CITY OF FONTANA REGULAR PLANNING COMMISSION MEETING September 5, 2017 Grover W. Taylor Council Chambers 8353 Sierra Ave Fontana, CA :00 PM

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1 Resolution PC No CITY OF FONTANA REGULAR PLANNING COMMISSION MEETING September 5, 2017 Grover W. Taylor Council Chambers 8353 Sierra Ave Fontana, CA :00 PM Welcome to the meeting of the City of Fontana Planning Commission. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers Fontana, CA To address the Planning Commission, please fill out a card located at the entrance to the left indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the Planning Commission Secretary. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act, the Grover W. Taylor Council Chambers Fontana, CA is wheel chair accessible and a portable microphone is available. Traduccion en Espanol disponible a peticion. Favor de notificar al Departamento "City Clerk". Para mayor informacion, favor de marcar el numero CALL TO ORDER/ROLL CALL: A. Call To Order/Roll Call: INVOCATION/PLEDGE OF ALLEGIANCE: A. Invocation/Pledge of Allegiance: PUBLIC COMMUNICATIONS: This is an opportunity for citizens to speak to the Planning Commission for up to five minutes on items not on the Agenda, but within the Planning Commission's jurisdiction. The Planning Commission is prohibited by law from discussing or taking immediate action on non-agendized items. A. Public Communications: Page 1 of 128

2 CONSENT CALENDAR: All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below - there will be no separate discussion on these items prior to the time Planning Commission votes on them, unless a member of the Planning Commission requests a specific item be removed from the Consent Calendar for discussion. Does any member of the public wish to address the Planning Commission regarding any item on the Consent Calendar before the vote is taken? A. Approval of Minutes: Approve the Regular Planning Commission Meeting Minutes of August 15, Approve Consent Calendar Items as recommended by staff. PUBLIC HEARINGS: To speak on Public Hearing Items, fill out a card at the microphone stand indicating favor or opposition and give it to the Planning Commission Clerk. Each person will be allowed five minutes to address the Planning Commission. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, the Public Hearing. All Public Hearings will be conducted following this format: (a) hearing opened (e) oral - favor (b) written communication (f) oral - opposition (c) council/staff comments (g) hearing closed (d) applicant comments (applicant not limited to 5 minutes) A. Master Case No ; Tentative Tract Map No (TPM No ); Conditional Use Permit No ; Conditional Use Permit No ; Administrative Site Plan No Tentative Parcel Map is a request to subdivide an existing lot into two new parcels with one (1) building on each new parcel; Conditional Use Permit No is a request for the use of truck sales with minor repair on Lot No. 1; Conditional Use Permit No is a request for the use of tractor truck repair and body repair with minor truck sales on Lot No. 2; and Administrative Site Plan is a request for site and architectural review of two proposed buildings totaling approximately 10,000 square feet. (Continued from August 15, 2017) Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution No. PC 2017-, and; 1. Determine that this project qualifies for a Categorical Exemption pursuant to Page 2 of 128

3 Section No (Class No. 32 In-Fill Development Projects) of the California Environmental Quality Act (CEQA) and direct staff to file a notice of exemption; and 2. Approve Tentative Parcel Map No (TPM No ); and 3. Approve Conditional Use Permit ; and 4. Approve Conditional Use Permit , and 5. Approve Administrative Site Plan No APPLICANT: Marc Lebanoff Slover and Oleander, LLC Irvine Boulevard Tustin, CA LOCATION: The project site is located on the northeast corner of Oleander Avenue and Slover Avenue (APN: ). REQUEST: Tentative Parcel Map No (TPM No ) is a request to subdivide an existing lot into two new parcels with one (1) building on each new parcel. Each parcel will have access from Oleander Avenue and Slover Avenue. The lot is approximately 2.08 acres and is located on the northeast corner of Oleander Avenue and Slover Avenue. Conditional Use Permit No is a request for the use of truck sales with minor repair on Lot No. 1. Conditional Use Permit No is a request for the use of tractor truck repair and body repair with minor truck sales on Lot No. 2. Administrative Site Plan No is a request for site and architectural review of two proposed buildings totaling approximately 10,000 square feet. PROJECT PLANNER: Ivan Galeazzi Assistant Planner B. Master Case No ; Tentative Tract Map No (TTM# EX) - A request for a two-year time extension for Tentative Tract Map No (TTM# EX) for a subdivision of fifteen (15) single-family lots ranging in size from 6,696 square feet to 12,511 square feet, with an average lot size of 8,280 square feet. Based on the information contained within this staff report, and subject to the attached Findings and Conditions of Approval and original Conditions of Approval, staff recommends that the Planning Commission adopt Resolution No. PC 2017 and; Page 3 of 128

