Resolution PC No. 2021-____
ATTACHMENT NO. 9
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 two (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.
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 a n 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 one-hundred (100) attached units. All new improvements such as driveways, streets, sidewalks, 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.
Section 7. The Planning Commission has reviewed and considered the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, any oral or written comments received, and the administrative record prior to making any decision on the proposed project. The Planning Commission finds that the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting 26 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
Program contain a complete and accurate reporting of all the environmental impacts associated with the Project. The Planning Commission further finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program ha ve been completed in compliance with the 2019 Local CEQA Guidelines and the State CEQA Guidelines.
Section 8. Based on the foregoing, the City of Fontana Planning Commission recommends that the City Council adopts a resolution adopting the Initial Study/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 No. 21 -003, adopt an ordinance approving Specific Plan Amendment No. 21-006, adopt an ordinance approving Zoning Code Amendment No. 21-006, and adopt a resolution approving Tentative Tract Map No. 20441 (TTM No. 21-002) and Design Review No. 20-024 subject to the findings as indicated herein and the Conditions of Approval , which have been prepared and are attached hereto as Exhibit “A” and Exhibit “B”.
Section 9. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Community Development Department – Planning Division, 8353 Sierra Avenue, Fontana, CA 92335. This information is prov ided in compliance with Public Resources Code section 21081.6.
Section 10. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 7th day of December, 2021.
City of Fontana
___________________________
Cathline Fort, Chairperson
ATTEST:
I, Idilio Sanchez, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on this 7th day of December 2021, by the following vote, to-wit:
AYES:
27 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
NOES:
ABSENT:
ABSTAIN:
___________________________
Idilio Sanchez, Secretary
28 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
Exhibit “A”
CITY OF FONTANA
CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 21-063 DATE: December 7, 2021 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 the City, as evidenced by the City’s issuance of a Certificate of Occupancy or other document evidencing the City’s final inspection and acceptance of the work; and
B. All other Conditions of Appr oval 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.
29 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
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 s ue 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 Man ager 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 f or 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 c onstruction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Department inspection, has commenced within this period.
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.
30 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
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 applicant 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 o f 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 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 31 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
to inspection staff. If removal 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 co py 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
32 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
EXHIBIT “B”
CITY OF FONTANA
CONDITIONS OF APPROVAL
PROJECT: Master Case No. (MCN) 21-063 DATE: December 7, 2021 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 construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period.
2. The applicant shall defend, indemnif y, 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 ac tions, 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 suc h 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.
Except as required under applicable State and Federal law, 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 33 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.
3. This 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 Fontana 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 tw o (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 landow ner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place.
B. Preservation in place sh all be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource along the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the Tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the Tribe or a local school or historical society in the area for educational purposes.
C. Archaeological and Native American monitoring and excavation duri ng construction projects shall be consistent with current professional standards.
All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal pers onnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.
6. The construction contractor shall use the following source controls at all times:
34 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
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 hav e 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 n ot physically feasible, when necessary:
E. Install portable noise barriers, including solid structures and noise blankets, 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 grading 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 n oticing 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 the line of sight. The mail boxes shall be made of 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 35 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
responsible for contacting the Post Office for the type and location of the mail boxes within their development. Any rep lacements of the mail boxes subsequent to the original installation shall be the responsibility of the developer, each individual 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 combinatio n 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 placed on each side of all garage doors.
17. Landscaping shall include:
A. 24-inch Tree Boxes shall be planted in park ing 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 Reporting 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:
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.
36 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
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 streetscape 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 irrigation 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 from 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.
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.
37 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
32. A locator map or directory shall be posted at site entrances. The directory 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 t o 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 shal l 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.
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
38 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
42. Traffic signal modification at the South Highland 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 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.
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 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 39 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
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 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 rel ationship 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
40 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
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 fir e 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 unobst ructed 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
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 41 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
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 and “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 this 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 site an approved paved roadway providing fire access and fire hydrants providing a n 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) feet from all structures or to the property line, whichever is less.
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 detail ed 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.
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 42 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
calculations and manufacturer specification sheets to t he 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.
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 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, addi tional non -illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances. SBCFD Standard 505.1
75. Commercial (large facility) Addressing . Commercial and industrial developments in excess of 100,000 sq. ft. shall have the s treet 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 el ectrically 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
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) 43 ATTACHMENT NO. 4
Resolution PC No. 2021-____
ATTACHMENT NO. 9
inch stroke. The address shall be visible from the street. During the hours of darkness, t he numbers shall be internally 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 contrastin g 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 box 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 ________ points of vehicular access during each phase of construction for fire and emergency access purposes and for evacuation routes. SBCFD Standard 503.1
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 requiremen ts. California Building Code sec. 2082.
END OF CONDITIONS OF APPROVAL
44 ATTACHMENT NO. 4
ATTACHMENT NO. 10
NOTICE OF DETERMINATION
TO: X County Clerk, County of FROM: City of Fontana San Bernardino Planning Division
8353 Sierra Avenue
_X_ Office of Planning and Research Fontana, CA 92335
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code.
Project Title: Master Case No. 21-063, General Plan Amendment No. 21-003, Specific Plan Amendment No. 21-006, Zoning Code Amendment No. 21-005, Tentative Parcel Map No. 20441 (TTM No. 21-002) and Design Review No. 21-024 – Aragon West Condominium Project.
State Clearinghouse Number: N/A
Name of Person or Agency carrying out project: Alejandro Rico – Associate Planner. City of Fontana (Lead Agency) 8353 Sierra Avenue, Fontana, CA 92335.
Project Location: The P roject site is located on the southwest corner of Mango Avenue and South Highland Avenue (APN: 0240-121-22).
Project Description: Master Case No. 21-063 is a proposal to construct 100 condominium units on a 6.5 acre lot with parking, landscaping, park space and off-site improvements.
Project Proponent & Address: Gordon Nichols, Frontier Communities, 2151 E. Convention Center Way, Suite 114, Fontana, CA 91764
Contact Name & Phone: Gordon Nichols – (909) 354-8044
This is to certify that on ____________, the City Council of the City of Fontana approved the above described project along with the aforementioned Mitigated Negative Declaration, and made the following determinations:
1. The project ____ will X will not have a significant effect on the environment.
2. A Mitigated Negative Declaration (MND) was prepared and approved and fully analyzed the effects of the project. The MND thoroughly analyzed and discussed all potential environmental impac ts in accordance with Section 15072 of the California Environmental Quality Act (CEQA) and Chapter 6 of the 2019 Local Guidelines for Implementing the CEQA for the purpose of deciding whether the project may have a significant effect on the environment.
3. Mitigation measures X were were not made a condition of the approval of the project.
4. A Statement of Overriding Considerations __ was X was not adopted for this project.
5. Findings X were were not made pursuant to the provisions of CEQA.
6. The location and custodian of the documents which comprise the record of proceedings for the Addenda are specified as follows:
Custodian: City of Fontana, Planning Department
Location: 8353 Sierra Avenue, Fontana, CA 92335
45 ATTACHMENT NO. 4
ATTACHMENT NO. 10
____________________________
Paul Gonzales
Senior Planner
Date Received for Filing
46 ATTACHMENT NO. 4
ATTACHMENT NO. 11
NOTICE OF INTENT TO ADOPT AN INITIAL STUDY/ MITIGATED
NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING
Si desea información en Español referente a esta notificación o proyecto, favor de comunicarse al (909) 350-6728.
In compliance with Section No. 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section No. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made availab le in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350 -7602.
Notification 48 hours prior to the meeting will e nable 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. 21-063, GENERAL PLAN AMENDMENTMENT NO. 21-003, SPECIFIC PLAN AMENDMENT NO. 21-006, ZONING CODE AMENDMENT NO. 21-005, DESIGN REVIEW NO. 21-024, and
TENTATIVE TRACT MAP NO. 20441 (TTM NO. 21-002)
The proposed project includes site and architectural review to construct a 100 unit condominium project on one parcel totaling approximately 6.5 adjusted gross acres. The project includes a General Plan Amendment to change the General Plan land use designation from Community Commercial (C-C) to Residential -Planned Community (R - PC), Specific Plan Amendment to establish the Aragon West District with development requirements to allow multi-family development, Zoning Code Amendment to remove the Auto Center Overlay District boundary from the project site, Tentative Tract Map to for a proposed condominium map, and Design Review for site and architectural review of 20 condominium buildings, and 2.5 acres of park space with amenities.
Environmental
Determination:
Pursuant to Section No. 15070 of the California Environmental Act (CEQA) and p ursuant 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 has been prepared for this project.
The Initial Study and Mitigated Negative Declaration are available for public review from November 17, 2021 until December 7, 2021, at the Planning Division counter, Fontana Lewis Library, and on the City of Fontana’s we bsite,
https://www.fontana.org/2137/Environmental-Documents
Location of
Property:
The project site is located on the southwest corner of the intersection of South Highland Avenue and Mango Avenue (APN 0240-121-22)
47 ATTACHMENT NO. 4
ATTACHMENT NO. 11
Date of Hearing: December 7, 2021
Place of Hearing: City Hall Council
Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 6:00 p.m.
Should you have any questions concerning this project, please contact Alejandro Rico, Associate Planner, at (909) 350-6558.
ANY INTERESTED PARTY MAY APPEAR AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. 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 DELIVERED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
Mango Ave.
48 ATTACHMENT NO. 4
Planning Commission Minutes December 7, 2021
ATTACHMENT NO. 5
PH- B 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 at tached units on a 6.5 acre lot at the southwest corner of South Highland Avenue and Mango Avenue.
Chair Fort opened the Public Hearing Item.
Alejandro Rico, Associate Planner presented the staff report.
The commission and staff discussed the design of the project, the gates that lead to the private patios, and the entrance to the community.
Speaking on behalf of the applicant, Andrew Wennerstrom, read and agreed to the Conditions of Approval. He thanked staff, Alejandro Rico for working diligently on t his project. He further discussed the design of the project as it relates to other surrounding projects within the area. In addition, he spoke to adding an additional traffic signal as part of this project, which will make it a four-way traffic signal.
The commission and the applicant discussed the project not being a gated community, and the impacts on traffic.
The following individual spoke regarding not receiving proper notification for this project:
Guillermo Castaneda
The Public Hearing was closed.
RECOMMENDATION:
Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2021-045; 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.
380
Planning Commission Minutes December 7, 2021
ATTACHMENT NO. 5
ACTION: Motion was made by Secretary Sanchez, seconded by Commissioner Gordon, and passed unanimously by a vote of 5 -0 to adopt the Resolution presented. The motion carried by the following vote:
Aye: Chairperson Fort, Vice Chair Sangha, Secretary Sanchez, Commissioners Gordon and Thrasher
381
ATTACHMENT NO. 6
NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND
NOTICE OF PUBLIC HEARING
SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.
THE CITY OF FONTANA CITY COUNCIL HEARING OF
February 8, 2022 AT 7:00 PM
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 with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350 -7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:
MASTER CASE NO. 21-063, GENERAL PLAN AMENDMENTMENT NO. 21-003, SPECIFIC PLAN AMENDMENT NO. 21-006, ZONING CODE AMENDMENT NO. 21-005, DESIGN REVIEW NO. 21-024, and TENTATIVE TRACT MAP NO. 20441 (TTM NO. 21-002)
The proposed project includes site and architectural review to construct a 100 unit condominium project on one parcel totaling approximately 6.5 adjusted gross acres. The project includes a General Plan Amendment to change the General Plan land use designation from Community Commercial (C -C) to Residential -Planned Community (R -PC), Spec ific Plan Amendment to establish the Aragon West District with development requirements to allow multi -family development, Zoning Code Amendment to remove the Auto Center Overlay District from the project site, Tentative Tract Map to for a proposed condomi nium map, and Design Review for site and architectural review of 20 condominium buildings, and 2.5 acres of park space with amenities.
Environmental Determination: 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 has been prepared for this project. The Initial Study and Mitigated Negative Declaration are available for public review from January 18, 2022 until February 8, 2022, at the Planning Department counter, Fontana Lewis Library, and on the City of Fontana’s website, https://www.fontana.org/2137/Environmental-Documents
382
Property Location: Located on the s outhwest corner of Mango Avenue and South Highland
Avenue (APN: 0240-121-22).
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, Alejandro Rico, Associate Planner, at (909) 350 -6558 or [email protected]. Any interested party may send any public comments to the city council by e -mailing [email protected] a copy of the proposal and environmental documentation is available for inspection by requesting it from the planner, listed above.
The project site is not listed as a hazardous waste site described in any lists as enumerated under Section 65962.5 of the Government Code.
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.
Mango Ave.
