1908 City of Fowler 128'S.5th Street Fowler, California 93625 AGENDA January 7,2021 6:30P.M.  FOWLER PLANNING COMMISSION MEETING  This meeting will be conducted pursuant to the previsions of Paragraph 11 of the Governor's) Executive Order N-25-20 which suspends certain requirements of the Ralphl M. Brown Act, and as a response to mitigating the spread of COVID-19, the meeting will not be open to the public. The telephone number Please note: when joining the meeting you willl be asked your name which willl be used to identify you  listed below will provide access to the City Council meeting via teleconference.  during any public comment period. Telephone Number: 978-990-5175  Meeting ID:  494026#  Itis requested that any member of the public attending while on the teleconference to have his/her/their phone set on "mute" to eliminate background noise or other interference from telephonic participation.  1. 2. 3. 4.  Meeting Called to Order Roll Call  Swearing-In of newly appointed Commissioner, Brian Hammer and reappointed  Commissioners Kandarian and Mellon Reorganization of Planning Commission  Chairman Vice Chairman  5.  Public Presentation - (This portion of the meeting reserved for persons desiring to address the Commission on any matter not on this agenda. Presentations are limited to five minutes per  person and no more than 15 minutes per topic). Approval of minutes for October 1, 2020 meeting.  6. 7.  Public Hearing to Consider Zoning Ordinance Amendment (Rezone). Application No. 20-01 and Site Plan Review Application No. 20-08, filed by Ray Duran, to rezone a 14,000 square foot lot from R-1-5 to RM-2-A, at 704 East Main Street (APN: 343-110-13) Consider Adoption of Resolution No. 654 Resolution recommending approval of Zoning Ordinance Amendment Application No. 20-01, before the Planning Commission of the City Consider Adoption of Resolution No. 655 Resolution recommending approval of Sitel Plan Review 20-08, before the Planning Commission of the City of Fowler, County of Fresno,  of Fowler, County of Fresno, State of California.  State of California.    8. 9.  Communication Adjournment Next Resolution No.: 656  CERTIFICATION: I,Sennaida Zavala, Planning Secretary for the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on, Monday, January 04, 2021.  Sennaida Zavala Planning Secretary  Suagus    MINUTES OF THE FOWLER CITY PLANNING COMMISSION MEETING  October 1, 2020  Chairman Mellon called the meeting to order at 6:30 p.m. Roll call was taken.  Commissioners Present: Commissioners Absent: City Staff Present:  Mellon, Mejia, Fernandez, Kandarian, Mukai  None  City Manager Davis, City Attorney Cross, Police Chief Alcaraz (Via Teleconference), Planning Consultant Marple, City Engineer Peters (Via Teleconference),  Planning Secretary Zavala  AGENDA ITEM NO.3  APPROVAL OF MINUTES FOR September 3, 2020  Commissioner Kandarian made a motion to approve the minutes for September 3, 2020, seconded by Commissioner Mukai. Motion carried. Ayes: Mellon, Mejia, Fernandez, Kandarian, Mukai. Noes: Public hearing to consider Conditional Use Permit No. 19-02, filed by Bob and Gloria Bajwa and Bhupinder Singh, to construct a 30-room, two-story motel and a 1,500 square foot Ms. Marple presented the project. The project is zones C-2 and within the highway beautification overlay zone district. The general plan has planned for the site to be used as Community Commercial Land Uses. The lot is currently vacant. Access to the site has been reviewed by City Engineers, City Public Works, and Fire Department and has been deemed adequate as long as no parking is enforced to ensure emergency access. The Design Committee has required a higher quality esthetics and has ensured them in conditions 17-24. Staff recommends the approval subject Commission shared concerns for Tuolumne and the alleyway connected to the parcel and vacant houses on the Tuolumne. City engineer Peters, present via teleconference, confirmed that the alleyway and street will remain as is due to it meeting City Standards. Commission also had some concern for previous land use, and the parcel possibly being contaminated. Staff advised commission that they had no knowledge of prior contamination, but the building department has a requirement for Geotechnical Analysis which will indicate for any contamination concerns. Commission also shared concerns for the designs, and the elevation of the proposed project. Mr. Bajwa, project applicant, added that the project proposed is similar to design as his other motel Ms. Moreno, Fowler Resident, shared concern for another hotel/motel going in and the traffic and Commissioner Mukai made a motion to table the item until the applicant can demonstrate what esthetic qualities the building has, further idea of the design of project, and full details of the proposed projects in terms of style, name, etc.; motion Seconded by Vice Chair Mejia. Motion carried by unanimous vote. Ayes: Mellon, Mejia, Fernandez, Kandarian, Mukai. Noes: None.  None.  AGENDA ITEM NO.5  residence, at 312 West Tuolumne Street (APN: 343-110-13)  tot the conditions of approval.  Public Presentation in Corcoran, CA.  littering the proposed project may bring.    