4 1. Determine that the project is Categorically Exempt pursuant to Section No (Class No. 32, In-Fill Development Project) of the CEQA, and direct staff to file a Notice of Exemption; and, 2. Approve the two-year Time Extension for Tentative Tract Map No (TTM04-019EX), extending the expiration date to September 12, APPLICANT: Leping Huang P & E Land, LLC 650 Camino Del Gloria Walnut, CA LOCATION: The project site is a rectangularly-shaped property consisting of three parcels (APN s , and ) of approximately 3.56 adjusted gross acres located on the southeast corner of Palmetto Avenue and Elaine Drive. REQUEST: A request for a two-year time extension for Tentative Tract Map No (TTM04-019EX) for a subdivision of fifteen (15) single-family lots ranging in size from 6,696 square feet to 12,511 square feet, with an average lot size of 8,280 square feet. PROJECT PLANNER: Brett Hamilton Assistant Planner C. Master Case No ; Design Review No ; Variance No Design Review is a request to construct 136 multi-family units including a clubhouse of approximately 2,108 square feet; the Variance is a request to reduce the building and parking setbacks along the street frontages and the easterly southerly property lines, along with a variation in the type of parking space. 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 PC Resolution No. PC 2017-, and: 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program (MMRP) and direct staff to file a Notice of Determination; and, 2. Approve Design Review No and Variance No APPLICANT: Paul Conzelman SC Development Von Karman Avenue Irvine, CA LOCATION: The project site is located on the southeast corner of Foothill Boulevard and Live Oak Page 4 of 128

5 Avenue. The site is further identified as 8155 Live Oak Avenue (APN: ). REQUEST: Design Review No is a request to construct 136 multi-family units including a clubhouse of approximately 2,108 square feet. Variance No is a request to reduce the building and parking setbacks along the street frontages and the easterly southerly property lines, along with a variation in the type of parking space. PROJECT PLANNER: DiTanyon Johnson Senior Planner NEW BUSINESS: A. None DIRECTOR COMMUNICATIONS: A. National Community Planning Month Update B. General Plan Update C. Director Communications: Upcoming cases scheduled for City Council and Planning Commission. An update of future City Council agenda items for September 12, 2017, September 26, 2017, October 10, 2017, and October 24, 2017 for the Planning Commission's information. An update of future Planning Commission agenda items for September 12, 2017, September 19, 2017, and October 3, 2017 for the Planning Commission's information. COMMISSION COMMENTS: A. Planning Commission Remarks: WORKSHOP: A. El Paseo Planned Unit Development (Griffin Project). ADJOURNMENT: A. Adjourn to a Joint City Council and Planning Commission Workshop on September 12, 2017 at 5:30 p.m., then to the Regular Planning Commission Meeting on Tuesday, September 19, 2017 at 6:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Page 5 of 128

6 Regular Planning Commission Meeting Minutes August 15, 2017 MINUTES OF THE CITY OF FONTANA REGULAR PLANNING COMMISSION MEETING August 15, 2017 Grover W. Taylor Council Chambers CALL TO ORDER/ROLL CALL: A. Call To Order/Roll Call: A regular meeting of the City of Fontana Planning Commission was held on Tuesday, August 15, 2017, in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Chairperson Meyer called the meeting to order at 6:01 p.m. Present: Chairperson Meyer, Vice Chairperson Quiroga, Secretary Sanchez, Commissioner Fort, and Commissioner Vasquez Absent: None Also Present: Attorney Marco Martinez; Director of Community Development Zai AbuBakar; Planning Manager Orlando Hernandez; Assistant Planner Ivan Galeazzi; Senior Planner Paul Gonzales; Associate Planner Dawn Rowe, Planning Intern Alexia Delatorre; Fire Marshall Brian Headley; City Clerk Tonia Lewis; and Planning Commission Secretary Ysela Aguirre. INVOCATION/PLEDGE OF ALLEGIANCE: A. Invocation/Pledge of Allegiance: Following the Invocation given by Commissioner Fort, the Pledge of Allegiance was led by Commissioner Sanchez. PUBLIC COMMUNICATIONS: A. Public Communications: None. CONSENT CALENDAR: A. Approval of Minutes: Approve the Regular Planning Commission Meeting Minutes of August 1, ACTION: A motion was made by Commissioner Fort and seconded by Commissioner Page 1 of 5 Page 6 of 128