383
ATTACHMENT NO. 7
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA
ADOPTING THE ADDENDUM TO THE CITY OF FONTANA GENERAL
PLAN EIR (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 21-002 (PART NO. 2 OF GENERAL PLAN A MENDMENT CYCLE 1 0F 2022) TO AMEND CHAPTER NO. 5 OF THE CITY OF FONTANA GENERAL PLAN AND ADOPT THE 2021 -2029 6 TH CYCLE
HOUSING ELEMENT
WHEREAS, the City of Fontana General Plan was adopted by the City Council on November 13, 2018; and
WHEREAS, on January 18, 2022 , the Planning Commission duly conducted a noticed public hearing on General Plan Amendment No. 21-002, General Plan Amendment No. 21 -007, Zone Change Amendment No. 21 -004, and Zoning Code Amendment No. 21 -008, received testimony and information from any and all parties, and recommended its approval (with a 4-0 vote) to the City Council by resolution; and
WHEREAS, all the notices required by statute or the Fontana City Code have been given as required; 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 state law; and WHEREAS, 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. 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 H o u s i n g E l e m e n t w h i c h 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). The 6th cycle Housing Element incorporate goals, policies and actions which demonstrate the City's ability to accommodate its fair share of affordable housing for this planning period; and,
WHEREAS, Additionally, a 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. The RHNA quantifies the need for housing within each jurisdiction during specified planning periods. The current planning period ("cycle”) is for the years 2021 -2029. The RHNA identifies existing and future housing needs resulting from population, employment, and household growth . Moreover, the RHNA allows communities to anticipate growth, so that collectively the region and 384
Resolution No. 2022-____
subregion can grow in ways that enhance quality of life, improve access to jobs, promotes transportation mobility, and addresses social equity, and fair share housing needs ; and,
WHEREAS, the City’s share of the regional housing need is 17,519 units as provided by the Southern California Associated of Governments (SCAG) and establishes the number of potential units based on income category that we have to accommodate during the 6th Cycle from 2021 to 2029; and,
WHEREAS, on June 25, 2021, the City submitted the Draft Housing Element to the California Department of Housing and Community Development (HCD) for the review and comment, in accordance with State housing law; and, WHEREAS, on August 24, 2021 HCD provided written correspondence indicating that the draft element addressed many statutory requirements; however revisions will be necessary to comply with State Housing Element Law; and, WHEREAS, on October 22, 2021 the City submitted the Draft Housing Element to the California Department of Housing and Community Development (HCD) for the review and comment, in accordance with State housing law; and, WHEREAS, on December 21, 2021 HCD provided written correspondence indicating that the draft element addressed many statutory requirements; however, revisions were necessary to comply with State Housing Element Law; and, WHEREAS, the Draft Housing Element has been revised to address HCD’s comments of December 21, 2021 as described in the staff report dated February 8, 2022, in compliance with State law. The revised Draft Housing Element has been resubmitted to HCD and any minor changes to the Draft Housing Element that are requested by HCD, given the adoption of this ordinance and minor changes can be made by the Director of Planning, consistently with the goals and polices of the City of Fontana General Plan; and,
WHEREAS, the City Council finds that the proposed update to the Chapter 5 of the General Plan for the 6 th Cycle Housin g Element (Exhibit “A” -Attached under separate cover) is compatible with the general objectives of the General Plan, and that both updates directly implement General Plan policy, thereby enhancing consistency between the General Plan, Zoning and Development Code and Zoning Map; and
WHEREAS, on February 8, 2022 , the City Council conducted a noticed public hearing on General Plan Amendment No. 21-002, General Plan Amendment No. 21-007, Zone Change Amendment No. 21 -004, Zoning Code Amendment No. 21 -008 received testimony from any and all parties, includin g the staff report and attached supporting 385
Resolution No. 2022-____
documents from the Planning Commission public hearing on January 18, 2022, as well as testimony from the project applicant and others; and
WHEREAS, based on the information presented to the City Council at th e public hearing held for General Plan Amendment No. 21-002, General Plan Amendment No. 21- 007, Zone Change Amendment No. 21 -004, Zoning Code Amendment No. 21 -008, the testimony received, and the supporting documents in evidence, the City Council found that the proposed amendment is in conformance with the goals and policies of the General Plan; and
WHEREAS, this resolution shall become effective on the date of adoption.
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, this Resolution shall become effective on the date of adoption.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of Fontana as follows:
Section 1. Recitals. The above recitals are incorporated herein by reference.
Section 2. Compliance with California Environmental Quality Act. The City Council has reviewed and considered the City of Fontana General Plan EIR and Addendum, any oral or written comments received, and the administrative record prior to making any decision on the Proposed Project. The City Council finds that the Addendum and City of Fontana General Plan EIR contain a complete and accurate reporting of all of the environmental impacts associated with the Project. The City Council further finds that the Addendum have been completed in compliance with the State CEQA Guidelines and Section 6.21 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
Section 3. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report. Based on the substantial evidence set forth in the record, including but not limited to, the City of Fontana General Plan EIR, the Addendum, and all related information presented to the City Council, the City Council finds that the Projects necessitate only minor modifications to the City of Fontana General Plan EIR. Therefore, pursuant to State CEQA section 15164 and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, an Addendum to the City of Fontana General Plan EIR is the appropriate document for each project.
The City Council further finds that the preparation of a subsequent or supplemental EIR is not required for the proposed Projects because the Projects:
386
Resolution No. 2022-____
A. Will not result in substantial changes that would require major revisions of the City of Fontana General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
B. Will n ot result in substantial changes with respect to the circumstances under which the Proposed Projects are developed that would require major revisions of the City of Fontana General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and
C. Do not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the City of Fontana General Plan EIR documents were certified showing any of the following:
(i) The proposed Project would have one or more significant effects not discussed in the EIR;
(ii) That significant effects previously examined would be substantially more severe than shown in the EIR;
(iii) That mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the lead agency declined to adopt such measures; and
(iv) That mitigation measures or alternatives considerably different from those analyzed would substantially reduce one or more significant effects on the environment, but which the lead agency declined to adopt.
Section 4. Findings on Environmental Impacts . Having considered the Addendum, the administrative record, the City of Fontana General Plan EIR and all written and oral evidence presented to the City Council , the City Council finds that all environmental impacts of the applications have been addressed within the City of Fontana General Plan EIR and the Addendum. The City Council finds that no new or additional mitigation measures or alternatives are required. The City Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Projects may result in any significant environmental impacts beyond those analyzed in the City of Fontana General EIR. The City Council finds that the Addendum contains a complete, objective, and accurate reporting of the environmental impacts associated with the Projects and reflects the independent judgment and analysis of the City Council.
Section 5. Adoption of the Addendum to the City of Fontana General Plan EIR.
The City Council hereby adopt the Addendum to the EIR for the City of Fontana General Plan (SCH No. 2016021099) and Mitigation, Monitoring, and Reporting Program (MMRP) 387
Resolution No. 2022-____
that have been prepared pursuant State CEQA Guidelines S ections 15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
Section 6. Recitals. The above recitals are incorporated herein by reference.
Section 7. The City of Fontana City Council hereby makes the following findings for General Plan Amendment No. 21-002 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:
Finding No. 1: 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 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 H o u s i n g E l e m e n t w h i c h 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).
Moreover, the RHNA allows communities to anticipate growth, so that collectively the region and subregion can grow in ways that enhance quality of life, improve access to jobs, promotes transportation mobility, and addresses fair share housing needs.
Section 8. Determine that the projects have been reviewed under a previous ly approved Final Environmental Impact (State Clearinghouse No. 2016021099), for the General Plan, pursuant to Section 15162 through 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.10 of the City of Fontana’s 2019 Local CEQA Guideli nes and direct staff to file the Notice of Determination ; and approving General Plan Amendment No. 21-002, an amendment to the Chapter No. 5 of the City of Fontana General Plan for the 6th cycle Housing Element.
388
Resolution No. 2022-____
Section 9. Based on the foregoing, the City Council of the City of Fontana hereby approves General Plan Amendment No. 21 -002 attached hereto as Exhibit “A” (under separate cover) to this Resolution and incorporated herein by this reference.
Section 10 . 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 r esolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on February 8, 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of Fontana
Mayor of the City of Fontana
389
Resolution No. 2022-____
ATTEST:
______________________________________
City Clerk
390
Resolution No. 2022-____
Exhibit “A”
6th Cycle Housing Element (Attached under separate cover)
391
ATTACHMENT NO. 8
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA
ADOPTING THE ADDENDUM TO THE CITY OF FONTANA GENERAL
PLAN EIR (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 1 0F 2022) AMENDING THE GENERAL PLAN LAND USE MAP TO
CHANGE THE GENERAL PLAN LAND USE DESIGNATION ON
MULTIPLE PROPERTIES THROUGHOUT 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
WHEREAS, on January 18, 2022 , the Planning Commission duly conducted a noticed public hearing on General Plan Amendment No. 21-002, General Plan Amendment No. 21 -007, Zone Change Amendment No. 21 -004, and Zoning Code Amendment No. 21 -008, received testimony and information from any and all parties, and recommended its approval (with a 4-0 vote) to the City Council by resolution; and
WHEREAS, all the notices required by statute or the Fontana Municipal Code have been given as required; and
WHEREAS, the City of Fontana General Plan was adopted by the City Council on November 13, 2018; 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, 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. 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 H o u s i n g E l e m e n t w h i c h 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). The 6th cycle Housing Element incorporate goals, policies and actions which demonstrate the City's ability to accommodate its fair share of affordable housing for this planning period; and,
392
Resolution No. 2022-____
WHEREAS, Additionally, a 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. The RHNA quantifies the need for housing within each jurisdiction during specified planning periods. The current planning period ("cycle”) is for the years 2021 -2029. The RHNA identifies existing and future housing needs resulting from population, employment, and household growth . Moreover, the RHNA allows communities to anticipate growth, so that collectively the region and subregion can grow in ways that enhance quality of life, improve access to jobs, promote transportation mobility, and addresses social equity and fair share housing needs ; and,
WHEREAS, the City’s share of the regional housing need is 17,519 units as provided by the Southern California Associated of Governments (SCAG) and establishes the number of potential units based on income category that the City is required to accommodate during the 6th Cycle from 2021 to 2029; and,
WHEREAS, on June 25, 2021, the City submitted the Draft Housing Element to the California Department of Housing and Community Development (HCD) for the review and comment, in accordance with State housing law; and, WHEREAS, on August 24, 2021 HCD provided written correspondence indicating that the draft element addressed many statutory requirements; however revisions will be necessary to comply with State Housing Element Law; and, WHEREAS, on October 22, 2021 the City submitted the Draft Housing Element to the California Department of Housing and Community Development (HCD) for review and comment, in accordance with State housing law; and, WHEREAS, on December 21, 2021 HCD provided written correspondence indicating that the draft element addressed many statutory requirements; however, revisions were necessary to comply with State Housing Element Law; and, WHEREAS, the City Council finds that the proposed update to the General Plan land use map to change the General Plan land use designation on multiple properties to to Multi-Family Medium/High Residential (R -MFMH), Multi-Family High Residential (R - MFH), and designate the boundary for the “R -4 Overlay” (Exhibit “A” Under separate cover) to accommodate the 2021-2029 RHNA allocation is compatible with the objectives of the General Plan, and that both updates directly implement General Plan policy, thereby enhancing consistency between the General Plan, Zoning and Developme nt Code and Zoning Map; and
WHEREAS, on February 8, 2022 , the City Council conducted a noticed public hearing on General Plan Amendment No. 21-002, General Plan Amendment No. 21-007, Zone Change Amendment No. 21 -004, Zoning Code Amendment No. 21 -008, and received testimony from any and all parties, including the staff report and attached 393
Resolution No. 2022-____
supporting documents from the Planning Commission public hearing on January 18, 2022, as well as testimony from the project applicant and others; and
WHEREAS, based on the information presented to the City Council at the public hearing held for General Plan Amendment No. 21-002, General Plan Amendment No. 21- 007, Zone Change Amendment No. 21 -004, Zoning Code Amendment No. 21 -008, the testimony received, and t he supporting documents in evidence, the City Council found that the proposed amendment is in conformance with the goals and policies of the General Plan; and
WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and
WHEREAS, this Resolution shall become effective on the date of adoption.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of Fontana as follows:
Section 1. Recitals. The above recitals are incorporated herein by reference.
Section 2. Compliance with California Environmental Quality Act. The City Council has reviewed and considered the City of Fontana General Plan EIR and Addendum, any oral or written comments received, and the administrative record prior to making any decision on the Proposed Project. The City Council finds that the Addendum and City of Fontana General Plan EIR contain a complete and accurate reporting of all of the environmental impacts associated with the Project. The City Council further finds that the Addendum ha s been completed in compliance with the State CEQA Guidelines and Section 6.21 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
Section 3. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report. Based on the substantial evidence set forth in the record, including but not limited to, the City of Fontana General Plan EIR, the Addendum, and all related information presented to the City Council, the Commission finds that the Project necessitates only minor modifications to the City of Fontana General Plan EIR. Therefore, pursuant to State CEQA section 15164 and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, an Addendum to the City of Fontana General Plan EIR is the appropriate document the project.