AGENDA ITEM NO6 Communication  Ms. Marple noted that the CUP Revocation fort the used car lot on Adams has begun. Tenants were sent a 60 notice and had tol be vacated by the 18" of September. Due to that not being done, the Commissioner Kandarian Made al Motion to adjourn, seconded by Commissioner Mukai. Motion  Building Official, Mr. Baxa, has cited them daily.  carried by a unanimous voice vote and meeting was adjourned at 7:12 PM.    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  California  STAFF REPORT  TO: FROM: DATE:  Cily ofFowler Planning Commission Dawn E. Marple, Cily Planner January7,2021  SUBJECT: Public Hearing to Consider Zoning Ordinance. Amendment (Rezone). Application No. 20-01  and Site Plan Review Application No. 20-08, filed by Ray Duran, to rezone a 14,000 square footl lotfrom R-1-5to RM-2-A, at 7041 East Main Sheef/AP:343-10-13  Recommendation  Staff recommends that the Planning Commission recommend that City Council approve Rezone Application No. 20-01 and Site Plan Review Application No. 20-08, including the aftached  resolutions.  II. Background & Project Description  The subject parcel is currently zoned R-1-5 (One-Family Residential Districts, Minimum 5,000: square foot lot), and is planned for Medium Density Residential land uses by the City of Fowler General Plan. The site, approximately 0.32 acres, is located oni the north corner of East Main and South 1st Streets (APN 343-110-13) across from Fowler High School. Duplexes are the only multifamily use allowed in the R-1-5z zone district, subject to the approval of a Conditional Use Permit. Multifamily dwellings are a permitted use in the RM-2-A zone district pursuant to Section 9-5.803 of the Fowler The subject parcel currently has al legal nonconforming multifamily use. Research shows that the property hasreceived: several building permits allowing the creation and maintenance of dwelling units on the property. There appear tol bei four (4) dwelling units currently oni the property, whereas the City only has record of three (3) ever being permitted. The applicant requested a Rezone to the RM-2-A: zone district, which would allow for the additional unit, as well as the propertyi inwhole, to come into conformance. The General Plan Land Use Designation of Medium Density Residential allows densities upi to 13.5 dwelling units per acre, or one dwelling unit per 3,226 square feet of land area. The RM-2-A zone district allows upi to one per 3,500 square feet of land area, for amaximum density of 12.4 dwelling units per acre. Since the property is 14,000: square feet in size, this would allow for exactly four (4) multifamily dwelling units. Therefore, approval of the Rezone would resolve the nonconformities with the property and allow the property owner to move Figure lis an aerial photograph of the site. Figure 2 depicts the aerial vicinity of the site; Figure 3is the General Plan map and Figure 4is the zoning map. The site is located in Fowler's R-1-5 Zone District, surrounded by R-1-5 to the north, RM-2 (Multi-Family Residential Districts, minimum 3,000 square feet per dwelling unit) to the west, and RCO (Resource Conservation, Public Use, and  Zoning Ordinance.  forward with improvements on the 4th unit.  Open Space District) to the east.    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT Thei tablel below describes the existing and proposed development standards of the zone districts,  California  STAFF REPORT  juxtaposed with the overall proposed development.  Comparison of Development Standards  R-1-5 District 5,000 40% 35f feet, or 2 stories Two (2) stalls, one (1) covered 20' 10' 5' 8' 55' 90' N/A primary per lot  RM-2-A District N/A 55% 35 feet 3+ BR Units: 2 stalls 0-2 BR Units: 1.5stalls 15' 10' 5' 10' 50' 100' 10%  Minimum Lot Area Maximum Lot Coverage Maximum Height Minimum Parking Minimum Yards Front Rear Interior Side Corner Side Minimum Lot Dimensions Width Depth Minimum Open Space Maximum Dwelling Units  Duplexes allowed with CUP 1per 3,500: square feet  Afterreview of the Site Ploninaccordoncewitn the RM-2-A: zone district, the property as-is appears tol bei in conformance with the RM-2-A zone district property development standards. The Rezone Additionally, the applicant has submitted a non-discretionary application which is nowi inj process to allow for the construction of two (2) detached Accessory Dwelling Units (ADUs). Due to the language of the State ADU law, the City cannot require the correction of nonconforming zoning conditions. Therefore, since the property currently possesses legal non-conforming multifamily dwelling structures, the propertyi is allowed two (2) detached ADUS. The Cityisre requiredto approve the ADU applicationift the ADU proposal conforms to applicable zoningstandards. On-site parking would be required of the approval. Approval or denial of the Rezone would not affect the development of the. ADUS. ADUS are deemed by State Law tol be consistent with the General Plan. Fowler Municipal Code Section9-5.420, Amendment of Zoning Map, allows the official zoningmap to be amended whenever necessary or convenient to the public health, safety and general welfare. The proposed Rezone would alleviate legal non-conforming use, would be convenient tot the public health, safety and general welfare asi it would allow the property to be developed The zoning ordinance requires the following findings are made for approval of a Site Plan:  would not create new nonconformities.  