The architectural theme for the motorcourt units is described as Progressive Traditional, Modern Farmhouse, and Progressive Prairie, Urban Farmhouse and Modern Prairie. Architectural relief utilized for the proposed homes consists of stone veneer, decorative window treatments, varied roof lines, architectural “pop-outs,” banding, porches, and other features appropriate to each theme. The use of a variety of colors and decorative shutters of a contrasting color will further add architectural diversity to each plan. All units are ATTACHMENT NO.
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designed with concrete tile roofing material coordinated to match the color scheme of each elevation.

Finding No. 4: The site improvements (building, parking, circulation, site and building lighting, and on-site landscaping) are appropriate and will result in a safe, well-designed facility.

Findings of Fact: The site improvements have been reviewed by the Fire, Engineering and Planning Departments. During the project review process, changes were made to the plans to ensure that the project is a welldesigned project. Improvements with the project include street widening, sidewalks, curb and gutter, drainage, and grading.

Additionally, the proposed improvements will be sufficient to accommodate the project and will include improvements along the street frontages on Sierra Lakes Parkway, Lytle Creek Road and Maloof Avenue. Street lighting and on-site lighting have been included to provide ample visibility at night. Landscaping has been incorporated to create an attractive atmosphere along adjacent parcels.

Section 7. Based on the foregoing, the City of Fontana Planning Commission does determine as follows:

1. That the Addendum to the Lytle Creek Apartments Environmental Impact Report was prepared in compliance with the requirements of the California Environmental Quality Act and the State and City of Fontana 2019 Local Guidelines for Implementing the California Environmental Quality Act.

2. That based upon the evidence submitted and as demonstrated by the analysis included in the Addendum to the Lytle Creek Apartment Project Environmental Impact Report, none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred; specifically:
a. There have not been any substantial changes from the Lytle Creek Apartment Project to the Sobrato Project that require major revisions of the previous EIR because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
b. There have not been any substantial changes with respect to the circumstances under which the Sobrato Project is
undertaken that require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
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c. There is no new information of substantial importance, which was not known and could not have been known with the
exercise of reasonable diligence at the time the previous EIR was certified as complete, that shows any of the following: (a) the project will have one or more significant effects not discussed in the previous EIR; (b) significant effects
previously examined will be substantially more severe than shown in the previous EIR; (c) mitigation measures or
alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Section 8. Based on the foregoing, the City of Fontana Planning Commission hereby adopts a resolution approving Tentative Parcel Map No. 20485 (TPM No. 21-026), Tentative Tract Map No. 20511 (TTM No. 21-010), Conditional Use Permit (CUP) No. 21- 024, Design Review No. 21-049, subject to the findings as indicated herein and the Conditions of Approval have been prepared and are attached here to as Exhibit “A” through Exhibit “C”.

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 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.

City of Fontana
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Cathline Fort, Chairperson
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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:
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Idilio Sanchez, Secretary
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