The City Council further finds that the preparation of a subsequent or supplemental EIR is not required for the proposed Projects because the Project:
A. Will not result in substantial changes that would require major revisions of the City of Fontana General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously 394
Resolution No. 2022-____
identified significant effects; and
B. Will not result in substantial changes with respect to the circumstances under which the Proposed Project is developed that would require major revisions of the City of Fontana General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and
C. Does not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable dil igence at the time the City of Fontana General Plan EIR documents were certified showing any of the following:
(i) The proposed Project would have one or more significant effects not discussed in the EIR;
(ii) That significant effects previously examined would be substantially more severe than shown in the EIR;
(iii) That mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the lead agency declined to adopt such measures; and
(iv) That mitigation measures or alternatives considerably different from those analyzed would substantially reduce one or more significant effects on the environment, but which the lead agency declined to adopt.
Section 4. Findings on Environmental Impacts . Having considered the Addendum, the administrative record, the City of Fontana General Plan EIR and all written and oral evidence presented to the City Council , the City Council finds that all environmental impacts of the applications have been addressed within the City of Fontana General Plan EIR and the Addendum. The City Council finds that no new or additional mitigation measures or alternatives are required. The City Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Projects may result in any significant environmental impacts beyond those analyzed in the City of Fontana General EIR. The City Council finds that the Addendum contains a complete, objective, and accurate reporting of the environmental impacts associated with the Projects and reflects the independent judgment and analysis of the City Council.
Section 5. Adoption of the Addendum to the City of Fontana General Plan EIR.
The City Council hereby adopt the Addendum to the EIR for the City of Fontana General Plan (SCH No. 2016021099) and Mitigation, Monitoring, and Reporting Program (MMRP) that have been prepared pursuant State CEQA Guidelines S ections 15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
395
Resolution No. 2022-____
Section 6. Recitals. The above recitals are incorporated herein by reference.
Section 7. The City of Fontana City Council hereby makes the following findings for General Plan Amendment No. 21-007 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:
Finding No. 1: 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 proposed General Plan Amendment is to update the General Plan land use map to change the general plan land use designation on approximately 167 properties throughout the city to Multi-Family Medium/High Residential (R -MFMH) and Multi -Family High Residential (R-MFH). The changes to the General Plan land use map also include the establishment of an 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).
Section 8. Determine that the projects have been reviewed under a previous ly approved Final Environmental Impact (State Clearinghouse No. 2016021099), for the General Plan, pursuant to Section 15162 through 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.10 of the City of Fontana’s 2019 Local CEQA Guidelines and direct staff to file the Notice of Determination ; and approving General Plan Amendment No. 21-002, an amendment to the Chapter No. 5 of the City of Fontana General Plan for the 6th cycle Housing Element.
Section 9. Based on the foregoing, the City Council of the City of Fontana hereby approves General Plan Amendment No. 21 -007 attached hereto as Exhibit “A” (Under separate cover) to this Resolution and incorporated herein by this reference.
Section 10. 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.
396
Resolution No. 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 r esolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on February 8, 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
397
Resolution No. 2022-____
Exhibit “A”
General Plan land use map (Attached under separate cover)
398
ATTACHMENT NO. 9
ORDINANCE NO. 2022-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING ZONE CHANGE NO. 21-008 TO APPROVE CHANGES TO
THE ZONING DISTRICT MAP TO CHANGE THE ZONING ON MULTIPLE
PROPERTIES THROUGHOU T THE CITY TO MULITI -FAMILY
MEDIUM/HIGH REISENTIAL (R-4), MULTI-FAMILY HIGH RESIDENTIAL (R-5) AND DESIGNATE THE BOUNDARY FOR THE “R-4 OVERLAY” TO ACCOMMODATE THE 2021-2029 RHNA ALLOCATION
Whereas, City staff initiated a request for Zone Change No. 21-008, to update the Zoning District Map to change the zoning on approximately 158 properties throughout the City to Multi-Family Medium/High Residential (R-4) and Multi-Family High Residential (R- 5). The changes to the Zoning district map also include the establishment of an overlay to allow the potential of development at the R -4 density of 24.1 du/ac to 39 du/ac within a certain boundary . The identified changes ar e required to implement the 6 th cycle Housing element and accommodate the 2021-2029 RHNA allocation; and Whereas, On January 18, 2022 , the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interest ed parties, at the Public Hearing held with respect hereto on Zone Change No. 21-008; and Whereas, On January 18, 2022, the Planning Commission approved Resolution No. PC 2022-02 and recommended approval to City Council of Zone Change No. 21-008 and 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; and
Whereas, On February 8, 2021, the City Council held a duly noticed public hearing on Zone C hange No. 21-008 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 developed to high standards and provides diverse economic and social opportunities for our citizens and those who wish to invest here; and
THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Based on the foregoing, the City Council of the City of Fontana adopts the Addendum to the City of Fontana General Plan Environmental Impact Report (SCH No. 2016020199) pursuant to Section 15164 of the California Environmental Quality Act (CEQA) and Section No. 8.06 of the 2019 Local Guidelines for Implementing CEQA.
399
Ordinance No. ___
Section 2. Zone Code No. 21-008 is consistent with the goals and policies of the City of Fontana, General Plan Goal 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
Section 3. The City of Fontana City Council hereby makes the following findings for Zone Change No. 21-008 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:
Finding No. 1: 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: This zone change is to update the Zoning District Map to change the zoning on approximately 158 properties throughout the City to Multi- Family Medium/High Residential (R -4) and Multi-Family High Residential (R -5). The changes to the Zoning district map also include the establishment of an overlay to allow the potential of development at the R -4 density of 24.1 du/ac to 39 du/ac within a certain boundary 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).
Section 4. 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; and Section 5. The City Council approves Zone Change No. 21-008 to update the Zoning District Map (Exhibit “A”-Attached under separate cover) to change the zoning on multiple properties throughout 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 accommodation the 2021-2029 RHNA allocation; and,
Section 6. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Herald News, a local newspaper of the 400
Ordinance No. ___
general circulation, published and circulation in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 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:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
401
Ordinance No. ___
Exhibit A
Zoning district map
(Attached under separate cover)
402
ATTACHMENT NO. 10
ORDINANCE NO. 2022-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING ZONE C ODE AMENDMENT NO. 21-004 TO AMEND
CHAPTER 30 (DEVELOPMENT CODE) OF THE MUNICIPAL CODE TO ESTABLISH AN “R -4” O VERLAY TO ALLOW FOR ADDITIONAL
HOUSING AT THE R-4 DENSITIES
THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Whereas, City staff initiated a request for 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 Whereas, On January 18, 2022 , the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto on Zone Code Amendment No. 21- 004; and
Whereas, On January 18, 2022 , after carefully consider ing all information pertaining to the proposed project, including the staff report, findings, and all the information, evidence, and testimony presented at its public hearing , the Planning Commission approved Resolution No. PC 2022-02 and recommended approval to City Council of Zone Code Amendment No. 21-004; and
Whereas, On February 8, 2022, the City Council held a duly noticed public hearing on Zone C ode Amendment No. 21-004 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 developed to high standards and provides diverse economic and social opportunities for our citizens and those who wish to invest here; and
THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Based on the foregoing, the City Council of the City of Fontana adopts the Addendum to the City of Fontana General Plan Environmental Impact Report (SCH No. 2016020199) pursuant to Section 15164 of the California Environmental Quality Act (CEQA) and Section No. 8.06 of the 2019 Local Guidelines for Implementing CEQA.
Section 2. Zone Code Amendment No. 21-004 is consistent with the goals and policies of the City of Fontana, General Plan Goal 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
403
Ordinance No. ___
Section 3. The City of Fontana City Council hereby makes the following findings for Zone C ode Amendment No. 21-004 in accordance with Section 30 -40 “Purpose” of the Fontana Zoning and Development Code:
Finding No. 1: The Zoning and Development Code may be amended by changing the development sta ndards (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 ac cepted planning principles, surrounding land uses, and the General Plan.
Findings of Fact: This zone code amendment is to amend Chapter 30 (Development Code) of the Municipal Code to establish an overlay to allow for additional housing at the R -4 densitie s to accommodat e the 2021- 2029 RHNA allocation (issued by the Department of Housing and Community Development (HCD) and the Southern California Association of Governments (SCAG). These changes are consistent with the Draft Housing Element and will further promote housing opportunities for property owners.
Section 4. 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; and, Section 5. The City Council approves Zone Code Amendment No. 21-004 to and Chapter 30 (Development Code) of the Fontana Municipal Code to establish an “R-4 Overlay” to allow for development at R-4 densities within associated overlay boundaries on the City Zoning Map; and,
Section 6. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Herald News, a local newspaper of the general circulation, published and circulation in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 22nd day of February 2022.
READ AND APPROVED AS TO LEGAL FORM:
_________________________________________
404
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 wa s 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:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
405
Ordinance No. ___
Exhibit “A”
Proposed Changes to Chapter 30 (Zoning and Development Code) for the “R-4 Overlay”
Sec. 30-622. - Overlay districts.
(a) Medical center overlay district. A district that may overlay any medical center complex.
(b) Utility corridor overlay district. A district that is intended to provide for appropriate development within or near those areas containing easements for public utilities.
(c) Hillside overlay district. A district that protects the public health and safety, minimizes environmental impacts, and requires development to conform to the natural topography of hillside areas.
(d) Auto center overlay district. A district that is intended to promote new car and truck sales adjacent to the 1 -210 Freeway.
(e) Warehousing distribution/logistics overlay district (Sierra Avenue). A district that provides for the limited, well planned and orderly development of warehousing distribution/logistics uses on properties within the light industrial (M-1) zone as provided for in Section 30-532 et seq. Unlike other overlay districts in this division, this overlay identifies a geographic area where such uses may be allowed subject to a separate zone change request to establish the overlay on one or more parcels eligible to receive it.
(f) Valley business park overlay district. The intent of the Valley business park overlay is to provide for a well -planned and orderly development of business park and warehousing distribu tion uses on parcels within the M - 1 zone located on designated areas within the adopted overlay that are generally located on the south side of Valley Boulevard. (g) Emergency shelter overlay district. A district that provides for seamless incorporation of emergency, supportive, and transitional housing opportunities on specific properties within the light industrial (M -1) zoning district to house individuals at risk of homelessness with such needs for no more than a six -month period, as required by Governm ent Code § 65583(a)(4) and 65583(a)(5).
406
Ordinance No. ___
(h) (R-4) overlay district. The intent of the R -4 overlay district is to provide areas for the potential development at the Multi -Family Residential (R -4) density of 24.1 du/ac to 39 du/ac for multi -family development in close proximity to transit routes and convenience uses in recognition of the need for affordable housing.
DIVISION 10. – R-4 OVERLAY DISTRICT
Sec. 30-663.1. – R-4 overlay district regulations.
(a) Applicability. The provisions of this division shall apply to the parcels specified in Figure 1.
Figure 1
(b) Relation to underlying zoning. The R-4 overlay district is a flexible designation that is intended to apply as an alternative to the provisions of the underlying zoning.
(c) Intent. The intent of the R-4 overlay district is to provide areas for the potential development of affordable housing in close proximity to transit routes and convenience uses in recognition of the need for affordable medium/high density housing.
Sec 30-663.2 – Uses Permitted.
(a) Any use permitted in the underlying zoning district shall be permitted along with any use listed in Table 30-453 (Uses Permitted Within Mixed Use Development Projects).
407
Ordinance No. ___
Sec. 30-663.3. – General development standards and design guidelines.
(a) General. The development standards and design guidelines applicable to the R-4 overlay shall be consistent with the development standards and design guidelines referenced to R -4 as stated in Section 30 -445, Section 30 -446, Section 30-447, Section 30-448, Section 30-449, Section 30-450, Section 30- 451, Section 30 -452, Sect ion 30 -453, Section 30 -454, Section 30 -455, and Section 30-456 of this Code.
408
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1129 Agenda Date: 1/18/2022
Agenda #: PH-B Category: Public Hearing
FROM:
Planning Department
TITLE:
Master Case No. 21-050; General Plan Amendment No. 21-002, General Plan Amendment No. 21- 007, Zone Code Amendment No. 21-004, Zoning Change No. 21-008 - 6th Cycle Housing Element Update.
RECOMMENDATION:
Based on the information contained in this staff report and attached Exhibits under separate cover, 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 has been reviewed under a previous Final Environmental Impact Report (State Clearinghouse No. 2016021099), pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, an Addendum to the City of Fontana General Plan Environmental Impact Report (SWIP PEIR) (State Clearinghouse [SCH] No. 2016021099) has been prepared.
