Fontana City Council
February 8, 2022

195
DocuSign Envelope ID: 2B7FBE7D- EF13- 4A6C- 8A4F- 33F79E55DD9F NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, as follows:

Section 1. Locality is hereby authorized and directed to make any necessary arrangements to effectuate the Department' s receipt of Locality' s ERA2 Allocation for the purpose of administering it for and on behalf of Locality.

Section 2. Locality is hereby authorized and directed to accept a grant from the Department, in an amount not to exceed $ 151,414. 68, which grant shall be used to pay Locality' s Supplemental Administrative Costs.

Section 3. Locality is hereby authorized and directed to enter into, execute, and deliver any and all documents ( and amendments thereto) that are required or deemed necessary or appropriate UNDER STATE OR FEDERAL LAW to govern the Department' s administration of the Locality' s ERA2 Allocation for and on behalf of the Locality, as well as the Locality' s acceptance of a grant for payment of its Supplemental Administrative Costs ( collectively, the " SRA2 Documents"). Such SRA2 Documents shall include a Department - approved STD 213, Standard Agreement in a total amount not to exceed $ 151, 414. 68 ( the " Standard Agreement"), and all amendments thereto.

Section 4. Locality acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement.

Section 5. Mark Denny, or his designee, is authorized to execute the SRA2 Documents on behalf of the Locality for participation in the State Rental Assistance Program — Round 2.

APPROVED AND ADOPTED this 12thday of October 2021.

READ AND APPROVED AS TO LEGAL FORM:

EDocuSigned ,lby':: tzbd"' VAIN
F DS F nnr,
City Attorney
I, Tonia Lewis, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting on the 12thday of October 2021, by the following vote to wit:

196
DocuSign Envelope ID: 2B7FBE7D- EF13- 4A6C- 8A4F- 33F79E55DD9F Resolution No. 2021- 102
AYES: Mayor Warren, Mayor Pro Tem Cothran, Council Members Garcia, Roberts and Sandoval
NOES:

ABSENT:

ABSTAIN:

DocuSigned by:
t Wis
n
City Clerk of the City of Fontana
DocuSigned by:
a(auuA EA (PairuA,
OD17GDADBOOD16Ci...

Mayor of the City of Fontana
ATTEST:

DocuSigned by:

EMA,
i
701174 11 RF7n. ED..-
City Clerk

197
DocuSign
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Envelope Id: 2B7FBE7DEF134A6C8A4F33F79E55DD9F
Subject: Please DocuSign: Reso 2021- 102 Autorizing ERA2 SRA2 Funds. doc Source Envelope:

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10/ 19/2021 102: 06 PM
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Ruben Duran
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Acquanetta Warren
awarren@fontana. org
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Accepted: 10/23/ 2021 106: 12 AM
ID: 903a6b15- 345d- 4464- 96b4490aa0b0090b
Toni Lewis
tlewis@fontana. org
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Accepted: 10/23/ 2021 107: 54 AM
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Accepted: 10/ 13/ 2021 104: 17 PM
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Electronic Record and Signature Disclosure created on: 2/2/ 2017 106: 54 AM Parties agreed to: Ruben Duran, Acquanetta Warren, Toni Lewis, Evelyne Ssenkoloto, Kathy Kasinger

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8353 Sierra Avenue
Fontana, CA 92335City of Fontana
Legislation Details (With Text)
File #: Version: 121-928 Name:

Status:Type: Consent Calendar Agenda Ready
File created: In control:9/27/2021 City Council Meeting On agenda: Final action:10/12/2021
Title: Resolution of the Governing Body of the City of Fontana Authorizing Participation in the State Rental Assistance Program-2
Sponsors:

Indexes:

Code sections:

Attachments: 1. Resolution Autorizing ERA2 SRA2 Funds
Action ByDate Action ResultVer.

FROM:

Housing
SUBJECT:

Resolution of the Governing Body of the City of Fontana Authorizing Participation in the State Rental Assistance Program-2
RECOMMENDATION:

Adopt Resolution No. 2021-103 a Resolution of the City Council of the City of Fontana authorizing participation in the State Rental Assistance Program -2.

COUNCIL GOALS:
· To concentrate on inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents. · To concentrate on inter-governmental relations by pursuing financial participation from county, state and federal governments.

DISCUSSION:

On March 11, 2021, the American Rescue Plan Act of 2021 was signed into law establishing the federal Emergency Rental Assistance Program (ERA2), and authorized the direct allocation of funds to states, the District of Columbia, units of local government, and territories. The ERA2 funds are intended to assist low-income households that have experienced financial hardship due to the COVID-19 pandemic, are unable to pay for rent and utilities, and are at risk of experiencing homelessness or housing instability.

California Assembly Bill No. 832 (AB 832) established the State of California’s program for administering its share of ERA2 funds (the “SRA2,”“StateRental Assistance Program - 2,”or “SRA2 Funds”) authorizing the Department of Housing and Community Development to administer the SRA2 Funds in accordance with state and federal law.

The City of Fontana received an allocation of ERA2 funds from the U.S. Department of the Treasury City of Fontana Printed on 11/30/2021Page 1 of 2
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File #: 21-928, Version: 1
The City of Fontana received an allocation of ERA2 funds from the U.S. Department of the Treasury in the amount of $ 5,047,289.30. The State Department will administer the cities ERA2 and SRA2 share of funds in order to offer a unified and cohesive program statewide.

FISCAL IMPACT:

Revenue and expenditure budgets in the amount of $5,047,289.30 will be recognized accordingly at FY 21/22 First Quarter Budget Adjustment to Office of Emergency Services Fund #104 (Org #10420009 - Treasury ERA2).

MOTION:

Approve staff recommendation.

City of Fontana Printed on 11/30/2021Page 2 of 2
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RESOLUTION NO. 2021-102

A RESOLUTION OF THE GOVERNING BODY OF THE

CITY OF FONTANA AUTHORIZING PARTICIPATION IN
THE STATE RENTAL ASSISTANCE PROGRAM – ROUND
2 WHEREAS, On March 11, 2021, the American Rescue Plan Act of 2021 (Pub.L.

No. 117-2) (“ARPA”) was signed into law. Section 3201 of Subtitle B of Title III of ARPA established the federal Emergency Rental Assistance Program (“ERA2”), and authorized the direct allocation of funds to states, the District of Columbia, units of local government, territories, and high-need grantees. The ERA2 funds are intended to assist low -income households that have experienced financial hardship during or due to the COVID -19 pandemic, are unable to pay for rent and utilities, and are at risk of experiencing homelessness or housing instability.

WHEREAS, California Assembly Bill No. 832 (2021-2022 Reg. Sess.) (“AB 832”) established the State of California’s program for administering its share of ERA2 funds (the “State Rental Assistance Program – Round 2,” “SRA2,” or “ SRA2 Funds”). AB 832 amended Sections 50897, 50897.1, 50897.2, 50897.3, and 50897.4 of, and added Sections 50897.2.1 and 50897.3.1 to, the Health and Safety Code. Health and Safety Code section 50897.1, subdivision (a)(1) authorizes the Department of Housing and Community Development (the “Department”) to administer the SRA2 Funds in accordance with state and federal law.

WHEREAS, Pursuant to Section 3201 of Subtitle B of Title III of ARPA, the U.S.

Department of the Treasury (“Treasury”) will allocate ERA2 fun ds to Locality (this allocation, and any and all additional tranches thereof, the Locality’s “ERA2 Allocation”).

WHEREAS, Pursuant to Health and Safety Code section 50897.2.1, subdivision (a)(3), the Department will apportion a share of the SRA2 Funds to Locality (this amount, and any and all additional tranches thereof, the Locality’s “Proportionate SRA2 Share”).

WHEREAS, Locality intends and agrees that the Department will (1) receive and administer the Locality’s ERA2 Allocation for and on behalf of Locality; and (2) administer the Locality’s Proportionate SRA2 Share.

WHEREAS, The Department will administer the Locality’s ERA2 Allocation and Proportionate SRA2 Share pursuant to Health and Safety Code section 50897.3.1, subdivision (b)(3).

WHEREAS, Furthermore, in accordance with Section 3201(d)(1)(C) of ARPA, the Department will use ERA2 funds to provide Locality with a grant, which Locality shall use to pay any costs it incurs, beginning on March 11, 2021, to support and benefit the State 205

Rental Ass istance Program – Round 2 (such costs, the Locality’s “Supplemental Administrative Costs”).

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

Section 1. Locality is hereby authorized and directed to make any necess ary arrangements to effec tuate the Department’s receipt of Locality’s ERA2 Allocation for the purpose of administering it for and on behalf of Locality.

Section 2. Locality is hereby authorized and directed to accept a grant from the Department, in an amo unt not to exceed $ 151,414.68, which grant shall be used to pay Locality’s Supplemental Administrative Costs.

Section 3. Locality is hereby authorized and directed to enter into, execute, and deliver any and all documents (and amendments thereto) that are required or deemed necessary or appropriate UND ER STATE OR FEDERAL LAW to govern the Department’s administration of the Locality’s ERA2 Allocation for and on behalf of the Locality, as well as the Locality’s acceptance of a grant for payment of its Supple mental Administrative Costs (collectively, the “ SRA2 Documents”). Such SRA2 Documents shall include a Department -approved STD 213, Standard Agreement in a total amount not to exceed $151,414.68 (the “Standard Agreement”), and all amendments thereto.

Section 4. Locality acknowledges and agrees that it shall be subj ect to the terms and conditions specified in the Standard Agreement.

Section 5. The City Manager, or his/her designee, is authorized to execute the SRA2 Documents on behalf of the Locality for p articipation in the State Rental Assistance Program – Round 2.

APPROVED AND ADOPTED this 8th day of February 2022.

READ AND APPROVED AS TO LEGAL FORM:

________________________________
City Attorney
206

I, Tonia Lewis, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting on the 8th day of February 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________
City Clerk of the City of Fontana

________________________________
Mayor of the City of Fontana

ATTEST:

________________________________
City Clerk
207
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1127 Agenda Date: 2/8/2022
Agenda #: A. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Adoption of an Ordinance Amending Chapter 30, Article II, Division 21 to add Subdivision IV to the City Municipal Code and Amending Chapter 30, Article V, Division 4 to add Section 30-434.1 to Regulate Urban Lot Splits and two-unit projects under SB 9; and finding the action to be exempt under CEQA.

RECOMMENDATION:

1. Determine that the project is exempt pursuant to Section 15061 (b) (3) (General Rule Exemption), of the California Environmental Quality Act (CEQA) and Section No. 3.07 of the 2019 Local Guidelines for Implementing CEQA and direct staff to file the Notice of Exemption; and,

2. Read by title only and waive further reading of and introduce Ordinance No. ______, an Ordinance of the City Council of the City of Fontana, approving amendments to Chapter 30 (Zoning and Development Code) of the Fontana Municipal Code, and that the reading of the title constitutes the first reading thereof.

COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To preserve the local environment for generations to come and to create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.

DISCUSSION:

Background
The California legislature recently passed, and Governor Newsom signed into law, Senate Bill 9 (“SB 9”). SB 9 went into effect on January 1, 2022, and requires the City to both: (1) allow any lot in a single-family residential zone to be split, roughly into halves, with resulting lots as small as 1,200 sf and (2) allow any lot in a single-family residential zone to be developed with up to two single-family primary dwellings. SB 9 requires the City to approve eligible lot splits and two-unit projects ministerially (i.e., without discretionary review, conditions, or a hearing). Property owners can also utilize both of SB 9’sprovisions, meaning that an SB 9 lot split may be followed with an SB 9 two-unit project on each of the two new lots, resulting in four total dwellings on what was formerly one single- City of Fontana Printed on 2/2/2022Page 1 of 3
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File #: 21-1127 Agenda Date: 2/8/2022
Agenda #: A. Category: Public Hearing
family residential lot - all with only ministerial approval.

Discussion
SB 9 was signed by Governor Newsom on September 16, 2021 and became effective January 1, 2022. On December 14, 2021, the City of Fontana City Council adopted an urgency ordinance regulating urban lot splits and two-unit projects, ahead of the statewide implementation on January 1, 2022. The urgency ordinance is in place temporarily until a permanent ordinance is adopted. The proposed ordinance was recommended for approval by the Planning Commission on January 18, 2022, and will codify the standards to address the regulations guided by SB 9. Staff will continue to evaluate the implementation of the standards and will propose amendments to address any unforeseen issues that arise.

SB 9 allows cities to impose objective zoning, subdivision, and design standards (collectively “objectivedevelopment standards”)on covered lot splits and two-unit projects. An objective standard is a regulation that does not involve personal or subjective judgment and that is verifiable by reference to an external and uniform benchmark or criterion (e.g., a height limit).

Generally, the proposed ordinance is written to allow the city to exercise as much local control over SB 9 projects as state law allows. Among other things, the ordinance includes regulations governing the following:
· Location (SFR zone; not in sensitive, dangerous, historic areas; not on rental property (within last 3 years))
· Lot Size (2,400 sf min to split; 1,200 sf min for resulting) · Lot Access (adjoin ROW)
· Unit Size (800 sf max / du)
· Lot Coverage and Open Space (50 percent max and min, respectively) · Unit Height (16 feet max, unless lot is smaller than 2,000 sf) · Setbacks (normal, except as necessary to allow two units at 800 sf each; but no less than 4 feet side and rear)
· Use (residential-only, no short-term rental)
· Parking (one space, unless exempt by statute)
· Owner occupancy (three-year minimum on urban splits; permanent on two-unit projects) · Architecture (must match other dwelling or dwellings on property; no direct lines of sight) · Utilities (direct connections to service providers; all underground) · Separate Conveyance Within a Lot (prohibited; no condos, no timeshares or separate-use co- ownerships)
· Deed Restriction (required; no short-term rental, non-residential use, or separate conveyance; development limited to SB 9 projects)
FISCAL IMPACT:

None.

City of Fontana Printed on 2/2/2022Page 2 of 3
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File #: 21-1127 Agenda Date: 2/8/2022
Agenda #: A. Category: Public Hearing
MOTION:

Accept staff’s recommendation.

ATTACHMENTS:

1. Attachment No. 1 - Planning Commission Action and Staff Report

2. Attachment No. 2 - Planning Commission Minutes

3. Attachment No. 3 - City Council Ordinance

4. Attachment No. 4 - Proposed Changes to the Zoning and Development Code

5. Attachment No. 5 - Notice of Exemption

6. Attachment No. 6 - Public Hearing Notice
City of Fontana Printed on 2/2/2022Page 3 of 3
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ATTACHMENT NO. 1
ORDINANCE NO. 2022-_____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FONTANA, CALIFORNIA AMENDING CHAPTER 30 OF

THE CITY OF FONTANA MUNICIPAL CODE RELATING TO

URBAN LOT SPLITS AND TWO-UNIT PROJECTS AND

DETERMINING THE ORDINANCE TO BE EXEMPT FROM
CEQA

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

WHEREAS, the City of Fontana, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which among other things, adds Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and
WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and WHEREAS, the City Council of the City of Fontana adopted an urgency ordinance effective January 1, 2022 at its duly noticed public hearing on December 14, 2021 in order to address the immediate threat to the public health, safety, or welfare based on the passage of SB because if the City did not adopt appropriate objective standards for urban lot splits and two-unit projects under SB 9, the City could have thereafter been limited to applying the few object standards already in its code, which did not anticipate and w ere not enacted with urban lot splits and ministerial two-unit projects in mind; and WHEREAS, SB 9 took effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and
WHEREAS, the approval of urban lot splits and two-unit projects based solely on the City’s default standards, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.
211

ATTACHMENT NO. 1
WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with G overnment Code section 36937, subdivision (b).

NOW, THEREFORE, the City Council of the City of Fontana does ordain as follows:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Under California Government Code sections 65852.21, subd. (j) , and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act ( “CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project.

Section 3. Chapter 30 of the Fontana Municipal Code is hereby amended and restated as provided in Exhibit “A”, attached hereto and incorporated herein by reference.

Section 4. This ordinance takes effect immediately upon its adoption.

Section 5. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that c an be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.

Section 6. The City Council hereby directs staff to prepare, execute , and file with the San Bernardino Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.

Section 7. The Custodian of Records for this Ordinance is the City Clerk and the records compromising the administrative record for this Ordinance are located at 8353 Sierra Avenue, Fontana, California 92335.
212

ATTACHMENT NO. 1
APPROVED AND ADOPTED by the City Council of Fontana California, at a regular meeting of the City Council held on the 8th day of February, 2022 by the following vote:

________________________________
City Attorney

I, Tonia Lewis, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance introduced at a regular meeting of said City Council on February 8, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________
City Clerk

________________________________
Mayor of the City of Fontana

ATTEST:

________________________________
City Clerk

213

ATTACHMENT NO. 1

EXHIBIT A

Amendments to Municipal Code

City of Fontana Zoning and Development Code Chapter 30.0, Article II, Division 21, is hereby amended to add Subdivision IV to read in its entirety as follows:

Subdivision IV. – State-Mandated Subdivisions

Sec. 30-304. - Urban Lot Splits
(a) Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7. (b) Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section. (c) Application.
(1) Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
(2) An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(3) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
(d) Approval.
(1) An application for a parcel map for an urban lot split is approved or denied ministerially, by the Planning Director, without discretionary review. (2) A parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. A final parcel map is approved 214

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ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.
(3) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.
(4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
(e) Requirements. An urban lot split must satisfy each of the following requirements:
(1) Map Act Compliance.
(A) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section. (B) If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:
(i) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(ii) The city has all the remedies available to it under the SMA, including but not limited to the following:
(I) An action to enjoin any attempt to sell, lease, or
finance the property.
(II) An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive relief.
(III) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(IV) Record a notice of violation.
(V) Withhold any or all future permits and approvals.
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(C) Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.
(2) Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.
(3) Lot Location.
(A) The lot to be split is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
(iv) A hazardous waste site that has not been cleared for residential use.
(v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
(vi) Within a 100-year flood hazard area, unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and
issued to the local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
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(ix) Habitat for protected species.
(x) Land under conservation easement.
(B) The purpose of subpart (e)(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
(4) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory.

Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district. (5) No Prior Urban Lot Split.
(A) The lot to be split was not established through a prior urban lot split. (B) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
(6) No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income-restricted for households of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
(D) Housing that has been occupied by a tenant in the last three years. (7) Lot Size.
(A) The lot to be split must be at least 2,400 square feet. (B) The resulting lots must each be at least 1,200 square feet. (C) Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
(8) Easements.
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(A) The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
(B) Each easement must be shown on the tentative parcel map. (C) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart (d)(2) above.
(D) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.
(9) Lot Access.
(A) Each resulting lot must adjoin the public right of way. (B) Each resulting lot must have frontage on the public right of way of at least 22 feet.
(10) Unit Standards.
(A) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 30-434.1 of this code, an ADU, or a JADU
(B) Unit Size.
(i) The total floor area of each primary dwelling that is developed on a resulting lot must be
(I) less than or equal to 800 square feet and
(II) more than 500 square feet.
(ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
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(iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split. (C) Height Restrictions.
(i) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure. (ii) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split. (D) Lot Coverage. The lot must comply with the lot coverage limit imposed by the underlying zoning. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(E) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (e)(10)(E) above:
(I) Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.
(II) 800 sf; four-foot side and rear. The setbacks
imposed by the underlying zone must yield to the
degree necessary to avoid physically precluding the
construction of up to two units on the lot or either of the two units from being at least 800 square feet in
floor area; but in no event may any structure be less
than four feet from a side or rear property line.
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(iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 22 feet from the front property lines. The front setback area must:
(I) be kept free from all structures greater than three feet high;
(II) be at least 50 percent landscaped with drought-
tolerant plants, with vegetation and irrigation plans
approved by a licensed landscape architect;
(III) allow for vehicular and fire-safety access to the front structure.
(F) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either
(I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak
commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail
transit service, or
(ic) the intersection of two or more major bus
routes with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
(ii) The site is located within one block of a car-share vehicle location.
(G) Architecture.
(i) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The 220

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dominant roof slope is the slope shared by the largest
portion of the roof.
(ii) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (iii) All exterior lighting must be limited to down-lights. (iv) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(v) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for
windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(H) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
(i) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.
(ii) Plant specimens must be at least six feet tall when installed.

As an alternative, a solid fence of at least 6 feet in height may be installed.
(iii) All landscaping must be drought-tolerant.
(I) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
(J) Utilities.
(i) Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider. 221

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(ii) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater
treatment system must first have a percolation test
completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(K) Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.
(11) Fire-Hazard Mitigation Measures.
(A) A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) It must have direct access to a public right of way with a paved street and the ability to withstand 75,000 pounds of vehicle weight with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
(iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.
(v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-
authority standard pump and hose equipment.
(B) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire- hazard mitigation measures in accordance with this subpart (e)(11).

The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application.
(12) Separate Conveyance.
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(A) Within a resulting lot.
(i) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
(ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
(iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. (B) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots. (13) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on any lot created by urban lot split.
(B) No STRs. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
(C) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.
(14) Notice of Construction.
(A) At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized,
(ii) The anticipated start and end dates for construction, 223

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(iii) The hours of construction,
(iv) Contact information for the project manager (for
construction-related complaints), and
(v) Contact information for the Building & Safety Department. (B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
(15) Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any non-residential use of the lots created by the urban lot split.
(C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.
(f) Specific Adverse Impacts.
(1) Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (2) “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
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(3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

IN THE LAND USE TITLE:

City of Fontana Zoning and Development Code Chapter 30.0, Article V, Division 4, is hereby amended to add Section 30-434.1 to read in its entirety as follows:

Section 30-434.1 Two-unit Projects
(a) Purpose. The purpose of this section is to allow and appropriately regulate two- unit projects in accordance with Government Code section 65852.21. (b) Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
(c) Application.
(1) Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
(2) An application for a two-unit project must be submitted on the city’s approved form.
(3) The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application. (4) Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(5) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
(d) Approval.
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(1) An application for a two-unit project is approved or denied ministerially, by the Planning Director, without discretionary review.
(2) The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.
(3) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.
(4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
(e) Requirements. A two-unit project must satisfy each of the following requirements:
(1) Map Act Compliance. The lot must have been legally subdivided. (2) Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.
(3) Lot Location.
(A) The lot is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
(iv) A hazardous waste site that has not been cleared for residential use.
(v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
(vi) Within a 100-year flood hazard area, unless the site has either:
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(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and
issued to the local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) Habitat for protected species.
(x) Land under conservation easement.
(B) The purpose of subpart (e)(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
(4) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
(5) No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income-restricted for households of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
(D) Housing that has been occupied by a tenant in the last three years. (6) Unit Standards.
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(A) Quantity.
(i) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.
(ii) A lot that is not created by an urban lot split may have a two- unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU
ordinance.
(B) Unit Size.
(i) The total floor area of each primary dwelling built that is developed under this section must be
(I) less than or equal to 800 square feet and
(II) more than 500 square feet.
(ii) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.
(iii) A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two- unit project.
(C) Height Restrictions.
(i) On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project. 228

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(D) Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
(E) Lot Coverage. [Include a lot coverage standard here if desired.] This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(F) Open Space. [Include an open space standard here if desired.] This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(G) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (e)(6)(G) above:
(I) Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.
(II) 800 sf; four-foot side and rear. The setbacks
imposed by the underlying zone must yield to the
degree necessary to avoid physically precluding the
construction of up to two units on the lot or either of the two units from being at least 800 square feet in
floor area; but in no event may any structure be less
than four feet from a side or rear property line.
(iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must conform to the front yard setback imposed by the underlying zoning. The front setback area must:
(I) be kept free from all structures greater than three feet high;
(II) be at least 50 percent landscaped with drought-
tolerant plants, with vegetation and irrigation plans
approved by a licensed landscape architect;
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(III) allow for vehicular and fire-safety access to the front structure.
(H) Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either
(I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak
commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail
transit service, or
(ic) the intersection of two or more major bus
routes with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
(ii) The site is located within one block of a car-share vehicle location.
(I) Architecture.
(i) If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest
portion of the roof.
(ii) If there is no legal primary dwelling on the lot before the two- unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (iii) [OPTIONAL: Provide a custom set of objective standards to define an architectural style, or styles, that the city deems to be appropriate and is willing to allow.]
(iv) All exterior lighting must be limited to down-lights. 230

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(v) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (vi) If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for
windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(J) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
(i) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.
(ii) Plant specimens must be at least six feet tall when installed.

As an alternative, a solid fence of at least 6 feet in height may be installed.
(iii) All landscaping must be drought-tolerant.
(K) Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected. (L) Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. (ii) Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(M) Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.
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(7) Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(A) It must have direct access to a public right of way with a paved street and the ability to withstand 75,000 pounds of vehicle weight, with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(B) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (C) All enclosed structures on the site must have fire sprinklers. (D) All sides of all dwellings on the site must be within a 150-foot hose- pull distance from either the public right of way or of an onsite fire hydrant or standpipe.
(E) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
(8) Separate Conveyance.
(A) Primary dwelling units on the lot may not be owned or conveyed separately from each other.
(B) Condominium airspace divisions and common interest
developments are not permitted within the lot.
(C) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
(9) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on the lot. (B) No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.
(C) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

232

ATTACHMENT NO. 1
(10) Notice of Construction.
(A) At least 30 business days before starting any construction of a two- unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized,
(ii) The anticipated start and end dates for construction, (iii) The hours of construction,
(iv) Contact information for the project manager (for
construction-related complaints), and
(v) Contact information for the Building & Safety Department. (B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
(11) Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any non-residential use of the lot. (C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile. (E) States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.

233

ATTACHMENT NO. 1
(f) Specific Adverse Impacts.
(1) Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (2) “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
(3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. (g) Remedies.

If a two-unit project violates any part of this code or any other legal requirement:
(1) The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
(2) The city may:
(A) Bring an action to enjoin any attempt to sell, lease, or finance the property.
(B) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
(F) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code.

234

NOTICE OF EXEMPTION
ATTACHMENT NO. 2

PTO: 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 Division
8353 Sierra Avenue
Fontana, CA 92335

1. Project Title: Master Case No. 21-117 and Zoning Code Amendment No. 21-009

2. Project Location - Specific: Citywide

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

4. Description of nature, purpose, and beneficiaries of Project: Adoption of an Ordinance Amending Chapter 30, Article II, Division 21 to add Subdivision IV to the City Municipal Code and Amending Chapter 30, Article V, Division 4 to add Section 30 -434.1 to Regulate Urban Lot Splits and two-unit projects under Senate Bill 9.

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

7. Name of Person or Agency carrying out project: City of Fontana-Planning Division 8353 Sierra Avenue
Fontana, CA 92336

8. Exempt status: (Check one)
(a) _____ Ministerial project.
(b) _____ Not a project.
(c) _____ Emergency Project.
(d) __X__ Categorical Exemption. State type and class number: exemption pursuant to Section No. 15061(b)(3) (General Rule Exemption Class No. 1) of the California Environmental Quality Act (CEQA), and Section No. 3.07 of the Local 2019 Guidelines for Implementing the California Environmental Quality Act.
(e) _____ Declared Emergency.
(f) _____ Statutory Exemption. State Code section number: _______________________ (g) _____ Other. Explanation: _______________________________________________

9. Reason why project was exempt: The proposed amendments to Chapter 30 of the Fontana Municipal Code do not have a direct potential for impacts on the built environment.

10. Contact Person: Cecily Session-Goins, Associate Planner Telephone: (909) 350-6723

Date Received for Filing: __________________________________ Patty Nevins
Planning Director
(Clerk Stamp Here)

235

ATTACHMENT NO. 3

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 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 wi th 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 CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:

Master Case No. 21-117 and Zoning Code Amendment No. 21-009

Amendments to the Zoning and Development Code (Chapter 30) of the City of Fontana Municipal Code to regulate urban lot splits and two-unit projects under Senate Bill 9.

Environmental
Determination:

This project is exempt pursuant to Section 15061 (b) (3) (General Rule Exemp tion), of the California Environmental Quality Act. and Section No. 3.07 of the 2019 Local Guidelines for Implementing CEQA.

Location of
Property:

Citywide

Date of
Hearing:

February 8, 2022
Place of
Hearing:

City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335

Time of
Hearing:
7:00 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]. Any interested part may send any public comments to the City Council by emailing [email protected].

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING CO MMISSION. A COPY OF THE APPLICATION AND

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

236

ATTACHMENT NO. 3

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.

237
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1103 Agenda Date: 1/18/2022
Agenda #: PH-A Category: Public Hearing
FROM:

Planning Department
TITLE:

Amendments to the Zoning and Development Code (Chapter 30) of the City of Fontana Municipal Code to regulate urban lot splits and two-unit projects under Senate Bill 9 RECOMMENDATION:

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

1. Determine that the project is exempt pursuant to Section 15061 (b) (3) (General Rule Exemption), of the California Environmental Quality Act. and Section No. 3.07 of the 2019 Local Guidelines for Implementing CEQA and direct staff to file the Notice of Exemption, and;

2. Approve Zoning Code Amendment (ZCA) 21-009 to amend the Zoning and Development Code (Chapter 30 of the Fontana Municipal Code) as shown in Exhibit A as referenced herein.

APPLICANT:

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

Citywide
REQUEST:

Adopt a resolution recommending the City Council:

1. Determine that the project is exempt pursuant to Section 15061 (b) (3) (General Rule Exemption), of the California Environmental Quality Act (CEQA) and Section No. 3.07 of the 2019 Local Guidelines for Implementing CEQA and direct staff to file the Notice of Exemption; and,

2. Adopt an Ordinance amending Chapter 30, Article II, Division 21 to add Subdivision IV to the City Municipal Code and amending Chapter 30, Article V, Division 4 to add Section 30-434.1 to regulate urban lot splits and two-unit projects under Senate Bill 9.

PROJECT PLANNER:

Cecily Session-Goins, Associate Planner
City of Fontana Printed on 1/13/2022Page 1 of 3
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16 ATTACHMENT NO. 4

File #: 21-1103 Agenda Date: 1/18/2022
Agenda #: PH-A Category: Public Hearing
BACKGROUND INFORMATION:

The California legislature recently passed, and Governor Newsom signed into law, Senate Bill 9 (“SB 9”). SB 9 went into effect on January 1, 2022 and requires the City to both: (1) allow any lot in a single-family residential zone to be split, roughly into halves, with resulting lots as small as 1,200 square feet and (2) allow any lot in a single-family residential zone to be developed with up to two single-family primary dwellings. SB 9 requires the City to approve eligible lot splits and two-unit projects ministerially (i.e., without discretionary review, conditions, or a hearing). Property owners can also utilize both of SB 9’sprovisions, meaning that an SB 9 lot split may be followed with an SB 9 two -unit project on each of the two new lots, resulting in four total dwellings on what was formerly one single-family residential lot - all with only ministerial approval.

PROJECT DESCRIPTION:

Proposed ordinance regulating Senate Bill 9 urban lot splits and two-unit developments.

ANALYSIS:

SB 9 was signed by Governor Newsom on September 16, 2021 and became effective January 1, 2022. On December 14, 2021, the City of Fontana City Council adopted an urgency ordinance regulating urban lot splits and two-unit projects, ahead of the statewide implementation on January 1, 2022. The urgency ordinance is in place temporarily until a permanent ordinance is adopted. The proposed ordinance will codify the standards to address the regulations guided by SB 9. Staff will continue to evaluate the implementation of the standards and will propose amendments in the future as needed to address any unforeseen issues that arise.

SB 9 allows cities to impose objective zoning, subdivision, and design standards (collectively “objective development standards”). An objective standard is a regulation that does not involve personal or subjective judgment and that is verifiable by reference to an external and uniform benchmark or criterion (e.g., a height limit).

Generally, the proposed ordinance is written to allow the city to exercise as much local control over SB 9 projects as state law allows. Among other things, the ordinance includes regulations governing the following:
· Location (Single-family residential zone; not in sensitive, dangerous, historic areas; not on rental property (within last 3 years)
· Lot Size (2,400 square feet min to split; 1,200 square feet min for resulting) · Lot Access (adjoin ROW)
· Unit Size (800 square feet max / du)
· Lot Coverage and Open Space (50 percent max and min, respectively) · Unit Height (16 feet max, unless lot is smaller than 2,000 square feet) · Setbacks (normal, except as necessary to allow two units at 800 square feet each; but no less than 4 feet side and rear)
· Use (residential-only, no short-term rental)
· Parking (one space, unless exempt by statute)
· Owner occupancy (three-year minimum on urban splits; permanent on two-unit projects) City of Fontana Printed on 1/13/2022Page 2 of 3
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17 ATTACHMENT NO. 4

File #: 21-1103 Agenda Date: 1/18/2022
Agenda #: PH-A Category: Public Hearing
· Architecture (must match other dwelling or dwellings on property; no direct lines of sight) · Utilities (direct connections to service providers; all underground) · Separate Conveyance Within a Lot (prohibited; no condos, no timeshares or separate-use co- ownerships)
· Deed Restriction (required; no short-term rental, non-residential use, or separate conveyance; development limited to SB 9 projects)
MOTION:

Recommend adoption of the ordinance to the City Council.

ATTACHMENTS:

1. Planning Commission Resolution

2. Exhibit A - SB 9 Code Amendment

3. Notice of Exemption

4. Public Hearing Notice
UNDER SEPARATE COVER:

None.

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18 ATTACHMENT NO. 4

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 A N ORDINANCE APPROVING
ZONING CODE AMENDMEN T ( ZCA) NO. 21-009 AMENDING
CHAPTER 30 OF THE FONTANA MUNICIPAL CODE TO
REGULATE SENATE BILL 9 URBAN LOT SPLITS A ND T WO-

UNIT DEVELOPMENTS
WHEREAS, notices required by st atute of the Fontana Cit y Code have been given as required; and

WHEREAS, the Planning Comm ission carefully considered all information pertaining to the p roposed Zoning Code Amendment, including the staff report, and all the information, evidence, and testimony presented at its public hearing on January 18, 2022; and

WHERAS, on January 18, 2022 , the Planning Commission received public testimony on Zoning Code Amendment (ZCA) No. 21-009 and determined that this project is exempt pursuant to Section 15061 (b) (3) (General Rule Exemp tion), of the California Environmental Quality Act (CEQA) and Secti on No. 3.07 of the 2019 Local G uidelines for Implementing CEQA.; and

WHEREAS, in 2021, the California Legislature approved, and the Go vernor signed into law Senate Bill 9 (“SB 9”), which among other t hings, adds Government Code s ection 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and

WHEREAS, SB 9 allows local agencies t o adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and

WHEREAS, on December 14, 2021, the City Council adopt ed an urgency ordinance regulating Senate Bill 9 (SB 9) urban lot splits and two-unit developments; and

WHEREAS, the City desires to amend its local regu latory scheme to comply with Government Cod e sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and
WHEREAS, the P lanning Commission finds that t he proposed amendments to the Municipal (Zoning) Code are consistent and compatible with the General Plan, and that the updates are consistent with State law; and

WHEREAS, the Planning Commissi on finds that the propo sed amendment to the Municipal Code will be in conformity with good land use practice an d is intended to facilitate ease of use and understandin g, as well as to establish appropriate development standards for the land use designations; and

WHEREAS, the Planning Commis sion finds tha t the proposed amendments to t he Municipal Code (Exhibit “A”) will not be detrimental to the public health , safety, and g eneral 19 ATTACHMENT NO. 4

Resolution PC No. 2022-_____

ATTACHMENT NO. 1

welfare, and will not adve rsely a ffect 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 Plann ing Comm ission her eby rec ommends that t he City Coun cil determine this project is exempt pursuant to Section 15061 (b) (3) (General Rule Exemption), of the California Environmental Quality Act. and Section No. 3.07 of the 2019 L ocal Guidelines for Implementing CEQA ; therefore, a Notice of Exemption has been prepared.

Section 3. Based on the foregoing , the Planning Commission hereby recommends that the City Council approve Zoning Code Amendme nt ( ZCA) No. 21-009 to adopt an ordinance amending the Municipal Code related to the implementation of SB 9 as indicated in “Exhibit A” as referenced herein.

Section 4. Regarding Custodia n of Recor d: The docum ents and materials th at constitute the record of proceedings on which thi s Resolution has been based are located at the Co mmunity Deve lopment Department – Planning D epartment, 8 353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code section 21081.6.

Section 5. The Secretary o f the Planning Commission shall certify to the a doption of this Resolution.

APPROVED AND ADO PTED by the Planni ng Comm ission of the City of Fontana, California, at a regular meeting held on this 18th day of January 2022.