III. Findings  and maintained with the existing nature of the property.  1.  All applicable provisions of this ordinance are complied with.  The Project has been conditioned to comply with all applicable sections of the Fowler Municipal Code (FMC). The following conditions have been placed on the Project in order to comply with  the FMC that will affect the site plan:    - CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT FMC Section 9-5.307-B states "All actions and procedures pertaining to the granting or denial of various permits or other entitlements. shall be consistent with applicable policies set forth in the General Plan." The proposed Project is consistent with the following General Plan Policies:  California  STAFF REPORT  Medium Density: 5.6-1 13.5units per gross acre. This categoryr recognizes that smalll lots single family and low density multifamily units willr make up an increasing percentage of the City's housing stock. Lots as small as 5,000 square feet would be permitted. Mobile home parks and apartments within this density range will meet the needs ofr many households without the financial means or the desire to be homeowners. The most compatible zone districts  are R-1-5, R-1-6, R-1-7, R-2-A, and R-MP.  The Project site is planned for Medium Density Residential uses and proposes to rezone the property from R-1-51 to RM-2-A, which are deemed by the General Plan Multi-family residential development of 12 or more units per acre shall either have direct access to a major street or to a local street which does not pass through a single family  to be the most compatible zone districts.  area prior toi intersecting a major street.  Neither Main nor Ist Streets are designated major streets, however the Project does not pass through a single-family area as iti is located between as single-family area Development standards for the interface between multi-family residential and single- Outdoor recreational areas, game courts, pools, and solid waste collection areas onmuli-family properties shall be oriented away from adjacent properties planned The Project proposes outdoor recreational areas and solid waste near the alley, allowing for a buffer between the adjacent single-family residential Multi-family parking areas, garages, other structures, and access drives shall be separated from adjacent properties planned for single family residential with a landscaped setback containing deciduous and evergreen trees. A 10- foot minimum transition is preferred but may be reduced depending on site conditions. The transition may include such provisions as building setbacks, landscaping and Exterior area lighting for multi-family residential parking, carports, garages, access drives, and outdoor recreation areas, shall be shielded to prevent line of sight visibility of the light source from abutting property planned for single-family New area lighting for parking and outdoor recreation areas are required to be arranged as to deflect the light away from adjoining properties in order Multi-family buildings greater than 201 feeti inl height shalll be prohibited within 25f feet The site currently does not have buildings over 20 feet in height within 25 feet of abutting single-family residential properties, nor does it propose to  and a high school.  family residential shall be as follows:  for single family residential.  uses.  masonry wall requirements to benefit future residents. The existing parking area allows for a 5-foot transition.  residential.  fori the Site Plan to be approved.  of abutting property planned for single-family residential.  construct any building of such height.    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT All residential projects shall provide usable open space within the boundaries of the development. This open space shall be in addition to any development fees paid for Within multifamily projects, including mobile home parks, a minimum of 10% of the project site shall be developed with usable open space which could include swimming pools, green space, landscaping, andrecreglion/meeing rooms. The Project provides more than 10% of the site area as open space. The following are so arranged that traffic congestion is avoided and that pedestrian and vehicular safety and welfare are protected and there will not be adverse effect on  California  STAFF REPORT  neighborhood or community park space.  2.  surrounding properly:  a. b.  Facilities and improvements.  No additional improvements are proposed.  Vehicular ingress, egress, internal circulation and off-street parking and loading.  The site currently has a sufficient amount of off-street parking to accommodate the maximum  allowed number of dwelling units.  C. entrances. d. e.  Setbacks.  