2. Adopt a Resolution approving General Plan Amendment No. 21-002; and
3. Adopt a Resolution approving General Plan Amendment No. 21-007; and
4. Adopt an Ordinance approving Zone Change No. 21-008
5. Adopt an Ordinance approving Zone Code Amendment No. 21-004.
APPLICANT:
City of Fontana
8353 Sierra Avenue
Fontana, CA, 92335
LOCATION:
City Wide
REQUEST:
A request to recommend that the City Council approve:
1. General Plan Amendment No. 21-002- A request to amend Chapter 5 (Housing Element) of City of Fontana Printed on 1/13/2022Page 1 of 7
powered by Legistar™
45 ATTACHMENT NO. 11
File #: 21-1129 Agenda Date: 1/18/2022
Agenda #: PH-B Category: Public Hearing
1. General Plan Amendment No. 21-002- A request to amend Chapter 5 (Housing Element) of the 2015-2035 General Plan and adopt the 2021-2029 6th cycle Housing Element
2. General Plan Amendment No. 21-007- A request to update 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-4Overlay”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).
3. Zone Change No. 21-008- A request to update 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 (issued by the Department of Housing and Community Development (HCD) and the Southern California Association of Governments (SCAG).
4. Zone Code Amendment No. 21-004-A request to amendment Chapter 30 (Development Code) of the Municipal Code to establish an “R-4Overlay”to allow for additional housing at the R-4 densities.
PROJECT PLANNER:
DiTanyon Johnson, Principal Planner
Cecily Session-Goins, Associate Planner
BACKGROUND INFORMATION:
The entitlements requested support required updates to the City’s General Plan Housing Element.
A. Previous Approvals:
· The 2015-2035 General Plan was approved by City Council on November 13, 2018. · The 2013-2021 Housing Element was approved by the City Council February 11, 2014.
B. Workshops and Public Outreach:
A variety of workshops and public outreach events were conducted to inform the public about the Housing Element update and gather input. These included:
· 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.
· 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.
City of Fontana Printed on 1/13/2022Page 2 of 7
powered by Legistar™
46 ATTACHMENT NO. 11
File #: 21-1129 Agenda Date: 1/18/2022
Agenda #: PH-B Category: Public Hearing
· 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.
ANALYSIS:
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. RHNA quantifies the need for housing within each jurisdiction during specified planning periods. 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.
City of Fontana Printed on 1/13/2022Page 3 of 7
powered by Legistar™
47 ATTACHMENT NO. 11
File #: 21-1129 Agenda Date: 1/18/2022
Agenda #: PH-B Category: Public Hearing
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 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.
City of Fontana Printed on 1/13/2022Page 4 of 7
powered by Legistar™
48 ATTACHMENT NO. 11
File #: 21-1129 Agenda Date: 1/18/2022
Agenda #: PH-B Category: Public Hearing
· 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 for 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:
The 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 the General plan land use map are needed to create more opportunities to satisfy the City’sRHNA allocation at the low and very low income category, which are accommodated through densities at the 30 du/ac or higher range. 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 the RHNA identified 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 the City’s RHNA number of 17,519 housing units.
City of Fontana Printed on 1/13/2022Page 5 of 7
powered by Legistar™
49 ATTACHMENT NO. 11
File #: 21-1129 Agenda Date: 1/18/2022
Agenda #: PH-B Category: Public Hearing
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 a 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 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 amend 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 Planning Commission forward a recommendation to the City Council for the adoption of the Housing Element and the associated entitlements. Staff believes that the most recent revisions address HCD’s remaining 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 associated rezoning actions, instead of the current three years. If the Draft Housing Element is recommended for approval by the Planning Commission, staff anticipates taking the Draft Housing Element and associated changes before the City Council on February 8, 2022. With a recommendation of approval by the Planning Commission and approval by the City Council of the Draft Housing Element and associated applications, 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.
MOTION:
Accept staff’s recommendation
City of Fontana Printed on 1/13/2022Page 6 of 7
powered by Legistar™
50 ATTACHMENT NO. 11
File #: 21-1129 Agenda Date: 1/18/2022
Agenda #: PH-B Category: Public Hearing
ATTACHMENTS:
Attachment No. 1- PC Resolution
Attachment No. 2- Language for the “R-4 Overlay”
UNDER SEPARATE COVER:
Exhibit A-Draft Housing Element
Exhibit B-General Plan land use map showing up-zoning
Exhibit C-Zoning Map showing up-zoning
Exhibit D-Addendum to the General Plan EIR
City of Fontana Printed on 1/13/2022Page 7 of 7
powered by Legistar™
51 ATTACHMENT NO. 11
ATTACHMENT NO. 1
RESOLUTION PC NO. 2022-___
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
FONTANA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ADDENDUM TO THE CITY OF FONTANA GENERAL PLAN EIR AND
DIRECT STAFF TO FILE THE NOTICE OF DETERMINATION AND
ADOPT A RESOLUTION APPROVING GENERAL PLAN
AMENDMENT 21 -002, ADOPT A RESOLUTION APPROVING
GENERAL PLAN AMENDMENT NO. 21-007, ADOPT AN ORDINANCE
APPROVING ZONE CHANGE NO. 21 -004, AND ADOPT AN
ORDINANCE APPROVING ZONING CODE AMENDMENT NO. 21-008.
WHEREAS, a request was made to recommend approval to the City Council for General Plan Amendment No. 21 -002, General Plan Amendment No. 21 -007, Zone Change Amendment No. 21 -004, Zoning Cod e Amendment No. 21 -008 as detailed below:
1. General Plan Amendment No. 21-002 to amend Chapter 5 (Housing Element) of the 2015-2035 General Plan and adopt the 2021-2029 6th cycle Housing Element
2. General Plan Amendment No. 21-007 to update 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 the creation of an “R -4 Overlay” boundary to accommodation the 2021-2029 RHNA allocation (issued by the Department of Housing and Community Development (HCD) and the Southern California Association of Governments (SCAG).
3. Zone Code Amendment No. 21-008 to update the Zoning District Map to change the zoning on multiple properties through the City to Multi -Family Medium/High Residential (R-4) and Multi-Family High Residential (R-5) to accommodation the 2021-2029 RHNA allocation (issued by the Department of Housing and Community Development (HCD) and the Southern Californi a Association of Governments (SCAG).
4. Zone Code Amend ment No. 21 -004-A request to amendment Chapter 30 (Development Code) of the Municipal Code to establish an “R-4 Overlay” to allow for additional housing at the R-4 densities.
Project Applicant: City of Fontana, Planning Department
Project Location: City Wide
52 ATTACHMENT NO. 11
Resolution PC No. 2022-____
ATTACHMENT NO. 1
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 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 H o u s i n g E l e m e n t w h i c h 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). The 6th cycle Housing Element incorporate goals, policies and actions which demonstrate the City's ability to accommodate its fair share of housing for this planning period; and,
WHEREAS, Additionally, a 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. The RHNA quantifies the need for housing within each jurisdiction during specified planning periods. The current planning period ("cycle”) is for the years 2021-2029. The RHNA identifies existing and future housing needs resulting from population, employment, and household growth . Moreover, the RHNA allows communities to anticipate growth, so that collectively the region and subregion can grow in ways that enhance quality of life, improve access to jobs, promotes transportation mobility, and addresses social equity, and fair share housing needs ; and,
WHEREAS, the City’s share of the regional housing need is 17,519 units as provided by the Southern California Associated of Governments (SCAG) and establishes the number of potential units based on income category that the City will accommodate during the 6th Cycle from 2021 to 2029; and,
WHEREAS, on June 25, 2021, the City submitted the Draft Housing Element to the California Department of Housing and Community Development (HCD) for the review and comment, in accordance with State housing law; and, WHEREAS, on August 24, 2021 HCD provided written correspondence indicating that the draft element addressed many statutory requirements; however revisions will be necessary to comply with State Housing Element Law; and, WHEREAS, on October 22, 2021 the City submitted the Draft Housing Element to the California Department of Housing and Community Development (HCD) for the review and comment, in accordance with State housing law; and, WHEREAS, on December 21, 2021 HCD provided written correspondence indicating that the draft element a ddressed many statutory requirements; however, revisions were necessary to comply with State Housing Element Law; and, WHEREAS, the Draft Housing Element has been revised to address HCD’s comments of December 21, 2021 as described in the Planning Commission staff report dated January 18, 2022, in compliance with State law. The revised Draft Housing 53 ATTACHMENT NO. 11
Resolution PC No. 2022-____
ATTACHMENT NO. 1
Element has been resubmitted to HCD and a ny minor changes to the Draft Housing Element that are requested by HCD , given the adoption of this ordinance and minor changes can be made by the Director of Planning, where consistent with the goals and polices of the City of Fontana General Plan; and,
WHEREAS, the Planning Commission finds that the proposed update to the Zoning and Development Code, General Plan map (Exhibit B) and Zoning Map (Exhibit C) is compatible with the general objectives of the General Plan, and that both updates directly implement General Plan policy, thereby enhancing consistency between the General Plan, Zoning and Development Code and Zoning Map; and
WHEREAS, General Plan Amendment No. 21 -002, General Plan Amendment No. 21-007, Zone Change Amendment No. 21-004, Zoning Code Amendment No. 21- 008 are consistent with the goals and polices of the General Plan; and,
WHEREAS notices required by statute of the Fontana City Code have been given as required; and
WHEREAS, on January 18, 2022 , the Planning Commission received a staff report and all the information, evidence, and public testimony and considered General Plan Amendment No. 21 -002, General Plan Amendment No. 21 -007, Zone Change Amendment No. 21-004, and Zoning Code Amendment No. 21-008; and,
WHEREAS, the Planning Commission finds that the proposed update to the Zoning and Development Code, the General Plan Map, and the Zoning Map will be in conformity with good land use practice and is intended to facilitate ease of use and understanding, as well as to establish appropriate development standards land use designations; and,
WHEREAS, the Commission carefully considere d 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 January 18, 2022; and,
WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred.
NOW, THEREFORE, the Planning Commission RESOLVES as follows:
Section 1. Recitals. The above recitals are incorporated herein by reference.
Section 2. Compliance with California Environmental Quality Act. The Planning Commission has reviewed and considered the City of Fontana General Plan EIR and Addendum, any oral or written comments received, and the administrative record prior to making any decision on the Proposed Project. The Planning Commission finds that the Addendum and City of Fontana General Plan EIR contain a complete and accurate reporting of all of the environmental impacts associated with the Project. The Planning Commission further finds that the Addendum ha s been completed in compliance with 54 ATTACHMENT NO. 11
Resolution PC No. 2022-____
ATTACHMENT NO. 1
the State CEQA Guidelines and Section 6.21 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
Section 3. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report. Based on the substantial evidence set for th in the record, including but not limited to, the City of Fontana General Plan EIR, the Addendum, and all related information presented to the Planning Commission, the Commission finds that the Projects necessitate only minor modifications to the City of Fontana General Plan EIR. Therefore, pursuant to State CEQA section 15164 and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, an Addendum to the City of Fontana General Plan EIR is the appropriate document for each project.
The Planning Commission further finds that the preparation of a subsequent or supplemental EIR is not required for the proposed Projects because the Projects:
A. Will not result in substantial changes that would require major revisions of the City of Fontana General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
B. Will not result in substantial changes with respect to the circumstances un der which the Proposed Projects are developed that would require major revisions of the City of Fontana General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and
C. Does not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the City of Fontana General Plan EIR documents were certified showing any of the following:
(i) The proposed Project would have one or more significant effects not discussed in the EIR;
(ii) That significant effects previously examined would be substantially more severe than shown in the EIR;
(iii) That mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the lead agency declined to adopt such measures; and
(iv) That mitigation measures or alternatives considerably different from those analyzed would substantially reduce one or more significant effects on the environment, but which the lead agency declined to adopt.
55 ATTACHMENT NO. 11
Resolution PC No. 2022-____
ATTACHMENT NO. 1
Section 4. Findings on Environmental Impacts . Having considered the Addendum, the administrative record, the City of Fontana General Plan EIR and all written and oral evidence presented to the Planning Commission, the Commission finds that all environmental impacts of the applications have been addressed within the City of Fontana General Plan EIR and the Addendum. The Planning Commission finds that no new or additional mitigation measures or alternatives are required. The Planning Commission further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Projects may result in any significant environmental impacts beyond those analyzed in the City of Fontana General EIR. The Planning Commission finds that the Addendum contains a complete, objective, and accurate r eporting of the environmental impacts associated with the Projects and reflects the independent judgment and analysis of the Planning Commission.
Section 5. Adoption of the Addendum to the City of Fontana General Plan EIR.
The Planning Commission hereb y recommends to the City Council adopt the Addendum to the EIR for the City of Fontana General Plan (SCH No. 2016021099) and Mitigation, Monitoring, and Reporting Program (MMRP) that have been prepared pursuant State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
Section 6. Recitals. The above recitals are incorporated herein by reference.