City of Fontana

___________________________
Cathline Fort, Chairperson

ATTEST:

I, Idilio Sanche z, Secretary of the Planning Commission of the City of Fo ntana, California, do hereby certify that the foregoing resolution was duly and r egularly adopted by the Planning Commission at a regular meeting thereof, held on the 18th day of January 2022, by the following vote, to-wit:

20 ATTACHMENT NO. 4

Resolution PC No. 2022-_____

ATTACHMENT NO. 1

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________
Idilio Sanchez, Secretary
21 ATTACHMENT NO. 4

ATTACHMENT NO. 2

EXHIBIT A

Amendments to Municipal Code

City of Fontana Zoning and Development Code Chapter 30.0, Article II, Division 21, is hereby amended to add Subdivision IV to read in its entirety as follows:

Subdivision IV. – State-Mandated Subdivisions

Sec. 30-304. - Urban Lot Splits
(a) Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7. (b) Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section. (c) Application.
(1) Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
(2) An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(3) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
(d) Approval.
(1) An application for a parcel map for an urban lot split is approved or denied ministerially, by the Planning Director, without discretionary review. (2) A parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.
22 ATTACHMENT NO. 4

ATTACHMENT NO. 2
(3) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter. (4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
(e) Requirements. An urban lot split must satisfy each of the following requirements:
(1) Map Act Compliance.
(A) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section.
(B) If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:
(i) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(ii) The city has all the remedies available to it under the SMA, including but not limited to the following:
(I) An action to enjoin any attempt to sell, lease, or finance the property.
(II) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(III) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(IV) Record a notice of violation.
(V) Withhold any or all future permits and approvals.
(C) Notwithstanding section 66411.1 of the SMA, no dedication of rights-of- way or construction of offsite improvements is required for an urban lot split.
(2) Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot. 23 ATTACHMENT NO. 4

ATTACHMENT NO. 2
(3) Lot Location.
(A) The lot to be split is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
(iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
(vi) Within a 100-year flood hazard area, unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) Habitat for protected species.
(x) Land under conservation easement.
(B) The purpose of subpart (e)(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
(4) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor 24 ATTACHMENT NO. 4

ATTACHMENT NO. 2
may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
(5) No Prior Urban Lot Split.
(A) The lot to be split was not established through a prior urban lot split. (B) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
(6) No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income-restricted for households of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. (7) Lot Size.
(A) The lot to be split must be at least 2,400 square feet. (B) The resulting lots must each be at least 1,200 square feet. (C) Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
(8) Easements.
(A) The owner must enter into an easement agreement to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
(B) Each easement must be shown on the tentative parcel map. (C) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart (d)(2) above.
25 ATTACHMENT NO. 4

ATTACHMENT NO. 2
(D) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record. (9) Lot Access.
(A) Each resulting lot must adjoin the public right of way. (B) Each resulting lot must have frontage on the public right of way of at least 22 feet.
(10) Unit Standards.
(A) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 30-434.1 of this code, an ADU, or a JADU
(B) Unit Size.
(i) The total floor area of each primary dwelling that is developed on a resulting lot must be
(I) less than or equal to 800 square feet and
(II) more than 500 square feet.
(ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
(iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
(C) Height Restrictions.
(i) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back 26 ATTACHMENT NO. 4

ATTACHMENT NO. 2
by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback. (iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
(D) Lot Coverage. The lot must comply with the lot coverage limit imposed by the underlying zoning. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(E) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (e)(10)(E) above:
(I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same
dimensions as an existing legally established structure. (II) 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any
structure be less than four feet from a side or rear property line.
(iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 22 feet from the front property lines. The front setback area must:
(I) be kept free from all structures greater than three feet high; (II) be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(III) allow for vehicular and fire-safety access to the front structure.
(F) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
27 ATTACHMENT NO. 4

ATTACHMENT NO. 2
(i) The lot is located within one-half mile walking distance of either (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail transit service, or
(ic) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
(ii) The site is located within one block of a car-share vehicle location. (G) Architecture.
(i) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(ii) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(iii) All exterior lighting must be limited to down-lights. (iv) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(v) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
28 ATTACHMENT NO. 4

ATTACHMENT NO. 2
(H) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
(i) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall. (ii) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
(iii) All landscaping must be drought-tolerant.
(I) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected. (J) Utilities.
(i) Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider. (ii) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(K) Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use. (11) Fire-Hazard Mitigation Measures.
(A) A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) It must have direct access to a public right of way with a paved street and the ability to withstand 75,000 pounds of vehicle weight with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (iii) All enclosed structures on the site must have fire sprinklers. 29 ATTACHMENT NO. 4

ATTACHMENT NO. 2
(iv) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.
(v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
(B) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart (e)(11). The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application.
(12) Separate Conveyance.
(A) Within a resulting lot.
(i) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. (ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
(iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. (B) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
(13) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on any lot created by urban lot split.
(B) No STRs. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
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ATTACHMENT NO. 2
(C) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved. (14) Notice of Construction.
(A) At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized,
(ii) The anticipated start and end dates for construction, (iii) The hours of construction,
(iv) Contact information for the project manager (for construction- related complaints), and
(v) Contact information for the Building & Safety Department. (B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.

Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
(15) Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any non-residential use of the lots created by the urban lot split.
(C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.
(f) Specific Adverse Impacts.
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ATTACHMENT NO. 2
(1) Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(2) “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
(3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

IN THE LAND USE TITLE:

City of Fontana Zoning and Development Code Chapter 30.0, Article V, Division 4, is hereby amended to add Section 30-434.1 to read in its entirety as follows:

Section 30-434.1 Two-unit Projects
(a) Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21. (b) Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
(c) Application.
(1) Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
(2) An application for a two-unit project must be submitted on the city’s approved form.
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ATTACHMENT NO. 2
(3) The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application. (4) Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. (5) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
(d) Approval.
(1) An application for a two-unit project is approved or denied ministerially, by the Planning Director, without discretionary review.
(2) The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.
(3) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter. (4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
(e) Requirements. A two-unit project must satisfy each of the following requirements:
(1) Map Act Compliance. The lot must have been legally subdivided. (2) Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot. (3) Lot Location.
(A) The lot is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
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ATTACHMENT NO. 2
(iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
(vi) Within a 100-year flood hazard area, unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) Habitat for protected species.
(x) Land under conservation easement.
(B) The purpose of subpart (e)(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
(4) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
(5) No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income-restricted for households of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
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ATTACHMENT NO. 2
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. (6) Unit Standards.
(A) Quantity.
(i) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.
(ii) A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU ordinance.
(B) Unit Size.
(i) The total floor area of each primary dwelling built that is developed under this section must be
(I) less than or equal to 800 square feet and
(II) more than 500 square feet.
(ii) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project.

The unit may not be expanded.
(iii) A primary dwelling that was legally established prior to the two- unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project. (C) Height Restrictions.
(i) On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back 35 ATTACHMENT NO. 4

ATTACHMENT NO. 2
by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback. (iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.
(D) Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years. (E) Lot Coverage. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(F) Open Space. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(G) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (e)(6)(G) above:
(I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same
dimensions as an existing legally established structure. (II) 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any
structure be less than four feet from a side or rear property line.
(iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must conform to the front yard setback imposed by the underlying zoning. The front setback area must:
(I) be kept free from all structures greater than three feet high; (II) be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
36 ATTACHMENT NO. 4

ATTACHMENT NO. 2
(III) allow for vehicular and fire-safety access to the front structure.
(H) Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail transit service, or
(ic) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
(ii) The site is located within one block of a car-share vehicle location. (I) Architecture.
(i) If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(ii) If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(iii) All exterior lighting must be limited to down-lights. (iv) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property.

Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
37 ATTACHMENT NO. 4

ATTACHMENT NO. 2
(v) If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (J) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
(i) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall. (ii) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
(iii) All landscaping must be drought-tolerant.
(K) Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
(L) Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (M) Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.
(7) Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(A) It must have direct access to a public right of way with a paved street and the ability to withstand 75,000 pounds of vehicle weight, with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
38 ATTACHMENT NO. 4

ATTACHMENT NO. 2
(B) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (C) All enclosed structures on the site must have fire sprinklers. (D) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.
(E) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
(8) Separate Conveyance.
(A) Primary dwelling units on the lot may not be owned or conveyed separately from each other.
(B) Condominium airspace divisions and common interest developments are not permitted within the lot.
(C) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
(9) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on the lot. (B) No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.
(C) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.
(10) Notice of Construction.
(A) At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized,
(ii) The anticipated start and end dates for construction, (iii) The hours of construction,
39 ATTACHMENT NO. 4

ATTACHMENT NO. 2
(iv) Contact information for the project manager (for construction- related complaints), and
(v) Contact information for the Building & Safety Department. (B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.

Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
(11) Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any non-residential use of the lot. (C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.
(E) States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.
(f) Specific Adverse Impacts.
(1) Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(2) “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
40 ATTACHMENT NO. 4

ATTACHMENT NO. 2
(3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. (g) Remedies.

If a two-unit project violates any part of this code or any other legal requirement:
(1) The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
(2) The city may:
(A) Bring an action to enjoin any attempt to sell, lease, or finance the property. (B) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
(F) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code.
41 ATTACHMENT NO. 4

NOTICE OF EXEMPTION
ATTACHMENT NO. 3

PTO: 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. 21-117 and Zoning Code Amendment No. 21-009

2. Project Location - Specific: Citywide

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

4. Description of nature, purpose, and beneficiaries of Project: Amendment to the Zoning and Development Code (Chapter 30) of the Fontana Municipal Code to regulate urban lot splits and two-unit projects under Senate Bill 9.

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

6. Name of Person or Agency carrying out project: City of Fontana-Planning Department 8353 Sierra Avenue
Fontana, CA 92336

7. Exempt status: (Check one)
(a) _____ Ministerial project.
(b) _____ Not a project.
(c) _____ Emergency Project.
(d) __X__ Categorical Exemption. State type and class number: exemption pursuant to Section No. 15061(b)(3) (“common sense” exemption) of the California Environmental Quality Act (CEQA), and Section No. 3. 07 of the Local 2019 Guidelines for Implementing the California Environmental Quality Act.
(e) _____ Declared Emergency.
(f) _____ Statutory Exemption. State Code section number: _______________________ (g) _____ Other. Explanation: _______________________________________________

8. Reason why project was exempt: The proposed amendments to Chapter 30 of the Fontana Municipal Code do not have a direct potential for impacts on the built environment.

9. Contact Person: Cecily Session-Goins, Associate Planner Telephone: (909) 350-6723

Date Received for Filing: __________________________________ Rina Leung
Senior Planner
(Clerk Stamp Here)

42 ATTACHMENT NO. 4

ATTACHMENT NO. 4

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 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 wi th 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. 21-117 and Zoning Code Amendment No. 21-009

Amendments to the Zoning and Development Code (Chapter 30) of the City of Fontana Municipal Code to regulate urban lot splits and two-unit projects under Senate Bill 9.

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

Environmental
Determination:

This project is exempt pursuant to Section 15061 (b) (3) (General Rule Exemp tion), of the California Environmental Quality Act. and Section No. 3.07 of the 2019 Local Guidelines for Implementing CEQA.

Location of
Property:

Citywide

Date of
Hearing:

January 18, 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]

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. 43 ATTACHMENT NO. 4

ATTACHMENT NO. 4

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.

44 ATTACHMENT NO. 4

Planning Commission Minutes January 18, 2022

ATTACHMENT NO. 5

PUBLIC HEARINGS:

PH- A Amendments to the Zoning and Development Code (Chapter 30) of the City of Fontana Municipal Code to regulate urban lot splits and two-unit projects under Senate Bill 9.

Vice Chair Sangha opened the Public Hearing Item.

Cecily Session-Goins, Associate Planner presented the staff report.

The commission and staff discussed SB 9 and development standards.

The Public Hearing was closed.

The commission spoke to the challenges with SB 9, and expressed appreciation for the work of Cecily Session-Goins, Associate Planner.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2022 -001; and forward a recommendation to the City Council to:

1. Determine that the project is exempt pursuant to Section 15061 (b) (3) (General Rule Exemption), of the California Environmental Quality Act. and Section No. 3.07 of the 2019 Local Guidelines for Implementing CEQA and direct staff to file the Notice of Exemption, and;

2. Approve Zoning Code Amendment (ZCA) 21 -009 to amend the Zoning and Development Code (Chapter 30 of the Fontana Municipal Code) as shown in Exhibit A as referenced herein.

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

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

Absent: Chair Fort

267
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1137 Agenda Date: 2/8/2022
Agenda #: B. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Certificate of Appropriateness (MIS No. 21-020) to Construct a New Attached 488 Square Foot Residential Junior Accessory Dwelling Unit on a Site that has been Locally Designated as a Historical Resource as Listed in Chapter 5, Article XIII, Section 5-365 of the Fontana Municipal Code Located at 8350 Mango Avenue
RECOMMENDATION:

Adopt Resolution No. 2022-_____, a Resolution of the City Council of the City of Fontana, California, approving Certificate of Appropriateness (MIS No. 21-020) and determine that the project is Categorically Exempt pursuant to Sections 15303 (Class No. 3 New Construction) and 15332 (Class No. 32 Infill Development Project) of the California Environmental Quality Act (CEQA) and Section No. 3.22 of the 2019 Local Guidelines for implementing CEQA.

COUNCIL GOALS:
· To promote economic development by being business friendly at all levels of operation. · To promote economic development by concentrating on job creation. · To promote economic development by striving to constantly improve the city's competitiveness.

DISCUSSION:

Background:

The subject property was constructed in 1929. In January 1995, the property was added to the list of local historical resources within the City identified in Chapter 5, Article XIII, Section 5-365 of the Fontana Municipal Code (FMC) (see Attachment No. 5, City Council Ordinance No. 1146). This property was identified as a local resource based on the following criteria: unique Provincial Revival Cottage architecture; a unique location being included as the original Fontana township; and the home of Dr. Haldenman who was noted to be a leading dentist in Fontana.

Currently, the project site includes an existing 1,794 square foot single-family dwelling, an approximately 400 square foot garage, and a 1,200 square foot ADU with a 400 square foot garage; a Certificate of Appropriateness (MIS No. 19-012) was approved by the City Council in 2019 for the ADU and associated garage.

Analysis:

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Certificate of Appropriateness No. 21-020:

Chapter 5, Article XIII, Section 5-357 of the FMC requires approval of a Certificate of Appropriateness for the following: “Any alteration, restoration, rehabilitation, remodeling, construction, addition, change of use, demolition, relocation or removal of any designated or proposed historical resource or any improvement or object in a designated or proposed historical overlay district shall require a Certificate of Appropriateness from the City Council.” Based on this section the proposed JADU requires approval by the City Council.

Existing Site:

The site plan depicts an existing home with a detached garage located on the front portion of the property near Mango Avenue along with the previously approved ADU and attached two (2) car garage on the rear portion of the property with access from an existing alley on the back of the property. The proposed junior ADU will be attached to the rear of the existing single-family home.

Additionally, the site has an existing precision block wall at the south property line, chain link fencing on the north, and both chain link fencing and precision block on the rear (west). A low stucco block wall with decorative columns and caps is located along the front part of the property.

Proposed Construction:

The applicant, Ruben Ramirez, has applied for a second Certificate of Appropriateness for the construction of a new junior residential ADU (488 square feet) attached to the existing single-family residence. The junior ADU will be located at the rear of the existing single-family resident abutting the existing retreat room, bedrooms, and kitchen. The junior ADU will have a studio type of layout, which includes a kitchen, living room, dining room, and sleeping area Historical components of the existing house included its architectural style. This includes double single-hung windows, composition shingles (dark color), light color-scheme, and arched entrances.

The JADU will match the architectural style by providing a light color scheme, double single-hung windows, and a dark composition shingle on the roof. These architectural features complement the Provincial Revival Cottage architecture style.

Based on the City’sguidelines the JADU must meet the setback and parking requirements of the underline zone. Based on the proposed layout, the proposal complies with all parking and setback requirements in the Zoning the Development Code for ADUs.

Architectural Evaluation:

The architecture of the existing home that was built in 1929 is Provincial Revival Cottage includes cross gable roof tops, porch with an arch leading to the front entrance, stucco, arched window, and two (2) sets of double windows along the front façade. These elements and varied rooflines along with the porch and arch leading to the front entrance provide a sense of depth and interest for an aesthetically pleasing architecture style that is reflective of Provincial Revival Cottage design. The paint colors are proposed in earth tone colors of cream for the building and brown trim to match the existing house and garage. The proposed junior ADU has incorporated many elements that have City of Fontana Printed on 2/2/2022Page 2 of 3
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existing house and garage. The proposed junior ADU has incorporated many elements that have been included in the existing Provincial Revival Cottage home including cross gable roof tops, a porch to the ADU entrance, stucco, and windows along the front, side, and rear façade.

The proposed style and architectural elements of the junior ADU are similar to those of the existing home on the property and comply with the requirements cited in Section 5-359.2 (Construction) of the FMC for approval of a Certificate of Appropriateness. Section 5-359.2 of the FMC provides guidelines for new construction within the historical overlay district. The proposed junior ADU has been designed to match the existing house, including many elements that are included in the existing Provincial Revival Cottage home. Such elements include, light color scheme, two single-hung windows, and dark roofing material. The proposed project does not adversely affect the character of the site because the existing house will remain intact and will continue to be the prominent view from Mango Avenue. In addition, the proposed junior ADU has incorporated many elements that have been included in the existing Provincial Revival Cottage home that will make for a uniform architectural design.

FISCAL IMPACT:

None.

MOTION:

Accept Staff Recommendation.

ATTACHMENTS:

1. Attachment No. 1 - Vicinity Map

2. Attachment No. 2 - Site Plan

3. Attachment No. 3 - Floor Plan

4. Attachment No. 4 - Elevations

5. Attachment No. 5 - Ordinance No. 1146

6. Attachment No. 6 - City Council Resolution

7. Attachment No. 7 - Notice of Exemption

8. Attachment No. 8 - Public Hearing Notice
UNDER SEPARATE COVER:

1. 11 x 17 Plans
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ATTACHMENT NO. 1

N

VICINITY MAP

DATE: February 8, 2022

CASE: Certificate of Appropriateness (MIS)
No. 21-020

CITY OF FONTANA PLANNING DEPARTMENT
Project Site
271

ATTACHMENT NO. 2

SITE PLAN

DATE: February 8, 2022
CASE: Certificate of Appropriateness (MIS)
No. 21-020

CITY OF FONTANA PLANNING DEPARTMENT

CIT
NORTH
272

ATTACHMENT NO. 3

FLOOR PLAN

DATE: February 8, 2022
CASE: Certificate of Appropriateness (MIS)
No. 21-020

CITY OF FONTANA PLANNING DEPARTMENT

CIT
NORTH
273
ATTACHMENT NO. 4

ELEVATIONS

DATE: February 8, 2022
CASE: Certificate of Appropriateness (MIS)
No. 21-020

CITY OF FONTANA PLANNING DEPARTMENT

CIT
274
ATTACHMENT NO. 5
275
276
277
ATTACHMENT NO. 6

RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING CERTIFICATE OF APPRO PRIATENESS MIS NO. 21-020

AS CONDITIONED TO CONSTRUCT A JUNIOR ACCESSORY
DWELLING UNIT ON A SITE AT 8350 MANGO AVE (APN: 0192-032-26)

THAT HAS BEEN LOCALL Y DESIGNATED AS A HI STORICAL

RESOURCE
WHEREAS, the applicant submitted a Certificate of Appropriateness application on December 8, 2021, for a request to construc t a new attached 488 square foot residential junior accessory dwelling unit (JADU) on a site that has been locally designated as a historical resource listed in Chapter 5, Article XIII, Section 5-365 of the Fontana Municipal Code (FMC).