No new buildings are proposed. Parking stalls are set more than 15 feet away from building  Height of buildings. Walls and fences.  No new buildings are proposed.  The applicant proposes to replace the existing dilapidated masonry wall along the northwestern property line with a six (6) foot tall wood fence. This would create a fence with multiple materials ofn multiple heights. Staff recommends the entirety of this fence be replaced with a six (6) foot tall wood fence to create visual continuity and prevent adverse effects on adjacent property.  f.  Landscaping, including screen planting and street trees.  The site plan proposes landscaping, as is required by the Fowler Municipal Code. Staff has  conditioned the inclusion of additional. street trees along South. IstStreet.  g.  Drainage.  The proposed site plan proposes minimal ground disturbance. Direction of runoff will not be  changed. The proposed lot coverage is less than the R-1-5standard.  3. 4.  Proposed lighting is sO arranged as to deflect the light away from adjoining properties. Proposed signs will comply with all of the applicable provisions of Article 22 of this  No additional lightingi is proposed on the site plan.  ordinance.    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT No signs are proposed as part of the Project. The sign ordinance will allow one (1) monument sign per street frontage not to exceed twenty-four (24) square feet. Signs must be wall-mounted or, when freestanding, five (5) feet from property line and 100 feet away from each other. That adequate provision is made to reduce adverse or potentially adverse environmental Staff has reviewed the proposed Project and has determined that the Project is categorically exempt from the California Environmental Quality Act (CEQA) as the Project meets the definition of an Existing Facility (Class 1) and New Construction or Conversion of a Small Structure (Class 3). The City, as the Lead Agency under the California Environmental Quality Act (CEQA) determined that the proposed project is categorically exempt from CEQA through a Class 1 Existing Facilities  California  STAFF REPORT  5.  impacts to acceptable levels.  IV. Environmental Review  and Class 3 New Construction or Conversion of Small Structures exemption.  V.A Attachments A. Resolutions 654 and 655    o C N    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  California  STAFF REPORT  Figure 2- Aerial Vicinity  ADAMS  WALTER  Project Site (APN3 343-192-16)  Boundaries i Cityl Limits  250  500 Feet  PROVOST& PRITCHARD    0 CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  California  STAFF REPORT  Figure 2-G General Plan Land Uses  ADAMS  Project Site (APN 343-192-16) Low Density Residential Medium! Low Density Residential Medium Density Residential High Density Residential Community Commercial Parks and Open Space Public Facilities Boundaries i! City Limits 0  Land Use  WALTER  250  500 Feet  PROVOST& PRITCHARD    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  California  STAFF REPORT  Figure 3-Zoning Map  ADAMS  Project Site (APN3 343-192-16) Zoning R-1-10 R-1-7 R-1-6 RM-2 RM-3 C-2 RCO Boundaries i! Cityl Limits 0  WALTER  250  500 Feet  PROVOST& PRITCHARD    RESOLUTION NO. 654 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE PLANNING COMMISSION COUNTY OF FRESNO, STATE OF CALIFORNIA RESOLUTION RECOMMENDING: APPROVAL OF ZONING ORDINANCE AMENDMENT APPLICATION NO. 20-01  WHEREAS, an application for Zoning Ordinance Amendment No. 20-01 has been received to rezone the property to allow for improvements to an existing Multifamily dwelling ("Project"), on an approximately 14,000 square foot parcel (APN: 343-192-16) at 704 East Main Street, located on the north WHEREAS, the subject application was deemed complete by the Fowler Planning and Community Development Department and has been reviewed for compliance with the Fowler Zoning Ordinance; and WHEREAS, thel Project requires approval of a Rezone in accordance with Article 7 of the Fowler WHEREAS, the City has determined that the Project is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Sections 15301, Construction and Conversion of Small Structures, and 15303, New Construction or Conversion of Small Structures, and that no WHEREAS, a public hearing notice was duly published informing the public that the Categorical Exemption and Project would be considered for approval at a Planning Commission meeting held on) January WHEREAS, the Planning Commission reviewed the proposed Rezone together with the Categorical WHEREAS, the Commission reviewed the staff report prepared pursuant to the request, which is herein incorporated by this reference, and considered all submissions, testimony, and evidence found in the NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Fowler, That the City Council of the City of Fowler approve. Rezone No. 20-01 for the Project. That the Project is consistent with the General Plan and it is in the best interests of the That the Project is categorically exempt under the California Environmental Quality Act  corner of East Main Street and South 1st Street; and  Zoning Ordinance; and  additional environmental analysis is required; and  7,2021 at 6:30 p.m.; and  Exemption at a Regular Meeting on Januaty7,2021;and  record.  