Section 7. The City of Fontana Planning Commission hereby makes the following findings for General Plan Amendment No. 21-002 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:
Finding No. 1: 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 proposed general plan amendment is a request to amend Chapter 5 (Housing Element) of the 2015-2035 General Plan and adopt the 2021 -2029 6 th 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 H o u s i n g E l e m e n t w h i c h 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).
Moreover, the RHNA allows communities to anticipate growth, so that collectively the region and subregion can grow in ways 56 ATTACHMENT NO. 11
Resolution PC No. 2022-____
ATTACHMENT NO. 1
that enhance quality of life, improve access to jobs, promotes transportation mobility, and addresses fair share housing needs .
Finding No. 2: The proposal substantially promotes the goals of the General Plan.
The proposed update to the General Plan, Zoning and
Development Code, General Plan map (Exhibit B) and Zoning Map (Exhibit C) promotes the goals the General Plan. Additionally, the updates directly implement General Plan policy, thereby enhancing consistency between the General Plan, Zoning and Development Code and Zoning Map.
Section 8. The City of Fontana Planning Commission hereby makes the following findings for General Plan Amendment No. 21-007 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:
Finding No. 1: 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 proposed General Plan Amendment is to update the General Plan land use map to change the general plan land use
designation on approximately 167 properties throughout the city to Multi-Family Medium/High Residential (R -MFMH) and Multi - Family High Residential (R -MFH). The changes to the General Plan land use map also include the establishment of an 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).
Section 9. The City of Fontana Planning Commission hereby makes the following findings for Zone C hange No. 21 -008 in accordance with Section 30 -40 “Purpose” of the Fontana Zoning and Development Code:
Finding No. 1: 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.
57 ATTACHMENT NO. 11
Resolution PC No. 2022-____
ATTACHMENT NO. 1
Findings of Fact: This zone change is to update the Zoning District Map to change the zoning on approximately 158 properties throughout the City to Multi-Family Medium/High Residential (R -4) and Multi-Family High Residential (R -5). The changes to the Zoning district map also include the establishment of an overlay to allow the potential of development at the R-4 density of 24.1 du/ac to 39 du/ac within a certain boundary 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).
Section 10. The City of Fontana Planning Commission hereby makes the following findings for Zone Code Amendment No. 21-004 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:
Finding No. 1: 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, s urrounding land uses, and the General Plan.
Findings of Fact: This zone code amendment is to amendment Chapter 30 (Development Code) of the Municipal Code to establish and overlay to allow for additional housing at the R -4 densities to accommodation the 2021 -2029 RHNA allocation (issued by the Department of Housing and Community Development (HCD) and the Southern California Association of Governments (SCAG).
These changes are consistent with the Draft Housing Element and will further promote housing opportunities for property owners.
Section 11. The Planning Commission hereby recommends approval of General Plan Amendment No. 21 -002, General Plan Amendment No. 21 -007, Zone Code Amendment No. 21 -004, Zoning C hange No. 21 -008, subject to the Findings listed in Sections 7 through 10. Based on the foregoing, the City of Fontana Planning Commission re commends that the City Council adopts a resolution adopting the Addendum to the City of and direct staff to file the Notice of Determination and approving General Plan Amendment No. 21 -002, General Plan Amendment No. 21 - 007, Zone Code Amendment No. 21-004, Zoning Change No. 21-008 subject to the findings as indicated herein.
58 ATTACHMENT NO. 11
Resolution PC No. 2022-____
ATTACHMENT NO. 1
Section 12. 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 13. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 18th day of January 2022.
City of Fontana
___________________________
Cathline Fort, Chairperson
ATTEST:
I, Idilio Sanchez, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on this 18th day of January, 2022, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Idilio Sanchez, Secretary
59 ATTACHMENT NO. 11
ATTACHMENT NO. 2
Proposed Changes to Chapter 30 (Zoning and Development Code) for the “R-4 Overlay”
Sec. 30-622. - Overlay districts.
(a) Medical center overlay district. A district that may overlay any medical center complex.
(b) Utility corridor overlay district. A district that is intended to provide for appropriate development within or near those areas containing easements for public utilities.
(c) Hillside overlay district. A district that protects the public health and safety, minimizes environmental impacts, an d requires development to conform to the natural topography of hillside areas.
(d) Auto center overlay district. A district that is intended to promote new car and truck sales adjacent to the 1 -210 Freeway.
(e) Warehousing distribution/logistics overlay di strict (Sierra Avenue). A district that provides for the limited, well planned and orderly development of warehousing distribution/logistics uses on properties within the light industrial (M-1) zone as provided for in Section 30-532 et seq. Unlike other overlay districts in this division, this overlay identifies a geographic area where such uses may be allowed subje ct to a separate zone change request to establish the overlay on one or more parcels eligible to receive it.
(f) Valley business park overlay district. The intent of the Valley business park overlay is to provide for a well -planned and orderly development of business park and warehousing distribution uses on parcels within the M - 1 zone located on designated areas within the adopted overlay that are generally located on the south side of Valley Boulevard. (g) Emergency shelter overlay district. A district th at provides for seamless incorporation of emergency, supportive, and transitional housing opportunities on specific properties within the light industrial (M -1) zoning district to house individuals at risk of homelessness with such needs for no more than a six-month period, as required by Government Code § 65583(a)(4) and 65583(a)(5).
(h) (R-4) overlay district. The intent of the R -4 overlay district is to provide areas for the potential development at the Multi -Family Residential (R -4) density of 12.1 du/ac to 24 du/ac for multi-family development/ affordable housing in close proximity to transit routes 60 ATTACHMENT NO. 11
Attachment No. 2
and convenience uses in recognition of the need for affordable housing.
DIVISION 10. – R-4 OVERLAY DISTRICT
Sec. 30-663.1. – R-4 overlay district regulations.
(a) Applicability. The provisions of this division shall apply to the parcels specified in Figure 1.
Figure 1
(b) Relation to underlying zoning. The R -4 overlay district is a flexible designation that is intended to apply as an alternative to the provisions of the underlying zoning.
(c) Intent. The intent of the R -4 overlay district is to provide areas for the potential development of affordable housing in close proximity to transit routes and convenience uses in recognition of the need for affordable medium/high density housing.
Sec 30-663.2 – Uses Permitted.
(a) Any use permitted in the underlying zoning district shall be permitted along with any use listed in Table 30 -453 (Uses Permitted Within Mixed Use Development Projects).
61 ATTACHMENT NO. 11
Attachment No. 2
Sec. 30-663.3. – General development standards and design guidelines.
(a) General. The development standards and design guidelines applicable to the R-4 overlay shall be consistent with th e development standards and design guidelines referenced to R -4 as stated in Section 30 -445, Section 30 -446, Section 30-447, Section 30-448, Section 30-449, Section 30-450, Section 30- 451, Section 30 -452, Section 30 -453, Section 30 -454, Section 30 -455, and Section 30-456 of this Code.
62 ATTACHMENT NO. 11
Planning Commission Minutes January 18, 2022
PH- B Master Case No. 21-050; General Plan Amendment No. 21-002, General Plan Amendment No. 21-007, Zone Code Amendment No. 21-004, Zoning Change No. 21-008- 6th Cycle Housing Element Update.
Vice Chair Sangha opened the Public Hearing Item.
DiTanyon Johnson, Principal Planner presented the staff report, noting that Associate Planner, Cecily Session-Goins also worked on this project.
The commission and staff discussed the Regional Housing Needs Allocation (RHNA) numbers, income levels, and density levels.
Deputy City Manager, Phil Burum clarified that the city must provide the opportunity for affordable housing to be developed within the allowed and corresponding zoning, as permitted.
The following individual spoke in opposition of the project:
Angel Esparza
The Public Hearing was closed.
RECOMMENDATION:
Based on the information contained in this staff report and attached Exhibits under separate cover, staff recommends that the Planning Commission adopt Resolution PC No. 2022-002, and forward a recommendation to the City Council to:
1. Determine that the project has been reviewed under a previous Final Environmental Impact Report (State Clearinghouse No. 2016021099), pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, an Addendum to the City of Fontana General Plan Environmental Impact Report (SWIP PEIR) (State Clearinghouse [SCH] No. 2016021099) has been prepared.
2. Adopt a Resolution approving General Plan Amendment No. 21-002; and
3. Adopt a Resolution approving General Plan Amendment No. 21-007; and
4. Adopt an Ordinance approving Zone Change No. 21-008
5. Adopt an Ordinance approving Zone Code Amendment No. 21-004.
ATTACHMENT NO. 12
427
Planning Commission Minutes January 18, 2022
ACTION: Motion was made by Secretary Sanchez, seconded by Commissioner Gordon, and passed unanimously by a vote of 4-0 to adopt the Resolution presented. The motion carried by the following vote:
Aye:Vice Chair Sangha, Secretary Sanchez, and Commissioners Gordon and Thrasher
Absent:Chair Fort
ATTACHMENT NO. 12
428
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-996 Agenda Date: 2/8/2022
Agenda #: A. Category: New Business
FROM:
Public Works
SUBJECT:
Approve an Ordinance Amending Chapter 24 of the Fontana Municipal Code - Solid Waste RECOMMENDATION:
Read by title only and waive further reading of and introduce Ordinance No. ___ , an Ordinance of the City Council of the City of Fontana, California approving an Amendment to Chapter 24 of the Fontana Municipal Code Regarding Solid Waste Regulation.
COUNCIL GOALS:
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by enhancing existing waste reduction and recycling activities · To preserve the local environment for generations to come and to create a healthy economic and environmental future by promoting programs that encourage reducing Green House gas emissions.
DISCUSSION:
SB 1383 was signed into law by Governor Jerry Brown on September 19, 2016. SB 1383 sets aggressive targets for reducing the amount of organic waste that can be sent to landfills by requiring all California jurisdictions to implement mandatory organic recycling programs. The legislation requires all single family, multi-family, and commercial solid waste generators to have access to recycling programs that capture organic waste and divert it from landfills. This includes food waste, which has traditionally been landfilled and now must be composted or otherwise processed. The law also requires jurisdictions to implement a food recovery program to assist the State in increasing edible food recovery by 20%. This food recovery program is focused on entities generating large amounts of edible food and connecting generators with food recovery services.
Assembly Bill (AB) 341, enacted in 2011, and AB 1826, enacted in 2014, mandated commercial recycling and commercial organics recycling and are incorporated into the SB 1383 regulations. AB 341 requires all commercial businesses and public entities that generate four cubic yards or more of waste per week to have a recycling program in place. AB 1826 requires businesses that generate two cubic yards of commercial solid waste per week to arrange for organic waste recycling services and report to CalRecycle on their progress in implementing an organic waste recycling program. The SB 1383 regulations expand upon AB 341 and AB 1826 by requiring all residents and commercial solid waste generators to comply with a source separated solid waste collection system.
This ordinance is the first step in the City’sprocess for complying with the SB 1383 regulations. It adopts the required food recovery and similar programs for edible food recovery. It also requires customers to receive SB 1383-compliant solid waste service. Lastly, the proposed ordinance makes City of Fontana Printed on 2/2/2022Page 1 of 2
powered by Legistar™
429
File #: 21-996 Agenda Date: 2/8/2022
Agenda #: A. Category: New Business
customers to receive SB 1383-compliant solid waste service. Lastly, the proposed ordinance makes some clean-up edits to address best practices in the solid waste industry. This ordinance is based on a model ordinance provided by CalRecycle. Staff is now discussing a potential amendment to the City’ssolid waste franchise to require Burrtec to provide the new services, especially residential food waste service. This amendment will be brought forward in the future for City Council consideration.
The SB 1383 regulations generally require full compliance by January 1, 2022. The City will not meet this deadline. However, SB 619 exempts local agencies that are diligently pursuing compliance with SB 1383 from being assessed fines if they fail to meet the initial January 1, 2022, deadline.
FISCAL IMPACT:
At this time, there are no direct or indirect costs associated with the proposed legislative amendment.
However, implementation of the new SB 1383 programs will likely result in increased solid waste fees. This will be determined based on discussions with Burrtec regarding the necessary solid waste franchise amendment.
MOTION:
Approve staff’s recommendation
City of Fontana Printed on 2/2/2022Page 2 of 2
powered by Legistar™
430
16498.00150\34434295.3
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA
AMENDING ARTICLES I THROUGH IV, AND REPEALING ARTICLES V AND VI, OF CHAPTER 24 OF THE FONTANA MUNICIPAL CODE RELATING TO SOLID
WASTE AND RECYCLING
WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recovery (“CalRecycle”) to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025; and WHEREAS, SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of edible food that is currently thrown away; and WHEREAS, CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12 (Short-Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations (“SB 1383 Regulations”); and
WHEREAS, the SB 1383 Regulations take effect January 1, 2022, and requires the City of Fontana to adopt an ordinance to enforce the SB 1383 Regulations by said date, and; WHEREAS, the City Council desires to amend its Solid Waste and Recycling Ordinance to comply with the SB 1383 Regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS FOLLOWS:
SECTION 1. Articles I through IV of Chapter 24 are hereby amended in their entirety as set forth in Exhibit A, incorporated by this reference.