Project Applicant: Ruben Ramirez
8237 Wheeler Avenue
Fontana, CA 92335

Project Location: 8350 Mango Avenue (APN: 0192-032-26)

Site Area: 11,764 square feet

WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning;

WHEREAS, the existing single -family residential home and garage was constructed in the County of San Bernardino in 1929;
WHEREAS, the subject property was annexed into the City of Fontana as part of the incorporation of the City in June 25, 1952;
WHEREAS, on November 25, 1975 a bedroom expansion to the existing single- family residential home was approved and constructed on the so uthern portion of th e home;

WHEREAS, on January 17, 1995, the City Council approved Ordinance No. 1146 at a public hearing, which included this site among additional sites to be included in the list of designated local historical resources in Chapter 5, Article XIII, Section 5-365 of the FMC based on the criteria in Chapter 5, Article XIII, Section 5-355 of the FMC;

WHEREAS, Chapter 5, Article XIII, Section 5-357 of the FMC requires approval of a Certificate of Appropriateness of the follow ing: “Any alteration, restoration, rehabilitation, remodeling, construction, addition, change of use, demolition, relocation or removal of any designated or proposed historical resource or any improvement or object in a designated or proposed historical ov erlay district shall require a Certificate of Appropriateness from the City Council.”;
278
Resolution CC No. 2022-_____

WHEREAS, the project is categorically exempt pursuant to Sections 15303 (Class No. 3 New Construction) and 15332 (Class No. 32 Infill) of the California Environmental Quality Act (CEQA) and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA;

WHEREAS, Conditions of Approval have been prepared and attached hereto as Exhibit “A” for the Certificate of Appropriateness MIS No. 21-020; and

WHEREAS, the owners of property and occupants within 660 feet of the proposed project site were notified via public hearing notice mailer prior to the Public Hearing and notice was posted at City Hall;

WHEREAS, all other legal prerequisites to the adoption of this r esolution have occurred.

NOW, THEREFORE, the City Council RESOLVES as follows:

Section 1. The City of Fontana City Council hereby makes the following findings for approval of Certificate of Appropriateness MIS. No. 21-020 for the construction of the residential Junior Accessory Dwelling Unit (JADU) in accordance with 5-359(2) for “Findings for approval of Certificate of Appropriateness” of the FMC:

Finding No. 1 The proposed work conforms with the provisions of the Fontana City Code, State, and Federal law.

Finding of Fact: The pr oject site is currently developed with an existing locally designated historical structure and detached garage (Section 5-365 of the F MC) is located in the Residential Single Family (R -SF) General Plan Land Use designation and has a zoning designation of Form Based Code (FBC) – Single Family Residential (R -1), which allows for ADUs as a permitted use. The proposed project consists of review of Certificate of Appropriateness MIS No. 21-020 for the construction of a 488 square foot residential JADU to match the existing house on this site. The project meets or exceeds the criteria contained in the FMC, Zoning and Development Code, and State and Federal requirements regarding Building & Safety requirements for grading, circulation, landscaping, setbacks, design, etc. as described in the staff report and referenced herein.

Finding No. 2: That the proposed work is harmonious with and architecturally similar to existing structures and the surrounding
neighborhood. The extent of harmony shall be evaluated in terms of appropriateness of materials, scale, size, height, placement and use of the new building or structure in
relationship to exis ting structures and the surrounding 279
Resolution CC No. 2022-_____

neighborhood.

Finding of Fact: The proposed project is for the approval of the construction of a new 488 square foot residential JADU comprised of bathroom, kitchen, dining room, and living room that complies with all setback and development standards in the FMC and Zoning and Development Code. The site plan depicts an existing home with a detached garage located on the front portion of the property near Mango Avenue along with the existing ADU with an attached two (2) car garage on the rear portion of the property with access from an existing alley on the back of the property.

In addition, the proposed construction is compatible with the existing residential structure of Provincial Revival Cottage a rchitecture and surrounding neighborhood that is developed with 1920s t o 1960s architectural style s. Furthermore, the area is developed with a combination of single family and multiple family development. Thus, the existing home with the proposed JADU will be compatible to the established residential uses in the area. The proposed JADU will be in harmony in terms of materials, scale, size, height and placement of the new building in relationship to existing structures and the surrounding neighborhood.

Finding No. 3: The proposed alteration will retain the essential elements which make the resource or feature historically, archaeologically or culturally significant.

Finding of Fact: The existing home on the site was constructed in 1929 was added to the list of local historical resources in Section 5 -365 of FMC by City Council at a hearing on January 17, 1995 (Ordinance No. 1146) based on the criteria in Section 5-355 of FMC. This existing home on the subject property was noted at the City Council hearing in January 1995 to have th e following criteria as required by Section 5 -355 in the FMC: unique Provincial Revival Cottage architecture; a unique location being included as the original Fontana township; and the home of Dr. Haldenman who was noted t o be a leading dentist in Fontana.

The architecture of the existing home, which was built in 1929 , is Provincial Revival Cottage and includes cross gable roof tops, porch with an arch leading to the front entrance, stucco, arched window, and two (2) sets of double windows along the front façade. These elements and varied rooflines along with the porch and arch leading to the front entrance provides a sense of depth and interest for an aesthetically pleasing architecture that is reflective of Provincial Revival Cottage architecture. The paint colors are proposed in earth 280
Resolution CC No. 2022-_____

tone colors comprised of cream for the building and brown trim. The proposed attached JADU has incorporated many elements that have been included in the existing Provincial Revival Cottage home that also includes cross gable roof tops, stucco, and painted to match the existing home. Therefore, the proposed style and architectural elements of the JADU are similar to the existing home on the property, which is consistent with the requirement s cited in Section 5-359(2) of the FMC for approval of a Certificate of Appropriateness.

Furthermore, the proposed JADU has been designed to match the existing house, is attached to rear of the existing house, and will not be visible from Mango Avenue and the alley.

The site includes an existing precision block wall on the south, chain link fencing on the north, and both wrought iron slide gate and stucco block on the rear (west). Also, a low stucco block wall with decorative columns and caps is lo cated along the front p art of the property. The se walls are visible from Mango Avenue and are an integral part of the aesthetic value of the property; in that, they contribute to the historical content of the site overall.

The proposed project does not adversely affect the character of the site because the existing house along with the garage that is located on the front portion of the site will remain intact and will continue to be the prominent view from Mango Avenue ; thus, preserving its historical integrity.

Section 2. The project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15303 (Class No. 3 New Construction) and 15332 (Class No. 32 Infill) of the California Environmental Quality Act (CEQA) and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA.

Section 3. Based on the foregoing, the City Council of the City of Fontana hereby approves Certificate of Appropriateness MIS No. 21-020 subject to the Findings listed in Section 1 and the Conditions of Approval, which are attached as Exhibit “A” 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 21081.6.

Section 5. The Secretary of the City Council shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 8th day of February 2022.
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Resolution CC No. 2022-_____

READ AND APPROVED AS TO LEGAL FORM:

___________________________
City Attorney

I, Tonia Lewis, City Clerk of the City of Fontana, Ex-Officio Clerk of the City Council do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 8th day of February, 2022 by the following vote to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________
City Clerk of the City of Fontana

__________________________
Mayor of the City of Fontana

ATTEST:

__________________________
City Clerk

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Resolution CC No. 2022-_____

EXHIBIT “A”

PROJECT: Certificate of Appropriateness No. 21-020 DATE: February 8, 2022

LOCATION: 8350 Mango Ave (APN: 0192-032-26).

PLANNING DEPARTMENT:

1. This approval is for Certificate of Appropriateness No. 21-020 to construct a new 488 square foot attached junior residential accessory dwelling unit at the rear of the existing single-family house on a site that has been locally designated as a historical resource listed in Section 5-365 of the Fontana City Code.

2. Prior to the building permit issuance of the junior ADU, t he applicant shall meet the conditions of approval from MIS No. 19 -012, which includes the construction of a new block wall along the northern portion of the property.

3. The applicant shall work city staff regarding the design of the northern block wall and make additional improvements to the existing southern block wall to be redesigned in manner that is consistent with the architectural style and era of the existing 1929 home.

END OF CONDITIONS OF APPROVAL

283

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: Certificate of Appropriateness (MIS) No. 21-020

Project Location - Specific: 8350 Mango Ave (APN: 0192-032-26) (a) Project Location - City: Fontana, CA 92335
(b) Project Location - County: San Bernardino

1. Description of natur e, purpose, and beneficiaries o f Project: A request to construct a new 488 square foot residential junior accessory dwelling unit at the rear of the existing si ngle-family home on a site that has been locally designated as a historical resource listed in Section 5-365 of the Fontana City Code.

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

3. Name of Person or Agency carrying out project: Ruben Ramirez , 8237 Wheeler Ave, Fontana, CA 92335

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 Sections No. 15303 (Class No. 3 New Construction) and 15332 (Class No. 32 Infill) of the California Environmental Quality Act (CEQA) 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: _______________________________________________

5. Reason why project w as exempt: This project is for the approval for the construction of a residential junior accessory dwelling unit at the rear of an existing single -family home that has b een deemed as a local historical resource as designed by Section 5-365 of the Fontana City Cod e. Th is existing historical residential structure that was constructed in 192 9 with Provincial Revival Cottag e architecture will rem ain intact. The new junior accessory dwelling unit will be located behind the existing house and not visible from Mango Ave nue. A lso, it has incorporated f eatures to match the existing house with Provincial Revival Cottage architecture to preserve the historical content of this site.

6. Contact Person: Salvador Quintanilla, Associate Planner Telephone: (909) 350-6656

Date Received for Filing: __________________________________ DiTanyon Johnson
Principal Planner
(Clerk Stamp Here)
ATTACHMENT NO. 7
284
ATTACHMENT NO. 8

NOTICE OF PUBLIC HEARING

SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.

In compliance with Section 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 wi th 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 CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:

Certificate of Appropriateness (MIS) No. 21-020

A request for review of Certificate of Appropriateness No. 21-020 to construct a new 488 square foot residential junior accessory dwelling unit at the rear of an existing single-family home on a site that has been locally designated as a historical resource listed in Section 5-365 of the Fontana City Code.

Environmental
Determination:

This project has been determined to be Exempt pursuant to Sections 15303 (Class No. 3 New Construction) and 15332 (Class No. 32 Infill) of the California Environmental Quality Act (CEQA) and Section No. 3.2 2 of the 201 9 Local Guidelines for implementing CEQA.

Location of
Property:
8350 Mango Ave
APN: 0192-032-26

Date of Hearing: February 8, 2022
Place of
Hearing:

City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335

Time of
Hearing:
7:00 P.M.

Should you have any questions concerning this project, please contact Salvador Quintanilla, Associate Planner, at (909) 350-6656 or by email at [email protected] ANY INTERESTED PARTY MAY APPEAR AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION IN THE PLANNING DIVISION, CITY HALL.

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.

Project Site
285
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1150 Agenda Date: 2/8/2022
Agenda #: C. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

First Combined General Plan Amendments and Projects for the 1st Cycle of 2022; Part No. 1 - MCN21-063, Develop 100 Attached Condominium Units (Aragon West); and Part No. 2 - MCN21- 050, 6th Cycle Housing Element Update
RECOMMENDATION:

1.a Adopt Resolution No. 2022-____ (Part No. 1 of General Plan Amendment cycle No. 1 of 2022,) a Resolution of the City Council of the City of Fontana, adopting the Mitigated Negative Declaration pursuant to Section 15070 of the California Environmental Quality Act (CEQA) and Section 6.04 of the 2019 Local Guidelines for Implementing CEQA, approving General Plan Amendment No. 21-003 (Part No. 1 of General Plan Amendment cycle No. 1 of 2022) amending the General Plan Land Use designation on approximately 6.5 adjusted gross acres (APN: 0240-121-22) from Community- Commercial (C-C) to Residential Planned Community (R-PC) and remove the parcel from the Auto Center Overlay District, approving Tentative Tract Map No. 20441 (TTM NO. 21-002) to establish 1 00 condominium units and approving Design Review No. 21-024 for the development of 100 condominium homes with amenities, landscaping and parking; and

1.b Read by title only and waive further reading of and introduce Ordinance No. _____, an Ordinance of the City Council of the City of Fontana, approving an amendment to the Walnut Village Specific Plan to establish the Aragon West District within the Walnut Village Specific Plan, and that the reading of the title constitutes the first reading thereof; and

1.c Read by title only and waive further reading of and introduce Ordinance No. _____, an Ordinance of the City Council of the City of Fontana, approving an amendment to the Zoning Map removing the parcel at APN: 0240-121-22 from the Auto Center Overlay District, and that the reading of the title constitutes the first reading thereof.

2.a Adopt Resolution 2022-___, (Part No. 2 of General Plan Amendment cycle No. 1 of 2022) a Resolution of the City Council of the City of Fontana adopting the Addendum to the City of Fontana General Plan Environmental Impact Report (SCH No. 2016021099), pursuant to Section No. 15162 and 15164 of the California Environmental Quality Act (CEQA) and Section 8.06 of the 2019 Local Guidelines for Implementing CEQA, and approving General Plan Amendment No. 21-002 (Part No. 2 of General Plan Amendment cycle No. 1 of 2022) to amend Chapter 5 (Housing Element) of the 2015 City of Fontana Printed on 2/2/2022Page 1 of 10
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of General Plan Amendment cycle No. 1 of 2022) to amend Chapter 5 (Housing Element) of the 2015 -2035 General Plan and adopt the 2021-2029 6th cycle Housing Element; and,

2.b Adopt Resolution 2022-___, (Part No. 2 of General Plan Amendment cycle No. 1 of 2022,) a Resolution of the City Council of the City of Fontana adopting the Addendum to the City of Fontana General Plan Environmental Impact Report (SCH No. 2016021099), pursuant to Section No. 15162 and 15164 of the California Environmental Quality Act (CEQA) and Section 8.06 of the 2019 Local Guidelines for Implementing CEQA, approving General Plan Amendment No. 21-007 (Part No. 2 of General Plan Amendment cycle No. 1 of 2022) amending the General Plan land use map to change the general plan land use designation on multiple properties through the City to Multi-Family Medium/High Residential (R-MFMH), Multi-Family High Residential (R-MFH), and designate the boundary for the “R-4 Overlay” to accommodate the 2021-2029 RHNA allocation (issued by the Department of Housing and Community Development (HCD) and the Southern California Association of Governments (SCAG); and,

2.c Read by title only and waive further reading of and introduce Ordinance No. _____, an Ordinance of the City Council of the City of Fontana, approving changes to the Zoning District Map to change the zoning on multiple properties through the City to Multi-Family Medium/High Residential (R-4), Multi-Family High Residential (R-5) and designate the boundary for the “R-4 Overlay” to accommodate the 2021-2029 RHNA allocation and that the reading of the title constitutes the first reading thereof; and

2.d Read by title only and waive further reading of and introduce Ordinance No. _____, an Ordinance of the City Council of the City of Fontana, approving Zone Code Amendment No. 21-004 to amend Chapter 30 (Development Code) of the Municipal Code to establish an “R-4 Overlay” to allow for additional housing at the R-4 densities, and that the reading of the title constitutes the first reading thereof.

COUNCIL GOALS:
· To promote affordable housing by construction of high-quality multi-family housing which also serves to address the affordability needs of this community. · To preserve the local environment for generations to come and to create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.

DISCUSSION:

As required by state law, the City is limited to amending an element of the General Plan to no more than four (4) times in one (1) calendar year. Since the City receives multiple general plan amendment requests during the year, it is customary to combine the general plan amendment requests. This will City of Fontana Printed on 2/2/2022Page 2 of 10
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be the first combined general plan amendment for calendar year 2022.

This combined general plan amendment package includes two general plan amendments and their associated projects which has been designated as Part No. 1 and Part No. 2 to ensure that the multiple general plan amendments are approved together, thereby counting as one (1) approval in order to comply with state law requirements. Below is a discussion of the two (2) projects that are part of this amendment package.

DISCUSSION: Part No. 1 (Aragon West District)
Environmental Review Finding:

An Initial Study (IS) has been prepared for this project pursuant to the California Environmental Quality Act (CEQA), Section 15070. Technical studies were completed identifying mitigation measures to be incorporated in the project approval to reduce impacts to a level that is less than significant. Based on the information in the IS, which includes the mitigation measures, no significant impact is anticipated as a result of project implementation, and a Mitigated Negative Declaration has been prepared for the Planning Commission’sconsideration. The identified mitigation measures are referenced in the conditions of approval for the tentative tract map and design review.

Background:
· The project was heard at a duly noticed public hearing on December 7, 2021. The Planning Commission voted (5-0) to adopt Resolution PC No. 2021-45, thereby forwarding a recommendation of approval to the City Council.

General Information:

The applicant, Gordon Nichols, representing Frontier Enterprises, is proposing a General Plan Amendment No. 21-003, Specific Plan Amendment No. 21-006, Zone Change No. 21-005, Tentative Tract Map No. 20441 (TTM No. 21-002) and Design Review No. 21-024. The project site is approximately 6.5 adjusted gross acres and is located at the southwest corner of Sough Highland Avenue and Mango Avenue. Twenty (20) residential buildings are proposed with 100 attached condominium units. Currently, the project site consists of a vacant lot the developer plans on building the condominiums with garage parking, outdoor guest parking, landscaping and open space amenities.

The General Plan Amendment is a request to change the General Plan land use designation from Community Commercial (C-C) to Residential Planned Community (R-PC) and remove the project site from the Auto Center Overlay District. The Zone Change is a request to change the Zoning Ordinance text and Zoning District Map to remove the site from the Auto Center Overlay. The commercial General Plan and Auto Center Overlay District do not allow residential projects as the applicant is proposing; the R-PC General Plan land use designation and zoning district allows multi- family development. In addition, the project site is located within the Walnut Village Specific Plan and the applicant is proposing to establish the Aragon West District within the Specific Plan to permit the condominium project and establish the land use regulations and requirements. The tentative tract map request is to allow the developer to establish the multi-family units as condominiums to be sold individually. Lastly, the Design Review application is for the site review of the project to ensure the proposed development meets the requirements of the Aragon West District and Zoning and City of Fontana Printed on 2/2/2022Page 3 of 10
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proposed development meets the requirements of the Aragon West District and Zoning and Development Code.