7 Sanchez to approve the Minutes of the August 1, 2017 with changes provided by Chairperson Meyer to Public Hearing Item A to state seven (7) days not five (5) days; Public Hearing Item C to state three (3) buildings, not three (3) projects; and under Director s Comments to state training at tonight s workshop, not August 15, 2017, Planning Commission Meeting. Motion passed by a vote of 5-0. (AYES: Meyer, Quiroga, Sanchez, Fort, and Vasquez: NOES: None.) PUBLIC HEARINGS: A. Master Case No ; Tentative Tract Map No (TPM No ); Conditional Use Permit No ; Conditional Use Permit No ; Administrative Site Plan No Tentative Parcel Map is a request to subdivide an existing lot into two new parcels with one (1) building on each new parcel; Conditional Use Permit No is a request for the use of truck sales with minor repair on Lot No. 1; Conditional Use Permit No is a request for the use of truck repair and auto body repair with minor truck sales on Lot No. 2; and Administrative Site Plan is a request for site and architectural review of two proposed buildings totaling approximately 10,000 square feet. Assistant Planner Ivan Galeazzi provided the staff report. Staff shared corrected information on findings in the staff report. Staff received a call from a resident with questions on how the project would affect them. Discussion was held on the street improvements; and staff indicated that all Engineering Department requirements have been met. Fire Marshall Brian Headley spoke on the fire lanes and entrance and exit to the project. Discussion was held on striking Condition No. 15 regarding the septic tank. The Public Hearing was opened. Greg Tonkinson spoke on trying to do something similar to this project but being unable to do so. Speaking for the applicant, Marc Lebanoff, shared the details of the project; and stated that it will not be dominated by trucking. Discussion was held on this project having been previously approved but not built. Discussion was held on the applicant s plans with the property; he plans to keep it. Discussion was held on not allowing the project to become a storage area. The applicant has read, understands and agrees to the conditions of approval. Discussion was held on the size of the lots, the tenants, and the purpose of the division of the lots. Page 2 of 5 Regular Planning Commission Meeting Minutes August 15, 2017 Page 7 of 128

8 Planning Manager Hernandez noted that this project was similar to another project that was recently approved. Frank Ellis spoke neither in favor nor opposition; but is concerned with existing traffic and traffic being created because of this project. The Public Hearing was closed. Discussion was held on circulation meeting the standard requirement. Staff was directed to meet with speaker, Frank Ellis, regarding his traffic concerns. Discussion was held on where the trucks and tractors for sale would be located. Discussion was held on hand buffing washing/cleaning the only type of washing allowed. Any type of chemical or body work would have to be inside an approved facility. Discussion was held on hazardous materials; Chief Headly shared that there are already conditions in place. Discussion was held on adding a condition to prohibit storage. Discussion was held on the egress of the property and street improvements. Vice Chairperson Quiroga spoke on staying consistent with other decisions made; but he does not want to approve something that someone else was not allowed to do. Chairperson Meyer spoke on the project before the Planning Commission tonight and the Commissioners only able to decide and vote on that project. Staff will speak with Mr. Greg Tonkinson and provide a verbal report at the next meeting. ACTION: A motion was made by Commissioner Fort and seconded by Commissioner Meyer to accept staff s recommendation with additional changes and deletions as discussed. Motion failed by a vote of 2-3 with Commissioners Vasquez, Sanchez, and Quiroga voting No. (AYES: Meyer; Fort: NOES: Vasquez, Sanchez, and Quiroga) Due to the failed motion to approve the project, Attorney Martinez provided some examples of the alternative actions on this project. The Public Hearing was reopened. Direction AbuBakar indicated that staff will work with the applicant to address the Commission s concerns. The applicant indicated that he would work with staff on the Commission s concerns. ACTION: A motion was made by Commissioner Sanchez and seconded by Commissioner Quiroga to continue this item to the September 5, 2017, Regular Planning Page 3 of 5 Regular Planning Commission Meeting Minutes August 15, 2017 Page 8 of 128