SECTION 2. Articles V and VI of Chapter 24 are hereby repealed.
SECTION 3. Environmental review is not required because adoption of the Ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378(b)(5) (organization or administrative activities of governments not a project).
SECTION 4. If any section, subsection, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof to any person or circumstance be held invalid.
SECTION 5. No less than five days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section 36933. The City Clerk will certify to the passage of this Ordinance by the City Council of the City of Fontana, California, and cause a summary to be published once within fifteen (15) days 431
16498.00150\34434295.3
after its passage in a newspaper of general circulation, printed, published and circulated in the City in accordance with Government Code section 36933.
SECTION 6. This Ordinance shall take effect and be in full force 30 days after its adoption.
INTRODUCED on the ___th day of November, 2021, and PASSED AND ADOPTED by the City Council of the City of Fontana on this ___th day of November, 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ____________________________
Acquanetta Warren
Mayor
ATTEST:
By: ______________________________
Tonia Lewis
City Clerk
APPROVED AS TO FORM:
By: _______________________
Ruben Duran
City Attorney
432
16498.00150\34434295.3
CERTIFICATION
I, __________________, City Clerk of the City of Fontana, California, do hereby certify that the foregoing Ordinance was regularly introduced and adopted by the City Council of the City of Fontana, California, at an adjourned regular meeting thereof held on the __ day of ___________, 2021, by the following vote of the City Council:
AYES:
NOES:
ABSTAINED:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Fontana this ___ day of ____________, 2021.
By: __________________________________
Tonia Lewis
City Clerk
433
16498.00150\34434295.3
Exhibit A
Chapter 24 SOLID WASTE AND RECYCLING
ARTICLE I DEFINITIONS AND AUTHORITY
Sec. 24-1 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless it is apparent from the context that a different meaning is intended:
Authorized recycling agent means a person with whom the city authorizes or contracts with to collect its recyclable waste material. An authorized recycling agent may be a municipal collection service, private refuse hauler, private recycling enterprise, or private nonprofit corporation or association. (Pub. Res. Code § 40105).
CalRecycle means California's Department of Resources Recycling and Recovery and its successor.
City means the City of Fontana, California.
City manager means the chief administrative officer of the City of Fontana or his or her designee.
Collection means the operation of gathering together and transporting solid waste to a point of disposal and/or recycling or composting.
Collector means a person employed by the city or any person (or the agents or employees thereof) whom the city shall have duly licensed, franchised, granted a permit to, or contracted with, to collect, carry, transport, compost, and/or recycle solid waste, including organic waste and recyclable materials, within the city.
Commercial edible food generator includes a tier one or a tier two commercial edible food generator as defined in this chapter or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
Commercial business means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) units is not a commercial business.
434
16498.00150\34434295.3
Community composting means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
Compliance review means a review of records by the city to determine compliance with this chapter.
Compost means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
Container means any and all type of receptacles, including bins, cans, carts, or roll-off boxes, used for the storage of solid waste, recyclable materials, or organic waste. (1) Black container has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of black container waste. (2) Blue Container has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste. (3) Green container has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste.
Container contamination or contaminated container means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
Contractor means any person, persons, firm, corporation or partnership that has been issued a contract or franchise by the city council for the purpose of collecting, transporting, recycling, composting and/or disposing of solid waste.
C&D means construction and demolition debris.
Customer means any person, business, or other organization entering into any agreement with the city or with the collector for the collection, removal, disposal, composting and/or recycling of solid waste within the city.
Designated recycling collection location means the place where an authorized recycling agent has contracted with either the city or a private entity to pick up recyclable material segregated from other waste material. Designated recycling collection location includes, but is not limited to, the curbside of a residential neighborhood or the service alley of a commercial enterprise. (Pub. Res. Code § 40120).
435
16498.00150\34434295.3
Developed real property means any real property within the city with one or more structures erected upon it.
Disposal facility or facility means any facility or location where the disposal of solid waste occurs. (Pub. Res. Code § 40121).
Disposal site includes the place, location, tract of land, area, or premises in use, intended to be used, or which has been used for the landfill disposal of solid wastes. A disposal site includes a solid waste landfill as defined in Pub. Res. Code § 46027.
Dwelling, multiple. “Multiple dwelling” or “Multifamily dwelling” means a residential building designed for occupancy by more than one family, consisting of more than one living unit, even where there is no more than one water meter on such premises, but excluding hotels, motels and lodges. For purposes of Article III, a multi-family residential dwelling means residential premises with five (5) or more dwelling units.
Dwelling, single-family. “Single-family dwelling” means a detached building designed for occupancy by one family and consisting of a solitary living unit.
Edible Food means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), Edible Food is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
Enforcement action means an action of the city to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
Enforcement Officer means the City Manager, county administrative official, public works director, environmental control supervisor or other executive in charge or their authorized Designee(s) who is/are partially or whole responsible for enforcing this chapter.
Excluded waste means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, infectious or medical waste, infectious waste, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State or Federal law, regulation, or ordinance.
Food Distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
Food facility has the same meaning as in Section 113789 of the Health and Safety Code. 436
16498.00150\34434295.3
Food recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
Food recovery organization means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
Food recovery service means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
Food scraps means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
Food service provider means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
Food-soiled paper is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
Food waste means food scraps and food-soiled paper.
Garbage includes, but is not restricted to, every accumulation of animal, vegetable, or other material:
437
16498.00150\34434295.3
(1) Resulting from the preparation and consumption of edible foodstuffs; or (2) Resulting from decay, dealing, or storage of meats, fish, fowl, fruits or vegetables, including the cans, containers, or wrappers wasted along with such materials; or
(3) Such industrial, domestic and organic solid wastes or residue of animals sold for meat; or
(4) Fruit, vegetable and animal matter from kitchens, dining rooms, markets, food establishments or any other place using, dealing in or handling meats, fish, fowl, fruits, vegetables, grains, or other foodstuffs; or
(5) Offal, animal excrement or the carcasses of animals, fish or fowl. (San Bernardino County Uniform Environmental Health Code § 33.082(a)).
Black container waste means solid waste that is collected in a black container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the black container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
Grocery store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
Gross annual receipts means any and all compensation and other consideration in any form whatsoever received directly or indirectly by the contractor from customers in payment for service received within the city.
Hauler route means the designated itinerary or sequence of stops for each segment of the city’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
Hazardous waste means a waste, or combination of wastes, which because of its quantity, concentration or physical, chemical, or infectious characteristics may do either of the following:
(1) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. (2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
438
16498.00150\34434295.3
Unless expressly provided otherwise, “hazardous waste” includes extremely hazardous waste and acutely hazardous waste. (Pub. Res. Code § 40141).
High diversion organic waste processing facility means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the mixed waste organic collection stream as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
Health officer means the city manager or his or her designee.
Inspection means a site visit where a city reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
Industrial waste means solid waste resulting from industrial processes and manufacturing operations, including, but not limited to, wholesale add volume food processing waste, boiler house cinders, and chemical wastes. Industrial waste does not come from normal household operations.
Large event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.
Large venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
439
16498.00150\34434295.3
Local education agency means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
Multiple dwelling. See “Dwelling, multiple.”
Non-combustible rubbish means ashes, bottles, broken crockery, glasses, tin cans and other metallic substances and the like or similar articles or substances that will not incinerate.
Non-compostable paper includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
Non-municipal commercial recyclers means a person or business which collects recyclable materials from other businesses under a separate agreement with each business from which the materials are collected. A non-municipal commercial recycler does not handle solid waste and is not the city’s contracted municipal collector.
Non-organic recyclables means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
Notice of violation (NOV) means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
Organic waste means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
Organic waste generator means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
Paper products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
Printing and writing papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
440
16498.00150\34434295.3
Processing means the reduction, separation, recovery, conversion, or recycling of solid waste. (Pub. Res. Code § 40172).
Prohibited container contaminants means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city’s green container; (iii) discarded materials placed in the black container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city’s green container and/or blue container; and, (iv) excluded waste placed in any container.
Property owner means the person, persons, partnership or corporation having legal title to property or to whom the taxes on a property are assessed, as shown on the last equalized assessment roll of the County of San Bernardino, or alternately, from such other records of the county assessor or tax collector that may contain more recent information.
Recyclable materials or recyclables means material that is source-separated so that the material can be salvaged or recovered for reuse, or which has some potential economic value, and which is therefore set aside, handled, packaged, or offered for Collection in a manner different from other solid waste.
Recycler means a permitted commercial endeavor that includes collectors, distributors, regroupers or adapters of unused or under used materials that are put to different uses than originally intended.
Recycle or recycling means the process of collecting, sorting, cleansing, treating, and/or reconstituting materials that would otherwise become solid wastes, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation, as defined in Pub. Res. Code § 40201. (Pub. Res. Code § 40180).
Refuse means all putrescible and non-putrescible solid or liquid wastes, except sewage, whether combustible or non-combustible, and including garbage, rubbish, and trash.
Restaurant means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
Roll-off containers or pull-on containers means any large detachable containers, 14 cubic yards or more in capacity, employed in a system of materials handling in which the loaded container is pulled onto the service vehicle mechanically and transported to an approved site for emptying.
441
16498.00150\34434295.3
Rubbish includes, but is not restricted to, all putrescible and non-putrescible waste or debris such as paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction waste and debris, litter, and other similar materials.
Route review means a visual Inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
SB 1383 Regulations or SB 1383 regulatory means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
Self-hauler means a person, who hauls solid waste, organic waste or recyclable material he or she has generated t o another person. Self -hauler also includes a person who back -hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
Senior citizen means an individual of 60 years or more who qualifies for the state homeowner’s property tax assistance and who has an annual income less than the median income, as established by San Bernardino County.
Single-family dwelling. See “Dwelling, single-family.”
Solid waste has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. 442
16498.00150\34434295.3
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1.
Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
Source reduction means any action which causes a net reduction in the generation of solid waste. Source reduction includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generators produce, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials. (Pub. Res. Code § 40196).
Source-separated means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials.
Source separated recyclable materials means source separated non-organic recyclables.
Supermarket means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
Tier one commercial edible food generator means a commercial edible food generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
443
16498.00150\34434295.3
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
Tier two commercial edible food generator means a commercial edible food generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site food facility and 200 or more rooms. (3) Health facility with an on-site food facility and 100 or more beds. (4) Large venue.
(5) Large event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
Transfer or processing station or station:
(1) Includes those facilities used to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or used to transfer the solid wastes directly from smaller to larger vehicles for transport, and those facilities utilized for transformation.
(2) Does not include any of the following:
a. A facility, whose principal function is to receive, store, separate, convert, or otherwise process manure in accordance with minimum state standards.
b. A facility, whose principal function is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal.
444
16498.00150\34434295.3
c. The operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a solid waste collection and disposal business in accordance with regulations adopted pursuant to Pub. Res.
Code § 43309. (Pub. Res. Code § 40200).
Transformation means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. Transformation does not include composting. (Pub. Res.
Code § 40201).
Wholesale food vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
Sec. 24-2 Declaration of policy.
(a) The intent and purpose, of this chapter is to comply with state law on solid waste management, including management of organic wastes and recyclable materials, as it is found in Pub. Res. Code § 40000 et seq., as amended from time to time. (b) State law requires that local agencies such as the city control and reduce their waste streams. This reduction requires a change in the solid waste collection practices within the city to include organic waste management and recyclables. Because of these requirements, the city must establish and maintain collection of solid waste, including organic waste and recyclable materials.
(c) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including the city, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets. (d) The accumulation, collection, removal, disposal, composting, and recycling of solid waste must be controlled by the city for the protection of the public health, safety and welfare and to contribute toward the diminution of health hazards and pollution in the city. The city council finds that to give practical effect to this policy, a comprehensive system for the periodic collection, removal, disposal, composting and/or recycling of solid waste from all premises in the city is essential and benefits all residents of the city; therefore, all such occupants are made responsible for the collection, disposal, composting, and/or recycling of solid waste.
(e) The furtherance of the public health, safety and welfare requires the city council to determine whether solid waste collection, transfer, composting, recycling, and disposal 445
16498.00150\34434295.3
services within the city shall be provided either by city officers and employees directly, or by contract(s) with qualified provider(s) of such services for the city. If the contract(s) option is selected by the city council, then specific, service and delivery-oriented contract(s) will be used. At the option of the city council, the contract(s) may be exclusive or non-exclusive.