General Plan Amendment No. 21-003 and Zone Change No. 21-005:

As previously mentioned, the applicant is requesting to change the General Plan land use designation from C-C to R-PC. This would allow the development of condominiums on the project site and allow the developer to establish the Aragon West District within the Walnut Village Specific Plan. General Plan goals promote a variety of housing and this amendment would be consistent with that intent.

The applicant is also proposing to remove the project site from the Auto Center Overlay District which require General Plan and Zoning Code amendments. Residential projects are not permitted within the Overlay District which is why the applicant is including this proposal in their application.

The Fontana Zoning and Development Code requires that the City Council find that this zone change promotes the goals of the General Plan. As previously stated, the proposed property is currently the Auto Center Overlay District. Development to the northwest is within the Auto Center Overlay District and provides a variety of commercial uses. Property to the south and east are single-family homes and are within the Walnut Grove District of the Walnut Village Specific Plan. This proposed zone change will be consistent with existing development in the area, will support the quality of life in the community, and is compatible with, and enhances the built environment as envisioned in the General Plan (Chapter 15, Goal No. 2) page 15-34:
· Goal No. 2 “Fontana development patterns support a high-quality of life and economic prosperity”.

This amendment to the General Plan Land Use Map and the Zoning District Map will accomplish the goals of the General Plan and the Fontana Zoning and Development Code. For reference, the existing and proposed General Plan Land Use Designations as attached under separate cover shows the configuration and relationships of the proposed land uses.

Tentative Tract Map No. 20441 (TTM No. 21-002):

The proposed Tentative Tract Map No. 20441 (TTM No. 21-002) is a request to allow the proposed 100 multi-family units to be established as condominium units to be sold separately. As recommended by the Planning Commission at the Public Hearing on December 7, 2021, the applicant has proposed walkway paseos, private park space, outdoor parking and two entry driveways. The proposed condominium site has an existing shopping center to the northwest and single-family residential homes to the south and east.

Design Review Project No. 21-024:

The project will meet the design standards of the Aragon West District of the Walnut Village Specific Plan and Zoning and Development Code. The proposed Spanish architecture is intended to provide attractive buildings with ‘S’tile roofs, roofed doorways, decorative windows, “pop-outs”,varied roof lines, banding, porches, porcelain tiles and recessed windows. Walkway paseos are incorporated throughout the site with landscaping for attractive pedestrian spaces. Amenities include half an acre City of Fontana Printed on 2/2/2022Page 4 of 10
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throughout the site with landscaping for attractive pedestrian spaces. Amenities include half an acre of pocket parks space with park furniture and a central park with bar-b-que and tot lot. Conditions of approval from the Fire Department were modified from the Planning Commission Resolution at the request of the Fire Department.

DISCUSSION: Part No. 2 (6th Cycle Housing Element Update) Environmental Review Finding:

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 Guidelines for Implementing CEQA, an Addendum to the City of Fontana General Plan Program Environmental Impact Report (State Clearinghouse [SCH] No. 2016020199) has been prepared for this proposed project. The aforementioned EIR adopted by the City Council on November 13, 2018, anticipated the proposed project and adequately identified any potential impacts associated with this project; therefore, a Notice of Determination has been prepared. Below is a link to the City of Fontana General Plan EIR:
<https://www.fontana.org/2632/General-Plan-Update-2015---2035> Background:
· On July 8, 2020, a joint City Council and Planning Commission study session was held to engage the Councilmembers and Commissioners on the Housing Element Update process, timeline, and State law requirements.

Additional public outreach included:
· On October 7, 2020, a virtual community workshop was held for the public. · An online community survey gathered feedback from October 6 to November 23, 2020. · On April 27, 2021 a joint City Council and Planning Commission study session was held to provide an update on the status of the Housing Element. · On, April 20, 2021, an Administrative Draft Copy of the Form-Based Code was provided to the Planning Commission
· On May 24, 2021, a second community workshop was held virtually to provide information on the Public Review Draft, which was release on May 19, 2021. · Property owner letters regarding the zone changes were provided on June 14, 2021, and November 9, 2021.
· The Planning Commission held a duly noticed public hearing on the draft Housing Element on January 18, 2022. The Planning Commission staff report and minutes of the meeting are included as Attachment No. 11 and 12. The Planning Commission voted unanimously (4-0) to forward a recommendation to the City Council to adopt Resolution PC No. 2022-02, thereby forwarding a recommendation of approval to the City Council.

PROJECT DESCRIPTION/ANALYSIS:

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General Plan Amendment No. 21-002:

As previously mentioned, the proposed general plan amendment is a request to amend Chapter 5 (Housing Element) of the 2015-2035 General Plan and adopt the 2021-2029 6th cycle Housing Element to incorporate goals, policies and actions which demonstrate the City's ability to accommodate its fair share of affordable housing for this planning period.

The California State Legislature mandates that all cities and counties adopt a comprehensive General Plan that will serve as the long-term plan for the physical development of the county or city, including a mandatory Housing Element which must be updated every eight years and is required by State law to be certified by the State of California's Department of Housing and Community Development (HCD). State law identifies information required to be included in the Housing Element; this information includes a Regional Housing Needs Assessment (RHNA). The Regional Housing Needs Assessment (RHNA) is mandated by State Housing Law as part of the periodic process of updating local housing elements of the General Plan. Ultimately, the Department of Housing and Community Development and the Southern California Associated Government (SCAG) developed a process allocating a certain amount of units to each jurisdiction within their region based number of statistical information. The RHNA for the City of Fontana is 17,519 units.

Furthermore, the RHNA quantifies the need for housing within each jurisdiction during specified planning periods (“cycles”).The current planning period ("Sixth cycle”) is for the years 2021-2029.

The RHNA identifies existing and future housing needs resulting from population, employment and household growth.

The table below displays the RHNA allocation for the 2021-2029 planning period.

The primary revisions made as part of the Sixth Cycle Housing Element Update include the following:
· Community Profile: Updates were made to reflect current data on population, demographics, employment trends, household characteristics, along with affordable housing and homeless prevention projects. Much of the data was derived from the Census and American City of Fontana Printed on 2/2/2022Page 6 of 10
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prevention projects. Much of the data was derived from the Census and American Community Survey, Department of Finance, Department of Economic Development and other locally available data.
· Constraints: A variety of governmental and non-governmental factors can constrain the development of housing. The Draft Housing Element provides an analysis of non- governmental (market conditions, cost of land, access to financing), governmental (land use controls, fees, procedures, regulations) and environmental (seismic, fire and flood hazards) conditions constraints to the development of housing.
· Affirmatively Furthering Fair Housing: All Housing Elements due on or after January 1, 2021 must contain an Assessment of Fair Housing (AFH) consistent with the core elements of the analysis required by the federal Affirmatively Further Fair Housing Final Rule of April 23, 2020.

The City developed a Draft Analysis of Impediments to Fair Housing for the years 2020-2024, the purpose of this document is to affirmatively further fair housing opportunities. The Housing Element utilizes local, state and federal data to further understand existing local contributing factors to fair housing issues.
· Goals, Policies and Programs: The majority of the goals, policies, and programs have remained the same since the 5th Cycle Housing Element. Some have been updated to reflect current practice and new strategies have been provided, such as express permitting for ADU plans and targeted outreach to local developers and stakeholders. Additionally, the policy plan identifies the three key rezone strategies to accommodate the City’sRHNA allocation. The proposed rezone strategies will be discussed further in the report. · Land Inventory: The most significant update included in the Sixth Cycle Draft Housing Element is the identification of sites to accommodate the Regional Housing Needs Assessment (RHNA). Housing Element Law does not require a jurisdiction to build housing units, but rather to identify and analyze specific sites that are available and suitable for residential development to accommodate the RHNA. In general, the City’sdraft site inventory includes potential sites within existing entitled specific plans, the downtown form-based code district, and near schools, transit access and essential retail throughout the City. · Public Participation: The City’sfirst draft of the Housing Element Update was released on May 19, 2021, for a 30-day public review period, which ended on June 18, 2021. About 80 written comments were received and uploaded to the City’sHousing Element Update webpage. All comments received are discussed in Appendix C of the Draft Housing Element. Public comments ranged from the need support for the document, a general need for affordable housing, support for special needs and senior housing and general questions and comments regarding the site selection. Based on a careful review of the comment letters, edits were incorporated into the Second Draft (see attached) prior to resubmittal to HCD.

General Plan Amendment No. 21-007:

This proposed General Plan Amendment is to update the General Plan land use map to change the general plan land use designation on approximately 170 properties throughout the city to Multi- Family Medium/High Residential (R-MFMH) and Multi-Family High Residential (R-MFH). These proposed changes to our General plan land use map are need to create more opportunities to satisfy City of Fontana Printed on 2/2/2022Page 7 of 10
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proposed changes to our General plan land use map are need to create more opportunities to satisfy our RHNA allocation at the low and very low income category, which are densities at the 30 du/ac or higher. The changes to the General Plan land use map (Exhibit B attached under separate cover) also include the establishment of an “R-4 Overlay” to allow the potential of development at the R- MFH density of 24.1 du/ac to 39 du/ac within a certain boundary. All these changes are shown as part of Exhibit “B”and are required in order to accommodate the 2021-2029 RHNA allocation (issued by the Department of Housing and Community Development (HCD) and the Southern California Association of Governments (SCAG). The R-MFMH density would allow for a maximum of 39 dwellings per acre and the R-MFH would allow for a maximum of 50 dwelling units per acre.

Combined, the total land use changes and rezones would satisfy the remaining RHNA need for the low and very low-income category. Table A below displays the total unit capacity on existing zoning in Fontana, the total capacity through the identified rezones and the percentage of units above to RHNA to create a buffer for the 2021-2029 planning period. **The existing site capacity and proposed rezones would provide the potential for 25,582 housing units which satisfy our RHNA number of 17,519 housing units.

Zone Change Amendment No 21-008:

The proposed zone change is to update the Zoning District Map to change the zoning on approximately 160 properties throughout the City to Multi-Family Medium/High Residential (R-4) and Multi-Family High Residential (R-5) consistent with the associated General Plan amendment on these sites. The changes to the Zoning district map also includes the establishment of an “R-4 Overlay” to allow the potential of development at the R-4 density of 24.1 du/ac to 39 du/ac within certain boundaries. The changes are shown as part of Exhibit “C”and are required to accommodate the 2021-2029 RHNA allocation (issued by the Department of Housing and Community Development (HCD) and the Southern California Association of Governments (SCAG). The R-4 density would City of Fontana Printed on 2/2/2022Page 8 of 10
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(HCD) and the Southern California Association of Governments (SCAG). The R-4 density would allow for a maximum of 39 dwellings per acre and the R-5 would allow for a maximum of 50 dwelling units per acre. Combined the total rezones would satisfy the City’sunmet low and very low RHNA allocation. The sites identified for rezone to R-4 and -R5 could accommodate an estimated 6,862 units.

Zone Code Amendment No. 21-004:

The proposed zone code amendment is to amendment to Chapter 30 (Zoning and Development Code) of the Municipal Code to establish an “R-4Overlay”to allow for additional housing at the R-4 densities as seen in Attachment No. 2 to accommodate the 2021-2029 RHNA allocation (issued by the Department of Housing and Community Development (HCD) and the Southern California Association of Governments (SCAG). The proposed overlay is optional to the property owners within the boundary. If a property owner wishes to take advantage of the R-4 overlay they would be required to follow the R-4 development standards that are currently in the Zoning and Development Code Staff submitted a draft of the Housing Element to HCD on October 22, 2021. On December 21, 2021, HCD provided written correspondence indicating that the draft element addressed many statutory requirements; however, revisions were necessary to fully comply with State Housing Element Law. Subsequently, the Draft Housing Element has been revised to address HCD’s comments of December 21, 2021 and the revised draft element has been resubmitted to HCD.

Although the Housing Element has not been certified by HCD it is recommended that the City Council adopt the Housing Element and the associated entitlements. Staff believes that the most recent revisions contained in the documents reviewed by the Planning Commission and provided herein for City Council approval address HCD’sremaining concerns and the requirements of state law. The adoption is recommended due to new housing element requirements set forth in Assembly Bill (AB) 1398. The new law states that jurisdictions that fail to adopt a substantially compliant housing element within 120 days of the statutory deadline of October 15, 2021, will have a shortened time frame of one year from the statutory deadline of October 15, 2021, to complete the required rezoning, instead of the current three years. As proposed, any minor changes that are requested by HCD to the Draft Housing Element could be made by the Director of Planning consistent with the goals and policies of the City of Fontana General Plan.

FISCAL IMPACT:

Part No. 1 - None
Part No. 2 - None
MOTION:

Approve staff recommendation.

ATTACHMENTS:

Attachment No. 1 (Part No. 1) City Council Resolution
Attachment No. 2 (Part No. 1) City Council Specific Plan Amendment Ordinance Attachment No. 3 (Part No. 1) City Council Zone Code Amendment Ordinance Attachment No. 4 (Part No. 1) Planning Commission Report for December 7, 2021 City of Fontana Printed on 2/2/2022Page 9 of 10
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Attachment No. 5 (Part No. 1) Planning Commission Minutes for December 7, 2021 Attachment No. 6 (Part No. 1) City Council Public Hearing Notice Attachment No. 7 (Part No. 2) City Council Resolution General Plan Change Attachment No. 8 (Part No. 2) City Council Resolution General Plan Change Attachment No. 9 (Part No. 2) City Council Ordinance Zone Change Attachment No. 10 (Part No. 2) City Council Ordinance Zone Code Amendment Attachment No. 11 (Part No. 2) Planning Commission Packet for January 18, 2022 Attachment No. 12 (Part No. 2) Planning Commission Minutes for January 18, 2022 Attachment No. 13 (Part No. 2) City Council Public Hearing Notice UNDER SEPARATE COVER:

1. (Part 1) - Tentative Tract Map No. 20441 and Design Review Package

2. (Part 1) - Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program

3. (Part 1) - Specific Plan Text Changes

4. (Part 2) - 6th Cycle Housing Element

5. (Part 2) - Proposed General Plan/Zoning designations

6. (Part 2) - Existing General Plan Designations

7. (Part 2) - Existing Zoning Designations

8. (Part 2) - Addendum
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ATTACHMENT NO. 1

RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING THE MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING REPORTING PROGRAM AND DIRECT ING

STAFF TO FILE THE NOTICE OF DETERMINATION PURSUANT TO
SECTION 15070 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND SECTION 6 .04 OF THE 2019 LOCA L GUIDELINES FOR

IMPLEMENTING CEQA AND ADOPT ING A RESOLUTION APPROVING
GENERAL PLAN AMENDMENT 21-003 (PART NO. 1 OF GENERAL PLAN AMENDMENT CYCLE 1 0F 2022) AND ADOPT A RESOLUTION
APPROVING TENTATIVE TRACT MAP NO. 20441 (TTM NO. 21-002), AND DESIGN REVIEW NO. 21 -024 FOR THE CONSTRUCTION OF ONE
HUNDRED CONDOMINIUM UNITS ON A LOT OF APPROXIMATELY 6.5 ADJUSTED GROSS ACRES.

WHEREAS, the City of Fontana General Plan was adopted by the City Council on November 13, 2018; and,
WHEREAS, on June 22, 2021, the applicant submitted a request for a General Plan Amendment No. 21-003 to change the land use designation from Community-Commercial (C-C) to Residential Planned Community (R -PC) on approximately 6.5 adjusted gross acres of a single parcel (APN: 0240-121-22) and to remove the parcel from the Auto Center Overlay District (see attached Exhibit “C”), a request for Tentative Tract Map No. 20441 (TTM No. 21 -002), to allow 100 multi -family units to be sold separately as condominium units, and Design Review Project No. 21 -024 for the site review of a 100 multi-family unit project with landscaping, parking and amenities; and

WHEREAS, all the notices required by statute and the Fontana City Code have been given as required; and

WHEREAS, the subject site includes one parcel that was annexed from San Bernardino County into the City of Fontana on October 8, 1981; and WHEREAS, on, December 7, 2021, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto on General Plan Amendment No. 21-003, Specific Plan Amendment No. 21 -006, Zoning Code Amendment No. 21 -005, Tentative Tract Map No. 20441 (TTM No. 21 -002) and Design Review No. 21 -024, and recommended its approval to the City Council by Resolution No. 2021-045; and

WHEREAS, on February 8, 2022, the City Council conducted a noticed public hearing on General Plan Amendment No. 21-003, Specific Plan Amendment No. 21-006, Zoning Code Amendment No. 21 -005, Tentative Tract Map No. 20441 (TTM No. 21 -002) and Design Review No. 21-024 received testimony from any and all parties, including the staff 296
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report and attached supporting documents from the Planning Commission public hearing on December 7, 2021, as well as testimony from the project applicant and others; and

WHEREAS, based on the information pres ented to the City Council at the public hearing held for General Plan Amendment No. 21-003, Specific Plan Amendment No. 21- 006 and Zoning Code Amendment No. 21 -005 along with other entitlements referred herein, the testimony received, and the supporting do cuments in evidence, the City Council found that the proposed amendment and project is in conformance with the goals and policies of the General Plan as referred herein; and

WHEREAS, the combined staff report includes three (3) general plan amendments associated with MCN 21-063 (Aragon West) and MCN 21-050 (6th Cycle Housing Element update ) as part of one motion to comply with state law; and WHEREAS, all impacts of the project were fully examined and mitigated , therefore, the preparation of a Mitigated Negative Declaration was the appropriate CEQA document to support the City’s consideration of the project, as outlined in CEQA Guidelines §15130.

The City Council finds that the Mitigated Negative Declaration contains a complete and accurate reporting of all the environmental impacts associated with the project and a Notice of Determination has been prepared for the City Council’s consideration; and

WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and

WHEREAS, Conditions of Approval have been prepared and are attached hereto as Exhibit “A” for Tentative Parcel Map No. 20441 (TTM No. 21-002) and Exhibit “B” for Design Review Project No. 21-24; and

Section 1. The City of Fontana City Council hereby makes the following findings for General Plan Amendment No. 21-003 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:

Finding: The purpose and intent is to keep an updated General Plan to reflect the current desires and needs of the citizens for the long- term growth of the City.