9 Commission meeting. Motion passed by a vote of 3-2 with Commissioners Vasquez and Fort opposing. (AYES: Meyer, Quiroga, Sanchez: NOES: Vasquez; and Fort) NEW BUSINESS: A. None DIRECTOR COMMUNICATIONS: A. Director Communications: The Planning Commission reviewed an update of future City Council agenda items for the August 22, 2017, September 12, 2017, and September 26, 2017, City Council Meetings for the Planning Commission's information. The Planning Commission reviewed an update of future Planning Commission agenda items for the September 5, 2017, September 12, 2017, and September 19, 2017, Planning Commission Meetings for the Planning Commission's information. Director AbuBakar introduced Planning Intern, Alexia Delatorre. Director AbuBakar provided an update on the broken curb that was mentioned by Commissioner Vasquez at the public hearing for the monument sign at Jasmine Street. The damaged curb has been reported to Public Works and they are working on fixing it. COMMISSION COMMENTS: A. Planning Commission Remarks: Secretary Sanchez spoke on the difficulty on making decisions for what is right for the City of Fontana. Secretary Sanchez congratulated his son for being sworn in to the San Bernardino Police Department. Secretary Sanchez congratulated her daughter on her trip provided by her employer. Secretary Sanchez spoke on being honored to be serving on the Planning Commission. Commissioner Fort spoke on having the honor and privilege to serve and is grateful for the opportunity to do so. Commissioner Vasquez spoke on serving the City of Fontana. Vice Chairperson Quiroga thanked his fellow Commissioners for caring for what they do. Vice Chairperson Quiroga greeted his students and he is happy to be at his school. Page 4 of 5 Regular Planning Commission Meeting Minutes August 15, 2017 Page 9 of 128

10 Vice Chairperson Quiroga spoke on his daughter starting t-ball tonight. Chairperson Meyer reminded everyone that school is now in session so be careful out there. Chairperson Meyer wished everyone a safe and healthy end of summer and Labor Day weekend. WORKSHOP: Training on Findings for Approval or Denial for a Project. ADJOURNMENT: By consensus, the Planning Commission adjourned at 7:18 p.m. to the Workshop and Regular Planning Commission Meeting on Tuesday, September 5, 2017 at 6:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Ysela Aguirre Commission Secretary THE FOREGOING MINUTES WERE APPROVED BY THE PLANNING COMMISSION ON THE 5th DAY OF SEPTEMBER, Larry Meyer Chairperson Page 5 of 5 Regular Planning Commission Meeting Minutes August 15, 2017 Page 10 of 128

11 ACTION REPORT September 5, 2017 FROM: Community Development Department SUBJECT: Master Case No ; Tentative Tract Map No (TPM No ); Conditional Use Permit No ; Conditional Use Permit No ; Administrative Site Plan No Tentative Parcel Map is a request to subdivide an existing lot into two new parcels with one (1) building on each new parcel; Conditional Use Permit No is a request for the use of truck sales with minor repair on Lot No. 1; Conditional Use Permit No is a request for the use of tractor truck repair and body repair with minor truck sales on Lot No. 2; and Administrative Site Plan is a request for site and architectural review of two proposed buildings totaling approximately 10,000 square feet. (Continued from August 15, 2017) RECOMMENDATION: Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution No. PC 2017-, and; 1. Determine that this project qualifies for a Categorical Exemption pursuant to Section No (Class No. 32 In-Fill Development Projects) of the California Environmental Quality Act (CEQA) and direct staff to file a notice of exemption; and 2. Approve Tentative Parcel Map No (TPM No ); and 3. Approve Conditional Use Permit ; and 4. Approve Conditional Use Permit , and 5. Approve Administrative Site Plan No APPLICANT: Marc Lebanoff Slover and Oleander, LLC Irvine Boulevard Tustin, CA LOCATION: The project site is located on the northeast corner of Oleander Avenue and Slover Avenue (APN: ). REQUEST: Tentative Parcel Map No (TPM No ) is a request to subdivide an Page 11 of 128