(f) The provisions of this chapter shall control in the event of any inconsistencies between this chapter and any other city ordinances, resolutions, or other written agreements. (g) Nothing in this chapter shall limit the right of an individual person, organization, or other entity to donate, sell or otherwise dispose of recyclable materials which have not been discarded, provided that any such donation, sale or disposal is in accordance with the provisions of this chapter and applicable law, including, but not limited to, SB 1383 Regulations.
(h) The city manager or authorized designee shall be responsible for reviewing solid waste, organic waste, and recycling services, contracts, permits, fees and rates and for making recommendations on the administration of the above to the city council for final action.
ARTICLE II GENERAL PROVISIONS
Sec. 24-3 General standards.
(a) No person or entity, without a contract or permit from the city shall remove or convey any discarded solid waste, including organic wastes or recyclables, or cause or permit to be removed or conveyed, any solid waste upon, over, or along any street in the city. No person shall drive, operate or cause to be operated nor shall any person employ, permit or allow another to drive or operate or cause to be operated, any solid waste vehicle over any street of the city unless otherwise permitted regardless of whether such operation extends beyond the boundary limits of the city, without a permit first having been obtained from the city, except:
(1) A vehicle being operated pursuant to a franchise issued by the authority of the California Public Utilities Commission or Interstate Commerce Commission. (2) Any vehicle operated by a governmental agency.
(3) A solid waste vehicle, both of whose point of origin and destination are outside the city limits, provided it complies with the provisions of section 24-17. (b) It is unlawful for any person to deposit, cause or permit to be deposited, any solid waste upon or in any street or public right-of-way in the city or upon any property owned or leased by the city except in receptacles specifically approved for such purpose by the city.
446
16498.00150\34434295.3
(c) It is unlawful to dispose of dirt, rocks, stones, or concrete in a receptacle that could cause personal or property damage to the authorized collector or the city. It is unlawful to dispose of solid waste in any manner that is offensive or would adversely affect the health, safety and welfare of the city.
(d) All vehicles transporting solid waste in or throughout the city shall be adequately covered and/or otherwise equipped to prevent the blowing out of solid waste, leaking of liquids from solid waste or the falling of solid waste from moving vehicles upon the roadway and adjacent properties. Owners of such vehicles used in connection with the collection, removal, disposal, composting and/or recycling of solid waste within the city shall pay for and obtain all appropriate licenses, permits, fees, and other forms of permission including, but not limited, to a city business license pursuant to Chapter 15 of the Code of the City of Fontana.
(e) It shall be unlawful for a person or entity to engage in solid waste, organic waste, or recyclable materials collection or hauling, recycling, composting, or other related commercial activity, except where exempted by this chapter, without possessing an applicable unexpired, unsuspended, unrevoked franchise, contract, or permit to do so issued by the city agency and having paid the appropriate fees to the city. (f) No person, other than an authorized recycling agent of the city, shall remove paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other recyclable materials which have been segregated from solid waste materials and placed at a designated collection location in approved contractor’s containers for the purposes of collection and recycling. No person shall be subject to an action for a violation of this section unless that person knows, or reasonably should know, that the materials would otherwise be collected by the city’s authorized recycling agent for the purpose of recycling the materials. Nothing in this subsection limits the right of any person to donate, sell, or otherwise dispose of his or her recyclable materials, provided that such donation, sale or disposal is in accordance with the terms and provisions of this chapter. (g) All persons in the city owning developed real property for residential use shall subscribe to the city’s solid waste collection services, including organic waste and recyclable materials collection services, meeting the provisions of this chapter, unless granted a waiver pursuant to section 24-23 or a variance pursuant to section 24-82 of this chapter. (h) Every person in the city who has the occupancy, change or control of any non- residential, commercial/industrial use shall subscribe to commercial solid waste collection services pursuant to the provisions of this chapter unless granted a waiver pursuant to section 24-23 or a variance pursuant to section 24-82 of this chapter.
Sec. 24-4 Storage and accumulation standards.
(a) Storage areas. It is unlawful for any person to keep, accumulate or permit to be kept or accumulated, any solid waste in or upon any public or private place unless the same 447
16498.00150\34434295.3
shall be in a container having a close-fitting cover. The container shall be closed at all times except when opened to be filled or emptied. It shall be the duty of the property owner to keep the solid waste container storage area clean and sanitary. (b) Frequency of solid waste, organic waste and recyclable materials pickup. All solid waste created, produced, or accumulated in or about a dwelling, house, or place of human habitation shall be removed from the premises at least once each seven-day period to an approved disposal facility. All solid waste created, produced, or accumulated at hotels, restaurants, boardinghouses, or other businesses where solid waste containing garbage is accumulated shall be removed from the premises at least twice each seven days to an approved disposal facility. All other solid waste shall be removed from the premises at least once each seven days to an approved disposal facility. The city manager may require a greater number of collections per week upon finding that an unhealthful, unsightly, or public nuisance condition is created by adhering to the customer’s current collection frequency.
Pickup of recyclables shall be at made at the frequency specified by the city, unless the city manager determines that the uncollected recyclables may cause a nuisance and the city manager may require more frequent collection. The city manager may recommend to the city council that services by contract be provided on a more frequent basis than the minimums set forth herein.
(c) Container; manner of placement. Each collection container shall be kept on the premises of the person utilizing the container, except that on the days designated for collection, it shall be placed for collection as follows: 1) on the curb in front of the premises occupied by the person; or 2) on the curb at the side of the premises where the premises are adjacent to more than one street. When the premises is adjacent to a paved alley of sufficient width to allow easy passage of the collection trucks, the container may be placed within two feet of the rear property line of the premises, and must be readily accessible for collection from the alley or at such other location as approved by the city manager.
Each solid waste collection container that the customer wants picked up shall be so placed for each respective collection period not later than the hour upon which the collection is scheduled to commence in the district in which the premises are located, and shall not be placed earlier than 24 hours to the time that the collection is scheduled to commence, and shall not remain, when placed at the curb, for more than 12 hours after the time of collection.
(d) Storage of containers shall be consistent with the city’s general plan, zoning and development ordinances and other approvals.
Sec. 24-5 Nuisance and vector standards.
448
16498.00150\34434295.3
Because various organisms, particularly insects and rodents, have been known to transmit pathogens in unsanitary, unattended or exposed solid waste, no person shall remove any material from any solid waste receptacle, including organic waste or recyclable materials containers, with or without the occupant’s or property owner’s permission. Therefore, the following shall be observed:
(1) Preparation of household wastes. Wet refuse shall be placed in the designated containers in a manner that will not create a nuisance, odors and/or vector breeding.
(2) Hazardous, infectious, toxic and dangerous wastes. No dead animals, human waste, infectious wastes, hazardous wastes, toxic wastes and/or dangerous materials (such as explosives) shall be placed in containers for disposal with ordinary solid waste, organic waste, or recyclable materials. Infectious wastes, hazardous wastes, toxic wastes, and other dangerous materials (including crankcase oils, solvents, wet paints, or similar materials) shall be stored and transported in accordance with all applicable federal, state and local codes.
Sec. 24-6 Container maintenance standards.
(a) Duty of person served to keep receptacles clean and sanitary. It shall be the duty of every person or business receiving residential and commercial solid waste collection service within the city to keep the solid waste receptacle(s) used for storage and collection in a clean, sanitary, and an unbroken condition. (b) Authorized receptacles and collection method for solid waste and recycling. In order to meet state organics and recycling mandates in the most cost-effective means possible, it is necessary to standardize the solid waste, organic waste, and recycling receptacles and collection. The city (or contractor) shall provide 30 days’ notice of the change in standardized containers or collection method after which time only the approved, contractor- or city-provided standardized containers and collection method shall be used.
All receptacles used for municipal residential and commercial solid waste, organic waste, and recyclable materials collection shall be provided by the collector or by the city. After being emptied by the collector or the city, each receptacle shall be set down in an upright, quiet manner with a lid intact.
All single-family residences and multiple-dwellings of two to four units will be provided with at least one standardized solid waste, organic waste, and recyclable materials container per dwelling unit. Multiple-dwellings of five or more units shall use dumpster type containers unless otherwise approved by the city. The standardized containers shall be:
(1) A size, type, color and material approved by the city in accordance with SB 1383 Regulations.
449
16498.00150\34434295.3
(2) Owned by the contractor or the city; the containers’ replacement costs are to be included in the rates.
(3) Repaired and/or replaced at the contractor’s expense upon notification by the city or on the contractor’s own initiative.
Roll-off and dumpster containers shall be standardized and approved by the city. (c) Condemnation of containers. If the provisions of this chapter are not fully complied with, the collector or the city manager shall have a tag placed on the container or provide such other notification in accordance with the SB 1383 Regulations which states how the receptacle is out of compliance with this chapter. No collection shall be made therefrom until such container’s cited deficiencies are corrected. In such event, replacement shall be provided within 24 hours.
ARTICLE III.A MUNICIPAL RESIDENTIAL AND COMMERCIAL COLLECTION
SERVICES
Sec. 24-7 To be provided for and supervised by city.
(a) The collecting, composting, disposing, and recycling of all municipal solid waste and the billing for those services may be made either directly by city forces or by letting a contract or franchise. The city shall have charge and supervision of such services for the various parts of the city so as to insure conformance with the provisions of this chapter, and may change the same from time to time. When the routes or days of collection are established or changed, the notice shall be given in such manner as deems best by the city manager.
(b) It is unlawful for any person to hire, contract, or enter into agreement with any collector not franchised, contracted or permitted by the city.
(c) It is unlawful for any collector granted a contract, franchise or permit under this chapter to conduct any operation or give any service other than the service authorized by the city.
(d) The city council, upon recommendation of the city manager, may terminate, revoke or suspend a contract or franchise if, in the judgment of the city council, the conditions of this chapter or contract or franchise have not been met.
Sec. 24-8 Records, vehicle, and storage site inspection. (a) It shall be the duty of the city manager to have inspected and supervise all trucks, carts, or other vehicles used by the contractor(s) in the collection, composing, disposal, and recycling of solid waste; the city manager is to see that such vehicles are kept clean and sanitary and in a like-new condition;
450
16498.00150\34434295.3
(b) The city manager shall inspect and insure that all places where vehicles, solid waste, organic waste and recyclables are stored after collection are clean and sanitary. (c) The city manager shall have the right to inspect any and all books and records of any collector at any and all reasonable times, and any collector under this chapter shall keep adequate and complete books and records providing such detail as the city may require.
Failure to keep and maintain such books and records shall be grounds for suspension of any contract, franchise or permit issued hereunder.
Sec. 24-9 Insurance required.
If a contractor or franchisee is used for solid waste collection, recycling, composting and/or disposal, the contractor shall provide comprehensive general liability and automobile insurance in the minimum limits set forth in the applicable contract or franchise.
Sec. 24-10 Surety bond required.
The contractor or franchisee who contracts with the city for the collection, disposal, removal, composting, and/or recycling of solid waste shall be required to furnish a surety bond to the city in a form and an amount satisfactory to the city, but in no event less than $200,000.00, conditioned upon the faithful performance of the contract and/or franchise and the provisions of this chapter, to collect, recycle and compost all solid waste in the city, and transport the same through the streets and public rights-of-way of the city to such destination as provided in this chapter.
Sec. 24-11 Franchise fees to be paid to the city by the contractor.
If the contractor or franchisee option is selected, the contractor shall pay to the city a contract or franchise fee as set by the city council at the time of entering a contract.
Sec. 24-12 Owner may contract for excess collection.
Any owner or occupant of any premises may contract with the contractor for special haul services for the removal of solid waste in excess of regular services provided by the contractor under contract or franchise with the city.
Sec. 24-13 Collection schedule.
All solid waste shall be collected and removed as scheduled, except Sundays, New Year’s Day, Memorial Day, Labor Day, Thanksgiving Day, July 4th, and Christmas Day.
Sec. 24-14 Collection hours.
The collection hours shall be fixed at 7:00 a.m. through 5:00 p.m. on Mondays through Saturdays for residential customers and 5:00 a.m. through 7:00 p.m. on Mondays through 451
16498.00150\34434295.3
Saturdays for commercial/industrial customers except when the latter borders on residential property, or when a holiday falls on a collection day.
Sec. 24-15 Collection fees to be paid by customers.
(a) Every person in the city who has the occupancy, charge or control of any place or premises within the city where any solid waste accumulates, with the exception of residential and commercial rental units, shall pay a fee in such amounts and in such manner as shall be established by resolution of the city council for the service of having such solid waste collected and removed from the place or premise and for meeting the costs of meeting the requirements of the California Integrated Waste Management Act, Pub. Res. Code § 40000, et seq., as amended from time to time.
In the case of residential and commercial rental units, the property owner of record shall be responsible for paying the fees established by city council resolution. (b) Nothing in this section is intended to prevent an arrangement; or the continuance of an existing arrangement, under which payments of solid waste collection fees are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement will not affect the property owner’s obligation to the contractor and/or the contractor’s obligation to the city.