Findings of Fact: The applicant is proposing to change the General Plan Land Use Designation of the site from Community Commercial (C -C) to Residential-Planned Community (R -PC) and remove the site from the Auto Center Overlay District . This would allow for the construction of 100 condominium units as the applicant is proposing.

Currently, residents of Fontana and the Inland Empire are facing a housing shortage. The reclassification of this site from C -C to R-PC for this project will allow residents the opportunity to purchase high quality condominiums with Spa nish architecture, amenities and landscaping.

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Section 2. The City Council of the City of Fontana hereby makes the following findings for Tentative Tract Map No. 2 0441 (TTM No. 21-002) in accordance with Section 26-55 “Hearing; criteria for approval” of the Fontana Municipal Code:

Finding No. 1: The proposed map is consistent with the City’s General Plan and any applicable specific plan.

Finding of Fact: The Tentative Tract Map is a request for condominium units to b e established on a lot that is approximately 6.5 adjusted gross acres.

The project is proposed with attached multi -family residential units and is within the proposed density range of the Aragon West District of the Walnut Village Specific Plan . The propos ed lot would be consistent with the proposed General Plan designation for the project site and the regulations of the Zoning and Development Code and the Walnut Village Specific Plan.

Finding No. 2: The design or improvements of the proposed tentative tract map are consistent with the General Plan and applicable specific plan.

Finding of Fact: The design of the proposed project, as mentioned in Finding No. 1, above would be consistent with the General Plan . Street improvements including curb, gutter, and requirements of the Community Mobility and Circulation chapter of the General Plan, Subdivisions (Chapter 26), and the Zoning and Development Code (Chapter 30) have been met . 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.

Finding of Fact: The project size, shape, and topography are suitable for this type and density of development . The project site is approximately 6.5 adjusted gross acres and accommodates the proposed 100 attached multi-family units within the Aragon West District of the Walnut Village Spec ific Plan . All street improvements will be constructed pursuant to applicable building, zoning, and fire code standards, as mentioned in Finding No. 2 above . Access to this proposed project site will be provided by two (2) access points from South Highland Avenue, a Primary Highway and Mango Avenue, a Collector Street.

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 wild life or their habitat.

Finding of Fact: The design of the Tentative Tract Map and the proposed improvements as described in Finding No. 1 through Finding No. 3, complies with the City of Fontana’s Municipal Code requirements, 298
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Conditions of Approval (refer enced herein), and will not cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat . A Notice of Determination has been prepared for the proposed project pursuant to Section No. 15070 of the California Environmental Act (CEQA) and pursuant to Section No. 6.04 of the 2019 Local Guidelines for Implementing CEQA an Initial Study (IS), Mitigated Negative Declaration (MND), and Mitigation Monitoring and Reporting Program. The project is not anticipated to have a significant effect on the environment.

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

Finding 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 . The improvements associated with the subdivision such as street, curb, gutter, and sidewalk will be constructed and have been designed as part of this project pursuant to the Zoning and Development Code and Fontana Municipal Code.

Additional improvements such as water connection will be built pursuant to applicable building, zoning, and fire code standards; therefore, the project shall promote the public health, safety, and welfare of the surrounding community and will not cause public health problems . The project was reviewed by the Fontana Fire District and Building and Safety, and the appropriate conditions have been placed on the project.

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.

Finding of Fact: The design of the tentative tract map and improvements will not conflict with any access easements acquired by the public . The proposed project site will be accessed from South Highland Avenue, and Mango Avenue . Currently there are no other public access easements through or within the proposed subdivision.

Section 3. The City of Fontana City Council hereby makes the following findings for a Design Review Project No. 21-024 in accordance with Section 30 -111 of the Fontana Zoning and Development Code:

Finding No. 1: This proposal meets or exceeds the criteria contained in Division 2 of the Zoning and Development Code and will result in an appropriate and desirable development.

Findings of Fact: The project, as proposed, is a request for the City Council to approve the site and architectural design for the proposed 100 multi -family attached condominium units within the proposed Aragon West 299
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District of the Walnut Village Specific Plan. The units will be 1,418 square feet for two (2) bedroom unit and three (3) bedroom uni ts.

The project meets or exceeds the criteria contained in the Design Review section of the Zoning and Development Code and the requirements of the Walnut Village Specific Plan with approval of the proposed amendments. The proposed design is a Spanish style and consistent with the theme envisioned with the Aragon West District, resulting in a high -quality project desirable for the immediate community. The Design Review includes site and architectural review of an approximate 6.5 -acre site. If approved, the density will be 15.4 units per acre which is under the seventeen (17) units per acre limit of the amended specific plan. Additionally, 2.5 acres of active open space are pro posed including a tot lot and addition five (5) parks with furnishing . Paseos are p roposed with trees, shrubs and groundcover with broad spaces between buildings.

The project will be an appropriate and desirable development for the area. This project meets or exceeds the criteria contained in the Design Review section of the Fontana Zon ing and Development Code and the Walnut Village Specific Plan.

Finding No. 2: The proposal is in its design and appearance is aesthetically and architecturally pleasing while enhancing the character of the surrounding neighborhood.

Findings of Fact: The proposed attached condominium residential units reach a maximum height of twenty-eight (28) feet and five (5) inches . The architectural theme for the multi -family complex is described as Spanish with three color designs . Each color style will reflect l ight earth tone warm colors. Architectural relief utilized for the proposed project consists of roofed doorways, decorative window treatments, varied roof lines, architectural “pop -outs,” recessed windows, banding, porches, balconies, and other features ap propriate to the Spanish theme. The use of a variety of colors and decorative shutters of a contrasting color and pot shelves on balconies will further add architectural diversity to each plan. All units are designed with concrete tile roofing material coordinated to match the color scheme of the project elevation. All Plans are proposed as t wo (2) story structures. Additionally, garage doors will incorporate varied door colors, windows and patterns appropriate for each plan.

Landscaping is included to provide shade, screening and to beautify the site. The architecture proposed is Spanish, which is consistent with the requirements in the Walnut Village Specific Plan. Decorative gables and porcelain tile are used to enhance the design.

Finding No. 3: The site improvements are appropriate and will result in a safe, well designed facility.
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Findings of Fact: The proposed development complies with the proposed Walnut Village Specific Plan and Zoning and Development Code . The improvements include sewer and storm drain systems, site circulation, parking, landscaping, parks, lighting, driveways, sidewalks and decorative paving , which are appropriate and will result in a well designed facility.

Finding No. 4: The proposal is consistent with the General Plan and applicable Specific Plan.

Findings of Fact: The proposed General Plan land use designation Residential Planned Community (R -PC) provides for a consistent blend of residential development and is intended to accommodate multi - family housing. The proposed project is within the Walnut Village Specific Plan and will have an average density of 15.4 dwelling units per acre. With approval of the associated General Plan and Specific Plan amendments, the proposed project will be consistent with the General Plan and applicable Specific Plan.

Finding No. 5: The proposal promotes the public health, safety, and welfare of the community.

Findings of Fact: The proposed project as described in the above findings will result in the construction of 100 attached units. All new improvements such as driveways, streets, sid ewalks, drive aisles, and setbacks will comply with all applicable building, zoning, and fire codes and standards, and therefore, shall promote the public health, safety, and welfare of the surrounding community.

NOW, THEREFORE, the City Council RESOLVES as follows:

Section 4. Compliance with California Environmental Quality Act . The City Council hereby adopts the Mitigated Negative Declaration forn the proposed project . The City Council finds that the Mitigated Negative Declaration contains a complete and accurate reporting of all the environmental impacts associated with the Project . The City Council further finds that the Mitigated Negative Declaration has been completed in compliance with CEQA, 2019 Local Guidelines for Implementing the California Environmental Quality Act, and the State CEQA Guidelines.

Section 5. Based on the foregoing, the City Council of the City of Fontana hereby approves General Plan Amendment No. 2 1-003 attached as Exhibit “ C” to this Resolution and incorporated herein by this reference.

Section 6. Based on the foregoing, the City Council of the City of Fontana hereby approves Tentative Tract Map No. 20441, (TTM No. 21-002) subject to the Conditions of Approval, which are attached hereto as Exhibit “A” and Design Review No. 21-024 301
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subject to the Conditions of Approval, which are attached hereto as Exhibit “B” to this Resolution and incorporated herein by this reference.

Section 7. 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 Community Development Department – Planning Division, 8353 Sierra Avenue, Fontana, CA 92335 . This information is provided in compliance with Public Resources Code section 21081.6.

APPROVED AND ADOPTED this 8th day of February 2022.

READ AND APPROVED AS TO LEGAL FORM;

_____________________
City Attorney

ATTEST:

I, Tonia Lewis, City Clerk of the City of Fontana and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on the 8th day of February 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

______________________________________
City Clerk
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Exhibit “A”

CITY OF FONTANA

CONDITIONS OF APPROVAL

PROJECT: Master Case No. (MCN) 21-063 DATE: February 8, 2022 Tentative Tract Map No. 20441 (TTM No. 21-002)

LOCATION: The project site is located on the southwest corner of South Highland Avenue and Mango Avenue (APN: 0240 -121-22) within the Walnut Village Specific Plan.

PLANNING DEPARTMENT:

1. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until both of the following have occurred:

A. All of the improvements, construction, alteration and other work set forth in this project have been completed and have been accepted by th e 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.

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

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. 303
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The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval.

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

3. 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 Sections No. 30-23 of the Municipal Code.

4. This tentative tract map shall comply with all applicable development standards of Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development Code) of the Municipal Codes of the City of Fontana and the Subdivision Map Act.

5. 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. A note to this effect shall be placed on the map prior to recordation of the final map.

6. All temporary signs (banners, wind flags, etc.) shall not be placed on the property unless the proper permits are obtained.

7. This Tentative Tract Map shall become null and void two (2) years from the date of approval as outlined by Section 26-58 of the Municipal Code, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of cons truction of the primary building on site, and successful completion of the first Building and Safety Department inspection, has commenced within this period.

8. This project shall comply with all applicable provisions, regulations and development standards of the City of Fontana Municipal Code.

9. After the fifteen (15) day appeal period, the applicant shall remove the notice of Filing sign from the project site. The applicant may request a refund of the $300 sign deposit. The request shall be submitted to the Planning Department.

10. The applicant/developer shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration Mitigation Monitoring and Reporting Program.

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ENGINEERING:

11. 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.

12. 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.

13. It is the Applicant’s responsibility to maintain all improvements and utilities within the public right-of-way, including street sweeping, prior to final acceptance by the City.

Where applicable, the appli cant must provide provisional street sweeping schedules to the City.

PRIOR TO ISSUANCE OF GRADING PERMIT

14. Applicant shall submit and gain approval of a complete WQMP Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

PRIOR TO MAP RECORDATION

15. A Security to guarantee the proper setting of all survey monuments within the project limits, and replacement of any existing survey monuments damaged or removed during construction; will be collected during the bond and agreement process. Survey monuments shall be placed as required by plans and corner records must be recorded with the County.

PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS

16. Record tract map (for condominium purposes) required for the development.

17. Applicant shall provide a Subdivision Improvement Agreement with accompanying security.

PRIOR TO CERTIFICATE OF OCCUPANCEY

18. Traffic signal modification at the South Highland Avenue driveway entry must be complete and fully functional.

PRIOR TO FINAL ACCEPTANCE OF PROJECT

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

20. 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).

21. All underground utilities (sewer and storm drain) shall be video inspected by applicant/contractor. Sewer video shall include clean -out connection, clean -out to 305
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lateral segment, lateral, and main line. Videos to be inspected and approved by City Inspection. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff. If remov al and replacement of any utility is required, a subsequent video of the repair will be required.

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

END OF CONDITIONS OF APPROVAL

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EXHIBIT “B”

CITY OF FONTANA

CONDITIONS OF APPROVAL

PROJECT: Master Case No. (MCN) 21-063 DATE: February 8, 2022 Design Review Project No. 21-024

LOCATION: The project site is located on the southwest corner of South Highland Avenue and Mango Avenue (APN: 0240 -121-22) within the Walnut Village Specific Plan.

PLANNING DEPARTMENT:

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

2. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set as ide, 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 i ncurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

Except as required under applicable State and Federal law, the City of Fontana and the applicant acknowledge that t he 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 307
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of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or mon etary 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 project shall comply with all applicable provisions, regulations and development standards of the Fontana Zoning and Development Code.

4. A Register of Professional Archaeologists (RPA) -qualified archeologist experienced with Native American artifact identification and approved by the City of Fonta na shall be present to monitor the first two (2) days of site preparation/ grubbing; the first two (2) days of mass grading; and the first two (2) days of utility trenching. Such monitoring activities may be reduced or terminated depending on the findings and recommendations of the archeologist. In the event that prehistoric or historic cultural resources be uncovered during these activities, representatives of the tribal entity(s) whom consider the project site to be within their traditional use area shall be contacted and invited to the site to review the find, and monitoring shall be continued at the discretion of archeologist.

5. 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 o r 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 implemen tation 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 u nnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken.

Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American archaeological sites in southern 308
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California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

6. 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 weekday, 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 No. 18 -63(7) of the Municipal Code. 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.

B. 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.

C. Have only necessary equipment onsite.

D. 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:

E. Install portable noise barriers, including solid structures and noise blan kets, between the active noise sources and the nearest noise receivers.

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.

7. Any foam treatment used for architecture treatments and/or projections located on the first floor shall be covered with concrete or similar durable material a minimum of ¼ inch thick, or as determined by the Director of Community Development.

8. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions, signed by the property owner or legal representative, shall be placed on a sheet in the final building and gr ading plans prior to issuance of any building or grading permits.

9. The current development fees must be paid prior to issuance of building/construction permits.

10. 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 Sections No. 30 -30 and Sections No. 30-31 of the Municipal Code.

11. The developer shall provide clustered and/or individual mail box(es) for the delivery of mail to future residents of the development in a convenient location that does not block 309
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the line of sight. The mail boxes shall be made o f durable material and shall be installed in a manner that is resistant to vandalism and meets the requirements of the Post Office. The Post Office currently approves freestanding mailboxes that are F - series and wall-mounted boxes that are 4C series. The developer is responsible for contacting the Post Office for the type and location of the mail boxes within their development. Any replacements of the mail boxes subsequent to the original installation shall be the responsibility of the developer, each in dividual homeowner and/or the homeowners association, and the Post Office.

12. There shall be five (5) feet of landscaping and two (2) feet of decorative concrete for passengers to step out of vehicles, total of seven (7) feet, at end of automobile parking aisles.

13. All park space and open space areas shall have furnishings such as BBQ’s, bike racks, tot lots, benches, tables, dog park, and water fountains to the satisfaction of the Director of Planning.

14. Adequate visual screening shall be provided adjacent to the interior lots to the south and west of the project site and provided by the developer. Screening shall be provided by a combination of trees and block wall up to nine (9) feet high above grade on the project side to the satisfaction of the Director of Planning.

15. A monument sign shall be constructed at the intersection of Mango Avenue and South Highland Avenue and match the design of the site to the satisfaction of the Director of Planning.

16. Carriage lights shall be a minimum of 18 inches in height and place d on each side of all garage doors.

17. Landscaping shall include:

A. 24-inch Tree Boxes shall be planted in parking area and along project perimeter facing Mango Avenue and South Highland.

B. One shrub shall be required for each nine (9) square feet of planter area. Shrub sizes shall vary, with 50 percent being a minimum of five (5) gallon, and 50 percent being a minimum of one (1) gallon.

C. Groundcover shall be planted 12 inches on center so that coverage is achieved within one year of initial planting. Such planting shall be done to the satisfaction of the Director of Planning/City Engineer or his/her designee.

18. The applicant/developer shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration Mitigation Monitoring and Rep orting Program.

PRIOR TO CERTIFICATE OF OCCUPANCY

19. The applicant shall have fully provided, constructed, or otherwise meet all Planning Division’s requirements per approved plans, and shall have addressed all punch list items to the satisfaction of the Director of Planning.

Public Works Department:
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20. All landscape and irrigation plans shall comply with the City of Fontana Standard Specifications.

21. Provide a CFD exhibit showing all proposed letter lots, Landscape Medians, WQMP and any existing and proposed street lights.

22. Maintain Intersection Sight Distance for all intersections (City Standard Drawing 140) taking into account plant height, elevation changes, monument walls, garden and retaining walls. Accumulative height shall not exceed thirty (30) inches.

23. All landscape and irrigation design shall incorporate drought tolerant plant materials and water efficient irrigation systems. (Ordinance #1087) Article IV Sec. 28-91 F.C.C. and AB 1881Ordinance.

24. City Landscape Inspector is responsible for stree tscape inspections and final recommendation for acceptance of all Landscape areas and parks.

25. Street trees are required to be planted in accordance with city standards. Species to be selected by Landscape Architect and approved by Landscape Development and Parks and Landscape Department.

26. Walls with in the landscape areas or park areas shall be coated with Victrocem anti - graffiti coating or as directed by city staff during plan check.

27. Parks shall be design with the input of the Parks and landscape Department . Parks shall be design per the Public Works Park Design Standards.

28. The developer shall submit to the Parks and Landscape Department the following for plan check:

A. Landscape Submittal Form (completely filled out)
B. Two (2) complete sets of planting and irrig ation plans, details and specifications.

C. Conceptual Landscape Design Plan as approved by the Development Advisory Board and/or Planning Commission.

D. Two (2) sets of Cost Estimates
E. CFD quantity estimate form
F. One (1) set of the Conditions of Approval fr om D.A.B and/or the Planning Commission
G. Water Conservation Landscape Package if applicable
(Landscape and Construction must be approved prior to issuance of building/construction permits)

29. A landscape plan and installation schedule in accordance with City Guidelines and Specifications for all areas between any curb and right of way line or perimeter wall shall be submitted to and approved by the City. The plans shall show that safe sight distance standards are met and indicate topographical information , plant species, sizes and location, and also show the related irrigation system/controls and water meter service points.
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POLICE DEPARTMENT:

30. The Standard Building Security Specifications of the Fontana Police Department shall be adhered to.

31. Bollard lighting shall be incorporated into sidewalks located between solid walls. The light measurement shall meet or exceed the minimum light requirement of one (1) foot candle.

32. A locator map or directory shall be posted at site entrances. The directo ry shall be located on the site so as to be easily and quickly identified and free from visual obstruction. The directory shall be illuminated from dusk until dawn. The directory shall have vandal resistant glazing to minimize criminal damage and the structure shall be weather resistant.

33. Community address numbers and complex numbers shall be visible from the public right-of-way and interior walkways and drive aisles.