based on the entire record of proceedings, finds and recommends:  1. 2. 3.  surrounding neighborhood to approve Zoning Ordinance Amendment No. 20-01 as requested.  (CEQA) in accordance with CEQA Guidelines Sections 15301, Construction and Conversion of Small Structures, and 15303, New Construction or Conversion of Small Structures, and that no additional    environmental analysis is required.  Ihereby certify the foregoing is a full, true, and correct copy ofa a resolution duly and regularly adopted by the Planning Commission of the City of Fowler at: a meeting held on the 7th day of) January 2021 by the following  vote: AYES: NAYS: ABSTAIN: ABSENT:  Chairman of the Planning Commission  Attest:  Planning Secretary  2    RESOLUTION NO. 655 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE PLANNING COMMISSION COUNTY OF FRESNO, STATE OF CALIFORNIA RESOLUTION RECOMMENDING APPROVAL OF SITE PLAN REVIEW APPLICATION NO. 20-08  WHEREAS, Ray Duran has proposed to convert existing space into a 421 square foot multifamily dwelling unit in aj proposed RM-2-A zone district ("Project") located on an approximately 14,000 square foot parcel (APN: 343-192-16) at 704 East Main Street, located on the north corner of East Main Street and South  1stS Street; and  WHEREAS, the Project is aj permitted use: in an RM-2-A zone district but requires Site Plan Review WHEREAS, an application for Site Plan Review No. 20-08 has been received to allow the establishment of the proposed Multifamily Project ("Project"), on an approximately 14,000 square foot parcel (APN: 343-192-16) at 704 East Main Street, located on the north corner of East Main Street and South 1st WHEREAS, the subject application was deemed complete by the Fowler Planning and Community Development Department and has been reviewed for compliance with the Fowler Zoning Ordinance; and WHEREAS, the City has determined that the Project is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Sections 15301, Existing Facilities, and 15303, New Construction or Conversion of Small Structures, and that no additional environmental. analysis WHEREAS, aj public hearing notice was duly published informing the public that the Categorical Exemption and Project would be considered for approval at a Planning Commission meeting held on) January WHEREAS, thel Planning Commission reviewed thej proposed Site Plan together with the Categorical WHEREAS, the Commission reviewed the staff report prepared pursuant to the request, which is herein incorporated by this reference, and considered all submissions, testimony, and evidence found in the NOW THEREFORE, BEI IT RESOLVED that the Planning Commission of the City of Fowler,  (SPR) in accordance with Article 26 oft the Fowler Zoning Ordinance; and  Street; and  is required; and  7,2021 at 6:30 p.m.; and  Exemption at: a Regular Meeting on January 7,2021;a and  record.  based on the entire record of proceedings, finds and recommends: subject to the conditions of approval (as found in Attachment A).  1. 2.  That the City Council oft the CityofFowler: approve: Sitel Plan Review No. 20-08 for thel Project That thel Project as conditioned complies with all applicable sections of the Fowler Municipal    Code (FMC) and other applicable law, as follows:  1. Thel Projecti is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Sections 15301, Existing Facilities, and 15303, New Construction or Conversion of Small Structures, and that no: additional environmental analysis  isr required.  2. 3.  All applicable provisions of the Zoning Ordinance are complied with.  The following are sO arranged that traffic congestion is avoided and that pedestrian and b. Vehicular ingress, egress, internal circulation and off-street parking and loading.  vehicular safety and welfare are protected and there will not be adverse effect on surrounding property:  a. Facilities and improvements. Setbacks. d. Height of buildings. Walls and fences. Drainage.  Landscaping, including screen planting and street trees.  4. 5. Ordinance. 6. toa acceptable levels.  Proposed lighting is sO arranged as to deflect the light away from adjoiningi properties. Proposed signs will comply with all of the applicable provisions of Article 22 of the Zoning Adequate provision is made to reduce adverse or potentially adverse environmental impacts  Ihereby certify the foregoing is a full, true, and correct copy ofa resolution duly and regularly adopted by the Planning Commission of the City of Fowler at a meeting held on the 7h day ofJ January 2021 by the following  vote: AYES: NAYS: ABSTAIN: ABSENT:  Chairman of thel Planning Commission  Attest:  Planning Secretary  2    Attachment. A- Conditions of Approval  Property Development Standards  1. Comply with the property development standards of thel RM-2-A zone district.  2. The applicant shalli installa a news six (6) foott tall wood fence along the entire northwestern property line, where allowed 3. The applicant shalli install and maintain a minimum of three (3) street trees along South 1s Street.  by the RM-2-A zone district.  3