(c) All fees for residential collection service, including all single-family residences and multiple dwellings of two to four units, shall be considered debts owed to the city until they are paid. If they are not paid within a 90-day period, the city may place a lien against the property where the unpaid debt was accrued. The city may collect such unpaid fees pursuant to the procedures set forth in section 24-85. (d) All fees for commercial collection service, including all commercial use accounts and multiple dwellings of five or more units utilizing dumpster type containers, shall be billed and collected in accordance with procedures adopted by contract and approved by the city. All bills for collection shall be considered debts owed to the city until they are paid. If fees are not paid within 45 days of billing date, collection service will be suspended until all fees are paid. If they are not paid within a 90 day period, the city may place a lien against the property where the unpaid debt was accrued. The city may collect such unpaid fees pursuant to the procedures set forth in section 24-85. (e) It is unlawful for any person to request or receive services of the collector with the intent to defraud the collector or the city or to use the city’s recyclables for a purpose other than off-setting the costs of the city’s solid waste collection, disposal, recycling or composting expenses.
452
16498.00150\34434295.3
Sec. 24-16 Fees to be based on types of occupancies.
(a) The fees to be paid for the service of having solid waste collected and removed by occupants or other persons having charge or control of any place or premises in the city shall be based on the type of occupancy and use of the place or premises in the city.
Notices of any rate adjustments must be mailed at the contractor’s expense to all customers of the contractor.
(b) Discrimination of rates and charges for pickup. It shall be unlawful for any collector or any agent or employee thereof covered by this chapter to charge, collect, demand, receive, arrange, solicit or bargain for any amount of compensation in excess of or less than the rates and charges established and authorized by the city.
Sec. 24-17 Vehicle requirements.
All solid waste transported under the municipal residential and commercial solid waste collection article of this chapter, Article III.A, shall be transported in containers or truck bodies that are water-proof and so constructed as to prevent solid waste or liquid therein from falling, leaking, spilling or escaping or causing noticeable odor therefrom. The solid waste, from the time that the last pickup is placed upon the truck and taken to the point of disposal, shall be covered by a tarpaulin or other suitable covering. Every truck so used for the hauling of solid waste shall have a new appearance on the exterior and be washed at least once a week and steam-cleaned once a month and kept in a well-painted condition. All solid waste shall be removed, conveyed and disposed of in such a manner so not to be a nuisance, menace, or danger to the public peace, health and safety, and shall be in accordance with any rules or obligations as provided by the city council.
Sec. 24-18 Disposal; locations and conditions.
(a) The contractor who contracts with the city for removal and disposal of solid waste shall dispose of same in such locations and under such conditions as may be approved by the city.
(b) At the request of either the city or a commercial customer, the contractor shall supply a rolling container with lockable tops at the customer’s collection site. The contractor may charge a fee to the customer for setup, maintenance and replacement of missing or broken locks, provided the fee is approved in the city council’s current fee-setting resolution. The tops are to remain locked at all-time except when the customer loads the container or the contractor unloads or replaces it. (c) At the request of the city, any commercial container is to be emptied and its contents are to be properly disposed of on the same day the request is made; this is to take place regardless of when the container is normally scheduled for pickup. The customer is to be billed for the extra pickup. The city will monitor the situation and may order the permanent placement and disposal for an additional container or increase in level of 453
16498.00150\34434295.3
service if the earlier number of containers is inadequate to protect the general health, safety and welfare of the public. In that case, the commercial customer shall pay for the additional container(s).
Sec. 24-19 Additional containers.
(a) Installation of additional containers shall meet all planning and zoning requirements. (b) An additional charge may be required for additional containers.
Sec. 24-20 Setting the rates; fees and charges and service levels to residential and commercial customers.
The rates and fees to be charged the customer for residential or commercial collection shall be as prescribed and set forth in the rate schedule by the city manager and thereafter revised by the city council. The rate as finally set by the city council shall become effective upon adoption thereof, or such other time as specified.
ARTICLE III.B MANDATORY ORGANIC WASTE DISPOSAL REDUCTION Sec. 24-21 Requirements for single-family organics generators.
Single-family organic waste generators, except generators that meet the self-hauler requirements in Section 24-27 of this chapter, shall comply with the following requirements:
(a) Generators shall subscribe to the city’s s organic waste collection services. Generators shall participate in city’s s organic waste collection services by placing designated materials in designated containers. The city shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; a generator shall adjust its service level for its collection services as requested by the city.
(1) Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and black container waste in the black container. Generators shall not place materials designated for the black container into the green container or blue container.
(2) Food waste shall be placed in the green container in a manner consistent with the solid waste collector’s instructions on use of the green container, e.g., placing identified food wastes in plastic bags before placement in the green container, as applicable .
(b) Generators shall not place prohibited container contaminants in collection containers. 454
16498.00150\34434295.3
(c) Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
Sec. 24-22 Requirements for commercial business organics generators.
Organic waste generators that are commercial businesses, including multi-family residential dwellings, shall:
(a) Subscribe to the city’s organic waste collection services. Generators shall participate in and comply with the city’s organic waste collection services by placing designated materials in designated containers. Generators shall not place prohibited container contaminants in collection containers. The city shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the city. (1) Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and black container waste in the black container. Generators shall not place materials designated for the black container into the green container or blue container.
(2) Food waste shall be placed in the green container in a manner consistent with the solid waste collector’s instructions on use of the green container, e.g., placing identified food wastes in plastic bags before placement in the green container, as applicable .
(b) Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with Subsections (c)(1) and (c)(2) below) for employees, contractors, tenants, and customers. (c) Excluding multi-family residential dwellings, provide containers for the collection of source separated organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and 455
16498.00150\34434295.3
bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container.
Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(d) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in Subsection (c) pursuant to 14 CCR Section 18984.9(b).
(e) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city’s color code container collection service.
(f) Excluding multi-family residential dwellings, periodically inspect organic waste collection containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers. (g) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials. (h) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials and the location of containers and the rules governing their use at each property.
(i) Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with this Article to confirm compliance with the requirements of this Article.
(j) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(k) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements pursuant to Section 24-24. 456
16498.00150\34434295.3
(l) Failure to comply with the provisions of this section is a violation of this Article and may result in the penalties described in Section 24-29.
Sec. 24-23 Waivers for generators.
The city, at its sole discretion and in accordance with 14 CCR 18984.11, may elect to provide any, all, or none of the waivers listed below
(a) De minimis waivers. The city may waive a commercial business’ obligation (including multi-family residential dwellings) to comply with some or all of the organic waste requirements of this Article if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in Subsection (a)(2) below. Commercial businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Subsection (a)(2) below. (2) Provide documentation that either:
a. The commercial business’ total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in the recyclable materials or organic waste containers comprises less than 20 gallons per week per applicable container of the business’ total waste; or, b. The commercial business’ total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a recyclable materials or organic waste containers comprises less than 10 gallons per week per applicable container of the business’ total waste. (3) Notify city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every five (5) years, if city has approved a de minimis waiver.
(b) Non-transferable physical space waivers. City may waive a commercial business’ or property owner’s obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements. A commercial business or property owner may request a physical space waiver through the following process:
457
16498.00150\34434295.3
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for recyclable materials containers and/or organic waste containers including documentation from its hauler, licensed architect, or licensed engineer. (3) Provide written verification to the city that it is still eligible for physical space waiver annually every, if city has approved an application for a physical space waiver.
(c) Collection frequency waiver. The city, at its discretion and in accordance with 14 CCR section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the city’s three-container organic waste collection service to arrange for the collection of their recyclable materials container, black container, or both once every fourteen days, rather than once per week.
(d) Review and approval of waivers. Any waivers available under this section shall be reviewed and approved by the city manager or designee.
Sec. 24-24 Requirements for commercial edible food generators. (a) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. (b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Commercial edible food generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.
(2) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery. (3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
458
16498.00150\34434295.3
(4) Allow the city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those food recovery services or food recovery organizations:
1. The name, address and contact information of the food recovery service or food recovery organization.
2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
3. The established frequency that food will be collected or self- hauled.
4. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
(d) Nothing in this Article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
Sec. 24-25 Requirements for food recovery organizations and services. (a) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
459
16498.00150\34434295.3
(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.
(3) The quantity in pounds of edible food transported to each food recovery organization per month.
(4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery. (b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food. (2) The quantity in pounds of edible food received from each commercial edible food generator per month.
(3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery. (c) Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
(d) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) April 1 upon request from the city.
(e) Food recovery services and food recovery organizations. In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery 460
16498.00150\34434295.3
organization contacted by the city shall respond to such request for information within sixty (60) days.
Sec. 24-26 Requirements for haulers and facility operators. (a) Requirements for haulers.
(1) Exclusive franchised haulers providing residential, commercial, or industrial organic waste collection services to generators within the city’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste:
a. Through written notice to the city on or before the effective date of the agreement or most recent amendment and annually thereafter on or before the anniversary of the effective date, identify the facilities to which they will transport organic waste, including facilities for source separated recyclable materials and source separated organic waste. b. Transport source separated recyclable materials and source separated organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2 c. Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.
(2) Franchised haulers authorized to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into with the city.
(b) Requirements for facility operators and community composting operations. (1) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the city’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty (60) days.
(2) Community composting operators, upon the City’s request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be 461
16498.00150\34434295.3
handled at the community composting operation. Entities contacted by the City shall respond within sixty (60) days.
Sec. 24-27 Self-hauler requirements; residential only.
(a) Self-hauling of solid waste, in lieu of subscribing to the city’s collection service under this chapter, shall be permitted only for residential customers or occupants of residential premises who have received a variance under Sections 24-23 or 24-82, or for residential customers or occupants of residential premises hauling recyclable materials to sell or donate as allowed under Section 24-11(f). Self-hauling of solid waste, recyclable materials and/or organic waste shall not be permitted for commercial or industrial customers, or for construction contractors with respect to construction and demolition debris.
(b) Each person removing solid waste, organic waste or recyclable from his own residential premises shall deposit such only at authorized sites and shall not deposit, leave, dump, drop, place or otherwise dispose of such solid waste or other waste upon any street, alley, waterway or other unauthorized or unimproved lot or land within the city. (1) Self-haulers shall source separate all recyclable materials and organic waste (materials that the city otherwise requires generators to separate for collection in the city’s organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(2) Self-Haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility. (c) Each person conducting a self-haul shall be in vehicles which are adequately covered to prevent the blowing out of solid waste.
(d) Nothing in this chapter shall be taken as forbidding or curtailing an individual’s right to collect, donate, transport, dispose of or recycle his or her own solid waste or the solid waste from his or her premises over which he or she has control, in addition to subscribing to the required service.
Sec. 24-28 Inspection and investigation.
(a) City Enforcement Officer or its Designee are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, 462
16498.00150\34434295.3
or source separated materials to confirm compliance with this Article by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection.
(b) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city representative or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this Article described herein. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any inspection or investigation is a violation of this Article and may result in penalties described. (c) Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (d) City Enforcement Officer or its Designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this Article, subject to applicable laws.
(e) The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.
Sec. 24-29 Enforcement of article.
(a) Violation of any provision of this Article shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city’s enforcement official or representative.
Enforcement actions under this section are issuance of an administrative citation and assessment of a fine. Except as otherwise required by the SB 1383 Regulations, the city’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Article and any rule or regulation adopted pursuant to this Article except as otherwise indicated herein.
Fines shall be the minimum amounts required by the SB 1383 Regulations. (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city’s staff and resources. 463
16498.00150\34434295.3
ARTICLE IV PERMITS FOR INDIVIDUAL AND SMALL COLLECTORS Sec. 24-30 Businesses required to be permitted.
Firms engaged in the nursery, tree service, gardening, landscaping, lawn maintenance, building construction, composting, and recycling businesses in the city shall be required to obtain a city permit for hauling solid waste, organic waste and/or recyclable over city streets.
These persons or firms shall:
(1) Pay for and maintain a current City of Fontana business license. A permit fee as set by the city council in the rate resolution shall be paid with the business license.
(2) Ensure solid waste, organic waste, or recyclables are contained in a covered vehicle, including being under a tarp, so it will not blow away or create a traffic or pollution hazard.
(3) As a condition of business license renewal, provide a report to the city, as specified by the city manager, on the amount and type of solid waste that was diverted by the permittee from landfills over the previous business license period. Such records shall further include all information required by the SB 1383 Regulations.
(4) Removal of construction debris by other than the municipal solid waste contractor shall not be allowed within the city except by separate permit pursuant to this section.
(5) Permits are non-transferable and may be terminated, revoked or suspended if the conditions of the permit are not met.
464
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1164 Agenda Date: 2/8/2022
Agenda #: A. Category: Elected Officials
Communications/Reports
Appointments to Local Agency/Regional Boards
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 2/2/2022Page 1 of 1
powered by Legistar™
465