34. The City standard of one -foot candle minimum for all entrances, exits, pedestrian paths, parking lots, and activity areas (amenities) shall be adhered to at all times. All areas shall be illuminated during all hours of darkness and all luminaries utilized shall be vandal-resistant fixtures. The type of lighting shall be fluorescent, white L.E.D.s or metal halide.

ENGINEERING LAND DEVELOPMENT:

35. 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.

36. 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.

37. It is the Applicant’s responsibility to maintain all improvements and utilities within the public right-of-way, including street sweeping, prior to final acceptance by the City.

Where applicable, the applicant must provide provisional street sweeping schedules to the City.

PRIOR TO ISSUANCE OF GRADING PERMIT

38. Applicant shall submit and gain approval of a complete WQMP Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

PRIOR TO MAP RECORDATION

39. A Security to guarantee the proper setting of all survey monuments within the project limits, and replacement of any existing survey monuments damaged or removed during construction; will be collected during the bond and agreement process. Survey monuments shall be placed as required by plans and corner records must be recorded with the County.
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PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS

40. Record tract map (for condominium purposes) required for the development.

41. Applicant shall provide a Subdivision Improvement Agreement with accompanying security.

PRIOR TO CERTIFICATE OF OCCUPANCEY

42. Traffic signal modification at the South Hi ghland Avenue driveway entry must be complete and fully functional.

PRIOR TO FINAL ACCEPTANCE OF PROJECT

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

44. 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).

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

46. Applicant/Engineer of Record sh all submit a conforming copy of the recorded Memorandum of Agreement for the Water Quality Management Plan and Storm Water BMP Transfer. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.

BUILDING & SAFETY:

47. Shall comply 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

48. Automatic fire suppression systems shall be installed in all new construction per Article II, Chapter 11 of the Code of the City of Fontana. Design and type of system shall be 313
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based upon the requirements of the Building Code, Fire Code and the requirements of the Fontana Fire Prevention District.

49. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code.

50. All perimeter/boundary walls shall be 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.

51. All lot lines, easement lines, etc. shall be located and/or relocated in such a manner as to not cause any existing structure to become non-conforming with the requirements of the latest adopted edition of the Building Code, or any other applicable law, ordinance, or code.

52. The Tract or Parcel map shall be recorded prior to the issuance of any building permit.

53. 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 – public street, 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 314
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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.

54. All signs shall be Underwriters Laboratories approved, or equal.

55. Permits are required prior to the removal and/or demolition of structures.

56. All exterior lighting shall be orientated, 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

57. The following items (as applicable) 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 approve
b. Rough grading completed
c. Compaction certification
d. Pad elevation certification
e. Rough grade inspection signed off by a City Building Inspector

SAN BERNARDINO COUNTY FIRE DEPARTMENT:

58. 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.

59. 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
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60. 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

61. 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

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

63. 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
The Fire Flow for t his project shall be: 1500 GPM for a 2 hour duration at 20 psi residual operating pressure. Fire Flow is based on a 11843 sq foot. structure.

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

65. 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.

66. Combustible Protection. Prior to combustibles being placed on the project si te 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

67. Combustible Native Vegetation. Combustible native vegetation shall be removed as follows: Where the average slope of the site is less than 15%, combustible vegetation shall be removed a minimum distance of thirty (30) feet from all structures or to the property line, whichever is less. Where the average slope of the site is 15% or greater, combustible vegetation shall be removed a minimum one hundred (100) 316
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feet from all structures or to the property line, whichever is less. (Removed by Fire Department)

68. 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. (Removed by Fire Department)

69. Fire Sprinkler-NFPA #13D. An automatic life safety fire sprinkler system complying with NFPA 13D 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 903D.

70. 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

71. 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 FA -E. (Removed by Fire Department)

72. 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.

73. 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.

74. Commercial Addressing. Commercial, and 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 317
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contrasting six (6) inch numbers shall be displayed at the property access entrances.

SBCFD Standard 505.1 (Modified by Fire Department)

75. Commercial (large facility) Addressing. Commercial and industrial developments in excess of 100,000 sq. ft. shall have the street address installed on the building with numbers that are a minimum twelve (12) inches in height and with a one and one half (1 ½) 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 901.4.4 (Removed by Fire Department)

76. Residential Addressing. The street address shall be installed on the building with numbers that are a minimum of four (4) inches in height and with a one half (½) inch stroke. The address shall be visible from the street. During the hours of darkness, the numbers shall be int ernally and electrically illuminated with a low voltage power source. Numbers shall contrast with their background and be legible from the street.

Where the building is fifty (50) feet or more from the roadway, additional contrasting four (4) inch numbers shall be displayed at the property access entrances. California Fire Code sec. 505, SBCFD Standard 505.1

77. 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 to a multi-family complex an illuminated diagrammatic representation of the complex, which shows the location of each unit and each fire hydrant. SBCFD Standard 505.1

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

79. 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

80. Secondary Access. The development shall have a minimum of 2 points of vehicular access during each ph ase of construction for fire and emergency access purposes and for evacuation routes. SBCFD Standard 503.1 (Modified by Fire Department) (Modified by Fire Department)

81. 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.

END OF CONDITIONS OF APPROVAL

318
Resolution No. 2022-_____

“EXHIBIT C”

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319
Resolution No. 2022-_____

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320
ATTACHMENT NO. 2
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FONTANA APPROVING SPECIFIC PLAN AMENDMENT NO. 21-006,
TO REMOVE THE PROJECT SITE AT APN : 0240-121-22 FROM THE

CORNER DISTRICT OF THE WALNUT VILLAGE SPECIFIC PLAN AND

ESTABLISH THE ARAGON WEST DISTRICT TO ALLOW MULTI -
FAMILY RESIDENTIAL PROJECTS.

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

WHEREAS, the applicant submitted a request for Specific Plan Amendment No. 21-006, to remove the project site at APN: 0240 -121-22 from the Corner District of the Walnut Village Specific Plan and establish the Aragon West District to allow multi -family development; and
WHEREAS, on December 7, 202 1, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto on Specific Plan Amendment No. 21-006 along with accompanying applications; and
WHEREAS, on December 7, 2021, the Planning Commission voted 5-0 to approve Resolution No. PC 2021-45 and recommended approval to City Council of Specific Plan Amendment No. 21-006 along with accompanying applications that include: General Plan Amendment No. 21-003, Tentative Tract Map No. 20 441 (TTM No. 21-002) and Design Review No. 2 1-024 and after carefully consider ing all information pertaining to the proposed project, including the staff report, findings, and all of the information, evidence, and testimony presented at its public hearings on December 7, 2021; and

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

Section 1. On December 7, 2021 , the City Council held a duly noticed public hearing on Specific Plan Amendment No. 21-006 along with the entitlement s referenced herein, received testimony, and the supporting documents in evidence, the City Council found that the Specific Plan Amendment is in conformance with the goals and policies of the General Plan to provide a community that is balanced between residential, commercial, and industrial that is developed to high standards and provides diverse economic and social opportunities for our citizens and those who wish to invest here; and Section 2. The City of Fontana City Council hereby makes the following findings for Specific Plan Amendment No. 21-006 in accordance with Section 30-67 “Purpose” of the Fontana Zoning and Development Code:

Finding: A Specific Plan may be amended by changing the development standards or zoning designation of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted 321
Ordinance No.___

planning principles, surrounding land uses, and the General Plan.

Findings of Fact: The applicant is proposing to modify the Walnut Village Specific Plan to establish the Aragon West District . This District will require attractive development with quality Spanish architecture, vast landscaping, ample amenities for residents, housing needs and pedestrian paseos to promote walkability. This type of development will enhance the local areas with an attractive street scene and high- quality residential community between the commercial center to the north and residential area to the south.

Section 3. The City Council hereby adopts the Mitigated Negative Declaration on the propose d project. The City Council finds that the Mitigated Negative Declaration contains a complete and accurate reporting of all the environmental impacts associated with the Project. The City Council further finds that the Mitigated Negative Declaration has been completed in compliance with CEQA, 2019 Local Guidelines for Implementing the California Environmental Quality Act, and the State CEQA Guidelines; and Section 4. Specific Plan Amendment No. 21-006 is hereby approved and the Walnut Village Specific Plan is amended for residential standards for the Aragon West District as shown on Exhibit “A”, and attached hereto and by this reference incorporated; and
Section 5. This Ordinance shall take effect thirty (30) days after the date of its adoption.

APPROVED AND ADOPTED this 22nd day of February 2022.

READ AND APPROVED AS TO LEGAL FORM:

_________________________________________
City Attorney

I, Tonia Lewis, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 8th day of February, 2022, and was finally passed and adopted not less than five days thereafter on the 22nd day of February, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

_________________________________________
322
Ordinance No.___

City Clerk of the City of Fontana

_________________________________________
Mayor of the City of Fontana

ATTEST:

_________________________________________
City Clerk
323

Exhibit “A”

Walnut Village Specific Plan Text and Land Use Map
Amendment

(See Separate Cover)
324
ATTACHMENT NO. 3

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING ZONE CHANGE NO. 21-005 TO REMOVE THE PARCEL
AT APN: 0240-121-22 FROM THE AUTO CENTER OVERLAY
DISTRICT.

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

WHEREAS, the applicant submitted a request for Zone Change Amendment No. 21-005, to remove the parcel at APN: 0240-121-22 from the Auto Center Overlay District; and
WHEREAS, on December 7, 2021, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto on Zone Change Amendment No. 21-005; and
WHEREAS, on December 7, 2021, the Planning Commission approved Resolution No. PC 2021 -045 and recommended approval to the City Council of Zone Change Amendment No. 21 -005 after carefully considering all information pertaining to the proposed project, including the staff report, findings, and all the information, evidence, and testimony presented at its public hearing on December 7, 2021; and WHEREAS, on February 8, 202 2, the City Council held a duly noticed public hearing on Zone Change Amendment No. 21 -005 along with the entitlement referenced herein, received testimony, and the supporting documents in evidence, the City Council found that the Zone Change Amendment is in conformance with the goals and policies of the General Plan to provide a community that is balanced between residential, commercial, and industrial that is develo ped to high standards and provides diverse economic and social opportunities for our citizens and those who wish to invest here; and WHEREAS, zone Change Amendment No. 21-005 is consistent with the goals and policies of the City of Fontana, General Plan Go al 7 of Chapter 15, “support high-quality development in design standards and land use decisions”, in addition to Goal 7 of Chapter 15, Action Item #B “ensure that public and private developments are attractive, comfortable, and welcoming”; and

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

Section 1. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community because the 325
Ordinance No. ___

Development Agreement will enable needed public improvements at the Property and the economic development of the Property will benefit the citizens of the City; and Section 2. The City of Fontana City Council hereby makes the following findings for Zone Change No. 21-005 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

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

Findings of Fact: The applicant is proposing to remove the project site from the Auto Center Overlay District. Currently, the Auto Center Overlay District does not permit residential development. This would allow the applicant to develop the proposed Aragon West District to build 100 condominium units. The Walnut Village Specific Plan will have design, architecture, amenities and landscaping requirements to ensure that the proposed development is attractive and enhances the local area.

Section 3. The City Council hereby adopts the Mitigated Negative Declaration on the proposed project. The City Council finds that the Mitigated Negative Declaration contains a complete and accurate reporting of all the environmental impacts associated with the Project. The City Council furth er finds that the Mitigated Negative Declaration has been completed in compliance with CEQA, 2019 Local Guidelines for Implementing the California Environmental Quality Act, and the State CEQA Guidelines; and Section 4. The City Council approves Zone Change Amendment No. 21 -005 to remove the parcel APN: 0240-121-22 from the Auto Center Overlay District as shown on Exhibit “A”, and attached hereto and by this reference incorporated; and Section 5. This Ordinance shall take effect thirty (30) days after the date of its adoption.

APPROVED AND ADOPTED this 8th day of February 2022.

READ AND APPROVED AS TO LEGAL FORM:
326
Ordinance No. ___

_________________________________________
City Attorney

I, Tonia Lewis, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 8th day of Februa ry, 2022, and was finally passed and adopted not less than five days thereafter on the 22nd day of February, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

_________________________________________
City Clerk of the City of Fontana

_________________________________________
Mayor of the City of Fontana

ATTEST:

_________________________________________
City Clerk

327
Ordinance No. ___

EXHIBIT "A"

ZONE CHANGE

328
Ordinance No. ___

329
Ordinance No. ___

Sec. 30-639. - Authority and requirements.

Figure 1. Fontana Auto Center Overlay District Planning Area Boundaries Map

330
Ordinance No. ___

331
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1038 Agenda Date: 12/7/2021
Agenda #: PH-B Category: Public Hearing
FROM:

Planning
TITLE:

Master Case No. 21-063; General Plan Amendment No. 21-003; Specific Plan Amendment No. 21- 006; Zoning Code Amendment No. 21-005; Tentative Tract Map No. 20441 (TTM No. 21-002); Design Review No. 21-024 - A request for the construction of 100 condominium attached units on a

6.5 acre lot at the southwest corner of South Highland Avenue and Mango Avenue.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2021-___; and, forward a recommendation to the City Council to:

1. Adopt a resolution to adopt the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and direct staff to file the Notice of Determination;

2. Adopt a resolution approving General Plan Amendment No. 21-003; and,

3. Adopt an ordinance approving Specific Plan Amendment No. 21-006; and,

4. Adopt an ordinance approving Zoning Code Amendment No. 21-005; and,

5. Adopt a resolution to approve Tentative Tract Map No. 20441 (TTM No. 21-002); and Design Review No. 21-024.

APPLICANT:

Gordon Nichols
Frontier Enterprises
2151 E. Convention Center Way
Ontario, CA 91764
LOCATION:

The project site is located on the Southwest corner of Highland Avenue and Mango Ave (APNs: 0240 -121-22).

REQUEST:

1. General Plan Amendment No. 21-003 is a request to change the General Plan land use design of a parcel (APN: 0240-121-22) from Community Commercial (C-C) to Residential Planned Community (R-PC). The R-PC designation would allow for the construction of 100 condominiums. In conjunction with the land use designation change, the General Plan City of Fontana Printed on 12/2/2021Page 1 of 5
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1 ATTACHMENT NO. 4

File #: 21-1038 Agenda Date: 12/7/2021
Agenda #: PH-B Category: Public Hearing
Amendment would remove this parcel from the Auto Center Overlay District.

2. Specific Plan Amendment No. 21-006 is a request to modify the Walnut Village Specific Plan to establish the Aragon West District. This district would be created over the project site boundary and the text of the Walnut Village Specific Plan would be modified to establish the development and design standards of the Aragon West District. These standards would establish requirements for the proposed condominium project. Regulations include requirements for architecture, landscaping, open space amenities, walls and fencing, lighting and building design.

3. Zoning Code Amendment No. 21-005 is a request to remove the project site from the Auto Center Overlay District.

4. Tentative Tract Map No. 21-002 is a proposal to establish a condo map for 100 condominium units on the project site (APN: 0240-121-22) totaling 6.5 adjusted gross acres. The map is for condo purposes only.

5. Design Review No. 21-024 is a proposal for site and architectural review for 100 condominium units on approximately 6.5 adjusted gross acres, with a density of 15.4 du/ac.

PROJECT PLANNER:

Alejandro Rico, Associate Planner
I. BACKGROUND INFORMATION:

Land Use Designations:

II. PROJECT DESCRIPTION:

City of Fontana Printed on 12/2/2021Page 2 of 5
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File #: 21-1038 Agenda Date: 12/7/2021
Agenda #: PH-B Category: Public Hearing
III. ANALYSIS:

The applicant, Frontier Enterprises, is requesting that the Planning Commission review and approve a 100-unit condominium project on approximately 6.5 gross acres, with a density of 15.4 du/ac. In addition, to the construction of the building and associated site improvements, the project will include off-site improvements for sidewalks and parkways along with curb and gutter along South Highland Avenue and Mango Avenue.

General Plan Amendment No. 21-003:

The current General Plan land use designation on the project site is Community Commercial (C-C) and Residential-Planned Community (R-PC). Most of the parcel has the C-C land use designation, which the applicant is proposing to change. In order for the condominium project to be built, the General Plan land use designation of the lot must be Residential-Planned Community (R-PC), which allows for multi-family development as part of a specific plan. With the R-PC areas to the south and east of the project site, the density of all the lots with the R-PC land use designation within the Walnut Village Specific Plan will be 5.69 units per acre.

Specific Plan Amendment (SPA 21-006):

The specific plan amendment is a request from the applicant to modify the existing zoning within the specific plan identified as “The Corner” zoning district and establish a new zoning district called “Aragon West” District for the project site within the Walnut Village Specific Plan. This change is shown on Attachment No. 7. This district would designate the project site as the Aragon West District and implement new land use regulations. The newly proposed Aragon West zoning district would allow a maximum of 17 units per acre, however the proposed project has density of 15.4 du/ac. To ensure that the development is attractive and encourages desired development as required by the General Plan and Zoning Code, the Aragon West District has been drafted with detailed land use requirements proposed as part of the amended specific plan. The architecture is proposed with a high-quality Spanish style with recessed arched windows, tile roofing, “Juliet”windows, pop-outs, Spanish tile, capped walls and roofed doorways. Development within the Aragon West District has City of Fontana Printed on 12/2/2021Page 3 of 5
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File #: 21-1038 Agenda Date: 12/7/2021
Agenda #: PH-B Category: Public Hearing
Spanish tile, capped walls and roofed doorways. Development within the Aragon West District has requirements for landscaping to ensure that there are adequate and attractive trees, shrubs and groundcover. Pedestrian paseos also shown will provide connectivity within the project and utilize a walking path for the residents.

Zoning Code Amendment No. 21-005:

Currently, the project site is located within the Auto Center Overlay District (ACOD) on the Zoning District Map as well as within the Zoning Code text. As previously mentioned, the applicant is proposing to remove the project site from the overlay district to accommodate the residential project as the ACOD only allows commercial uses. Attachment No. 8 shows the proposed changes indicating that the project site would be removed from the Auto Center Overlay District and the text within the Zoning Code would also be modified in relation to removing the project site from the overlay.

Tentative Tract Map No. 20441 (TTM No. 21-002):

As previously mentioned, the project site is located in the proposed Aragon West District of the Walnut Village Specific Plan. The Aragon West District, if approved, would permit multi-family development at a density of up to 17 units per acre. The surrounding properties and uses are predominately characterized by a mix of a large commercial shopping center north of South Highland Avenue and single-family homes to the south and east. The project consists of one (1) parcel totaling approximately 6.5 adjusted gross acres. The applicant is proposing the development of 100 condominiums which requires a Tentative Tract Map for condominium purposes.