12 existing lot into two new parcels with one (1) building on each new parcel. Each parcel will have access from Oleander Avenue and Slover Avenue. The lot is approximately 2.08 acres and is located on the northeast corner of Oleander Avenue and Slover Avenue. Conditional Use Permit No is a request for the use of truck sales with minor repair on Lot No. 1. Conditional Use Permit No is a request for the use of tractor truck repair and body repair with minor truck sales on Lot No. 2. Administrative Site Plan No is a request for site and architectural review of two proposed buildings totaling approximately 10,000 square feet. PROJECT PLANNER: Ivan Galeazzi Assistant Planner DISCUSSION: See attached staff report for additional information. FISCAL IMPACT: None. MOTION: Approve staff recommendation. APPROVED BY: ATTACHMENTS: Description: Staff Report and Attachments 1-9 Type: Backup Material ITEM: PH-A Page 12 of 128

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54 ACTION REPORT September 5, 2017 FROM: Community Development Department SUBJECT: Master Case No ; Tentative Tract Map No (TTM# EX) - A request for a two-year time extension for Tentative Tract Map No (TTM# EX) for a subdivision of fifteen (15) single-family lots ranging in size from 6,696 square feet to 12,511 square feet, with an average lot size of 8,280 square feet. RECOMMENDATION: Based on the information contained within this staff report, and subject to the attached Findings and Conditions of Approval and original Conditions of Approval, staff recommends that the Planning Commission adopt Resolution No. PC 2017 and; 1. Determine that the project is Categorically Exempt pursuant to Section No (Class No. 32, In-Fill Development Project) of the CEQA, and direct staff to file a Notice of Exemption; and, 2. Approve the two-year Time Extension for Tentative Tract Map No (TTM04-019EX), extending the expiration date to September 12, APPLICANT: Leping Huang P & E Land, LLC 650 Camino Del Gloria Walnut, CA LOCATION: The project site is a rectangularly-shaped property consisting of three parcels (APN s , and ) of approximately 3.56 adjusted gross acres located on the southeast corner of Palmetto Avenue and Elaine Drive. REQUEST: A request for a two-year time extension for Tentative Tract Map No (TTM04-019EX) for a subdivision of fifteen (15) single-family lots ranging in size from 6,696 square feet to 12,511 square feet, with an average lot size of 8,280 square feet. PROJECT PLANNER: Brett Hamilton Assistant Planner Page 54 of 128

55 DISCUSSION: See attached staff report for additional information. FISCAL IMPACT: None. MOTION: Approve staff recommendation. APPROVED BY: ATTACHMENTS: Description: Staff Report and Attachments 1-7 Type: Backup Material ITEM: PH-B Page 55 of 128

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92 ACTION REPORT September 5, 2017 FROM: Community Development Department SUBJECT: Master Case No ; Design Review No ; Variance No Design Review is a request to construct 136 multi-family units including a clubhouse of approximately 2,108 square feet; the Variance is a request to reduce the building and parking setbacks along the street frontages and the easterly southerly property lines, along with a variation in the type of parking space. 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 PC Resolution No. PC 2017-, and: 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program (MMRP) and direct staff to file a Notice of Determination; and, 2. Approve Design Review No and Variance No APPLICANT: Paul Conzelman SC Development Von Karman Avenue Irvine, CA LOCATION: The project site is located on the southeast corner of Foothill Boulevard and Live Oak Avenue. The site is further identified as 8155 Live Oak Avenue (APN: ). REQUEST: Design Review No is a request to construct 136 multi-family units including a clubhouse of approximately 2,108 square feet. Variance No is a request to reduce the building and parking setbacks along the street frontages and the easterly southerly property lines, along with a variation in the type of parking space. PROJECT PLANNER: DiTanyon Johnson Senior Planner Page 92 of 128

93 DISCUSSION: See attached staff report for additional information. FISCAL IMPACT: None. MOTION: Approve staff recommendation. APPROVED BY: ATTACHMENTS: Description: Staff Report and Attachments 1-6 Type: Backup Material ITEM: PH-C Page 93 of 128

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