Design Review No. 21-024:

The applicant has proposed a high-quality Spanish style architecture to be built for this project of 100 condominium units as detailed above. As mentioned in the specific plan amendment section, Spanish style features include recessed arched windows, roofed door entries, pop-outs, capped walls and tile roofing. Also proposed is a variety of buildings with different color schemes and distinct buildings. The number of units vary per building from three (3) to six (6) units per building. Units are proposed with two (2) to three (3) bedrooms with a kitchen, two (2) car garage, 200 cubic feet of storage space, washer and dryer room and 100 square feet of private outdoor patio space.

Entry statements in the project site are proposed along South Highland Avenue and Mango Avenue.

Each entryway will have dense landscaping, monumentation signs, and decorative paving at the entryway. The paseos throughout the project site are designed to enhance pedestrian access with wide sidewalks throughout the project site and between buildings and landscaping. Additionally, a centralized park with park furniture, trellis and tot lot are proposed in the public open space. Five (5) additional open space areas are planned throughout the project and will also be designed with park furniture that will include benches and tables.

Environmental:

Pursuant to Section No. 15070 of the California Environmental Act (CEQA) and pursuant to Section No. 6.04 of the 2019 Local Guidelines for Implementing CEQA an Initial Study (IS), Mitigated Negative Declaration (MND), and Mitigation Monitoring and Reporting Program have been prepared for this project. Based on the information in the IS/MND, the project would not have a significant effect on the environment provided that the mitigation measures identified in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are implemented. A Notice of City of Fontana Printed on 12/2/2021Page 4 of 5
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File #: 21-1038 Agenda Date: 12/7/2021
Agenda #: PH-B Category: Public Hearing
Declaration and Mitigation Monitoring and Reporting Program are implemented. A Notice of Determination has been prepared for the Planning Commission’s consideration. The mitigation measures from the Mitigation Monitoring and Reporting Program are included herein as part of the Conditions of Approval.

MOTION:

Accept staff’s recommendation.

ATTACHMENTS:

1. Vicinity Map

2. Tentative Tract Map No. 20441

3. Site Plan

4. Elevations

5. 3-D Rendering

6. General Plan No. 21-003

7. Specific Plan Amendment No. 21-006 Proposed Specific Plan Amendment Changes

8. Zoning Code Amendment No. 21-005

9. Planning Commission Resolution, Findings and Conditions of Approval

10.Notice of Determination

11.Notice of Public Hearing
UNDER SEPARATE COVER:

1. Large Plans and Elevations

2. Reduced Color Copies of Site Plan and Elevations

3. Walnut Village Specific Plan Amendment

4. Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP)
City of Fontana Printed on 12/2/2021Page 5 of 5
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5 ATTACHMENT NO. 4

ATTACHMENT NO. 1

N

N

Vicinity Map
Date: December 7, 2021

CASE: MCN No. 21-063
GPA No. 21-003
SPA No. 21-006
ZCA No. 21-005
TTM No. 21-002 (20441)
DRP No. 21-024

CITY OF FONTANA PLANNING DEPARTMENT
Project Site
6 ATTACHMENT NO. 4

ATTACHMENT NO. 2

Tentative Tract Map
20441

Date: December 7, 2021

CASE: MCN No. 21-063
GPA No. 21-003
SPA No. 21-006
ZCA No. 21-005
TTM No. 21-002 (20441)
DRP No. 21-024

CITY OF FONTANA PLANNING DEPARTMENT

CIT
7 ATTACHMENT NO. 4

ATTACHMENT NO. 3

Site Plan

Date: December 7, 2021

CASE: MCN No. 21-063
GPA No. 21-003
SPA No. 21-006
ZCA No. 21-005
TTM No. 21-002 (20441)
DRP No. 21-024

CITY OF FONTANA PLANNING DEPARTMENT

CIT
N
8 ATTACHMENT NO. 4

ATTACHMENT NO. 4

Elevations
Date: December 7, 2021

CASE: MCN No. 21-063
GPA No. 21-003
SPA No. 21-006
ZCA No. 21-005
TTM No. 21-002 (20441)
DRP No. 21-024

CITY OF FONTANA PLANNING DEPARTMENT

CIT
9 ATTACHMENT NO. 4

ATTACHMENT NO. 4

Elevations
Date: December 7, 2021

CASE: MCN No. 21-063
GPA No. 21-003
SPA No. 21-006
ZCA No. 21-005
TTM No. 21-002 (20441)
DRP No. 21-024

CITY OF FONTANA PLANNING DEPARTMENT

CIT
10 ATTACHMENT NO. 4

ATTACHMENT NO. 5

Rendering
Date: December 7, 2021

CASE: MCN No. 21-063
GPA No. 21-003
SPA No. 21-006
ZCA No. 21-005
TTM No. 21-002 (20441)
DRP No. 21-024

Looking from Interior Paseo

Looking from Interior Paseo

CITY OF FONTANA PLANNING DEPARTMENT

CIT
11 ATTACHMENT NO. 4

ATTACHMENT NO. 6

General Plan No. 21-003 Exhibit
Date: December 7, 2021

CASE: MCN No. 21-063
GPA No. 21-003
SPA No. 21-006
ZCA No. 21-005
TTM No. 21-002 (20441)
DRP No. 21-024

CITY OF FONTANA PLANNING DEPARTMENT

CIT
N
12 ATTACHMENT NO. 4

ATTACHMENT NO. 6

General Plan No. 21-003 Exhibit
Date: December 7, 2021

CASE: MCN No. 21-063
GPA No. 21-003
SPA No. 21-006
ZCA No. 21-005
TTM No. 21-002 (20441)
DRP No. 21-024

CITY OF FONTANA PLANNING DEPARTMENT

CIT
N
13 ATTACHMENT NO. 4

ATTACHMENT NO. 7

Specific Plan Amendment
No. 21-006 Exhibit
Current Walnut Village Specific Plan
Land Use Map
Date: December 7, 2021

CASE: MCN No. 21-063
GPA No. 21-003
SPA No. 21-006
ZCA No. 21-005
TTM No. 21-002 (20441)
DRP No. 21-024

Existing Land Use Designation

CITY OF FONTANA PLANNING DEPARTMENT

CIT
Project Site
14 ATTACHMENT NO. 4

ATTACHMENT NO. 7

Specific Plan Amendment
No. 21-006 Exhibit
Proposed Walnut Village Specific
Plan Land Use Map

Date: December 7, 2021

CASE: MCN No. 21-063
GPA No. 21-003
SPA No. 21-006
ZCA No. 21-005
TTM No. 21-002 (20441)
DRP No. 21-024

Proposed Land Use Designation

CITY OF FONTANA PLANNING DEPARTMENT

CIT
Project Site
15 ATTACHMENT NO. 4

ATTACHMENT NO. 8

Zoning Code Amendment
No. 21-005 Exhibit
Date: December 7, 2021

CASE: MCN No. 21-063
GPA No. 21-003
SPA No. 21-006
ZCA No. 21-005
TTM No. 21-002 (20441)
DRP No. 21-024

CITY OF FONTANA PLANNING DEPARTMENT

CIT
16 ATTACHMENT NO. 4

ATTACHMENT NO. 8

Zoning Code Amendment
No. 21-005 Exhibit
Date: December 7, 2021

CASE: MCN No. 21-063
GPA No. 21-003
SPA No. 21-006
ZCA No. 21-005
TTM No. 21-002 (20441)
DRP No. 21-024

CITY OF FONTANA PLANNING DEPARTMENT

CIT
17 ATTACHMENT NO. 4

ATTACHMENT NO. 8

Zoning Code Amendment
No. 21-005 Exhibit
Date: December 7, 2021

CASE: MCN No. 21-063
GPA No. 21-003
SPA No. 21-006
ZCA No. 21-005
TTM No. 21-002 (20441)
DRP No. 21-024

CITY OF FONTANA PLANNING DEPARTMENT

CIT
18 ATTACHMENT NO. 4

ATTACHMENT NO. 8

Zoning Code Amendment
No. 21-005 Exhibit
Date: December 7, 2021

CASE: MCN No. 21-063
GPA No. 21-003
SPA No. 21-006
ZCA No. 21-005
TTM No. 21-002 (20441)
DRP No. 21-024

CITY OF FONTANA PLANNING DEPARTMENT

CIT
19 ATTACHMENT NO. 4

ATTACHMENT NO. 9
RESOLUTION PC NO. 2021-___

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

FONTANA RECOMMENDING THAT THE CITY COUNCIL ADOPT A

RESOLUTION ADOPTING THE MITIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORING REPORTING

PROGRAM AND DIRECT STAFF TO FILE THE NOTICE OF

DETERMINATION AND ADOPT A RESOLUTION APPROVING
GENERAL PLAN AMENDMENT 21 -003, ADOPT AN ORDINANCE
APPROVING SPECIFIC PLAN AMENDMENT NO. 21-006, ADOPT AN
ORDINANCE APPROVING ZONING CODE AMENDMENT NO. 21-005

AND ADOPT A RESOLUTION APPROVING TENTATIVE TRACT MAP
NO. 20441 (TTM NO. 21-002), AND DESIGN REVIEW NO. 21-024 FOR

THE CONSTRUCTION OF ONE HUNDRED CONDOMINIUM UNITS
ON A LOT OF APPROXIMATELY 6.5 ADJUSTED GROSS ACRES.

WHEREAS, a request to recommend approval to the City Council for the proposed project which includes General Plan Amendment No. 21-003, Specific Plan Amendment No. 21-006, Zoning Code Amendment No. 21 -005, Tentative Tract Map No. 20441 (TTM No. 21-002) and Design Review No. 21-024.

Project Applicant: Gordon Nichols
Frontier Enterprises
2151 E. Convention Center Way
Ontario, CA 91764

Project Location: The project site is located on the southwest corner of South Highland Avenue and Mango Avenue (APN 0238-171-50) within the Walnut Village Specific Plan.

Project Site Area: 6.5 adjusted gross acres

WHEREAS, on December 7, 2021, the Planning Commission received a staff report and all the information, evidence, and public testimony and considered General Plan Amendment No. 21 -003, Specific Plan Amendment No. 21 -006, Zoning Code Amendment No. 21-005, Tentative Tract Map No. 20441 (TTM No. 21-002) and Design Review No. 21-024; 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 Walnut Village Specific Plan includes approximately 320.8 gross acres, located within the northern portion of the City of Fontana and County of San Bernardino, California; and,

WHEREAS, the Walnut Village Specific Plan site has a total of 8 (eight) planning areas, based on residential and commercial land uses; and,

20 ATTACHMENT NO. 4

Resolution PC No. 2021-____
ATTACHMENT NO. 9

WHEREAS, the proposed Aragon West District area is currently located within the Corner district of the Walnut Village Specific Plan and consists of the development of approximately 6.5 acres; and,

WHEREAS, with approval of the associated General Plan and Specific Plan amendments, the proposed project is consistent with the Fontana General Plan Land Use Element and the proposed Aragon West District land use regulations; and,

WHEREAS, pursuant to Section No. 15070 California Environmental Act (CEQA), and pursuant Section No. 6.04 of the 2019 Local Guidelines for Implementing CEQA, an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepar ed in April 2021, and concluded that no significant impacts would be caused by the project, therefore, a Notice of Determination was prepared for Planning Commission’s consideration; and,

WHEREAS, Conditions of Approval have been prepared and are attached hereto as Exhibit “A” for Tentative Tract Map No. 20441 (TTM No. 21-002); and,

WHEREAS, Conditions of Approval have been prepared and are attached hereto as Exhibit “B” for Design Review No. 21-024; 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 the public hearing was published in the Fontana Herald newspaper on November 12, 2021, 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 the information, evidence, and testimony presented at its public hearing on December 7, 2021; and,

WHEREAS, General Plan Amendment No. 21 -003, Specific Plan Amendment No. 21-006, Zone Change No. 21-006, Tentative Tract Map No. 20441 (TTM No. 21- 002) and Design Review No. 21-024 are supported by goals and policies of the General Plan; 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 General Plan Amendment No. 21-003 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:

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Finding: The purpose and intent is to keep an updated General Plan to reflect the current desires and needs of the citizens for the long-term growth of the City.

Findings of Fact: The applicant is proposing to change the General Plan Land Use Designation of the site from Community Commercial (C -C) to Residential-Planned Community (R-PC). This would allow for the construction of 100 condominium units as the applicant is proposing. Currently, residents of Fontana and the Inland Empire are facin g a housing shortage. The reclassification of this site from C -C to R -PC for this project will allow residents the opportunity to purchase high quality condominiums with Spanish architecture, amenities and landscaping.

Section 3. The City of Fontana Planning Commission hereby makes the following findings for Zone Change No. 21-005 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

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

Findings of Fact: The applicant is proposing to remove the project site from the Auto Center Overlay District. Currently, the Auto Center Overlay District does not permit residential development. This would allow the applicant to develop the proposed Aragon West District to build 100 condominium units. The Walnut Village Specific Plan will have design, architecture, amenities and landscaping requirements to ensure that th e proposed development is attractive and enhances the local area.

Section 4. The City of Fontana Planning Commission hereby makes the following findings for Specific Plan Amendment No. 21-006 in accordance with Section 30-67 “Purpose” of the Fontana Zoning and Development Code:

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

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Findings of Fact: The applicant is proposing to modify the Walnut Village Specific Plan to establish the Aragon West District. This District will require attractive development with quality Spanish architecture, vast landscaping, ample amenities for residents, housing needs and pedestrian paseos to promote walkability. This type of development will enhance the local areas with an attractive street scene and high -quality residential community between the commercial center to the north and residential area to the south.

Section 5. The City of Fontana Planning Commission hereby makes the following findings for Tentative Tract Map No. 20441 (TTM No. 21-002) in accordance with Section 26-55 (e) “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: The proposed map is consistent with the City’s General Plan and any applicable specific plan.

Findings of Fact: The Tentative Tract Map is a request for condominium units to be established on a lot that is approximately 6.5 adjusted gross acres. The project is proposed with att ached multi-family residential units and is within the proposed density range of the Aragon West District of the Walnut Village Specific Plan . The proposed lot would be consistent with the proposed General Plan designation for the project site and the regulations of the Zoning and Development Code and the Walnut Village Specific Plan.

Finding No. 2: The design and improvements of the proposed tentative tract map is consistent with the General Plan and any applicable specific plan.

Findings of Fact: The design of the proposed project, as mentioned in Finding No. 1, above would be consistent with the General Plan. Street improvements including curb, gutter, an d requirements of the Community Mobility and Circulation chapter of the Gen eral Plan, Subdivisions (Chapter 26), and the Zoning and Development Code (Chapter 30) have been met . 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 size, shape, and topography are suitable for this type and density of development. The project site is approximately 6.5 adjusted gross acres and accommodates the proposed 100
attached multi-family units within the Aragon West District of the Walnut Village Specific Plan . All street i mprovements will be constructed pursuant to applicable building, zoning, and fire code standards, as mentioned in Finding No. 2 above. Access to this 23 ATTACHMENT NO. 4

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proposed project site will be provided by t wo (2) access points from South Highland Avenue, a Primary Highway and Mango Avenue, a Collector Street.

Finding No. 4: The design of the tentative tract map 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 Tentative Tract Map and the proposed improvements as described in Finding No. 1 through Finding No. 3, complies with the City of Fontana’s Municipal Code
requirements, Conditions of Approval (referenced herein), and will not cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat. A Notice of Determination has been prep ared for the proposed project pursuant to Section No. 15070 of the California Environmental Act (CEQA) and pursuant to Section No. 6.04 of the 2019 Local Guidelines for Implementing CEQA an Initial Study (IS), Mitigated Negative Declaration (MND), and Miti gation Monitoring and Reporting Program . The project is not anticipated to have a significant effect on the environment.

Finding No. 5: The design of the tentative tract map 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. The improvements associated with the subdivision such as street, curb, gutter, and s idewalk will be constructed and have been designed as part of this project pursuant to th e Zoning and Development Code and Fontana Municipal Code . Additional improvements such as water connection will be built pursuant to applicable building, zoning, and fire code standards; therefore, the project shall promote the public health, safety, and welfare of the surrounding community and will not cause public health problems. The project was reviewed by the Fontana Fire District and Building and Safety, and the appropriate conditions have been placed on the project.

Finding No. 6: The design of the tentative tract map 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 tentative tract map and improvements will not conflict with any access easements acquired by the public. The proposed project site will be accessed from South Highlan d Avenue, and Mango Avenue. Currently there are no other public 24 ATTACHMENT NO. 4

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access easements through or within the proposed subdivision.

Section 6. The City of Fontana Planning Commission hereby makes the following findings for a Design Review in accordance with Section 30 -111 of the Fontana Zoning and Development Code:

Finding No. 1: This proposal meets or exceeds t he criteria contained in Division 2 of the Zoning and Development Code and will
result in an appropriate and desirable development.

Findings of Fact: The project, as proposed, is a request for the Planning Commission to review and forward recommendation of approval for the site and architectural design for the proposed 100 multi- family attached condominium units within the proposed Aragon West District of the Walnut Village Specific Plan. The units will range in size from 1,418 square feet for a two (2) bedroom unit and up to 1323 square feet for a three (3) bedroom unit. The project meets or exceeds the criteria contained in the Design Review section of the Zoning and Development Code and the requirements of the Walnut Village Specific Plan with approval of the proposed amendments. The proposed design is a Spanish style and consistent with the theme envisioned with the Aragon West District, resulting in a high -quality project desirable for the immediate community. The Design Review includes site and architectural review of an approximate 6.5-acre site. If approved, the density will be 15.4 units per acre which is under the seventeen (17) units per ac re limit of the amended specific plan .

Additionally, 2.5 acres of active open space are prosed including a tot lot and addition five (5) parks with furnishing . Paseos are proposed with trees, shrubs and groundcover with broad spaces between buildings.

The project will be an appropriate and desirable development for the area. This project meets or exceeds the criteria contained in the Design Review section of the Fontana Zoning and
Development Code and the Walnut Village Specific Plan.

Finding No. 2: The proposal is in its design and appearance is aesthetically and architecturally pleasing while enhancing the character of the surrounding neighborhood.

Findings of Fact: The proposed attached condominium residential units reach a maximum height of twenty-eight (28) feet and five (5) inches. The architectural theme for the multi -family complex is described as Spanish with three color designs. Each color style will reflect light earth tone warm colors . Architectural relief utilized for the proposed project consists of roofed doorways, decorative window treatments, varied roof lines, architectural “pop -outs,” recessed windows, banding, porches, balconies, and other features appropriate to the Spanish theme. The use of a variety of colors 25 ATTACHMENT NO. 4