ORDINANCE NO. 2022-____
An Ordinance of the CITY COUNCIL OF THE CITY OF FONTANA approving zone code amendment no. 21-004 TO AMEND CHAPTER 30 (dEVELOPMENT CODE) OF THE MUNICIPAL CODE TO ESTABLISH AN “R-4” OVERLAY TO ALLOW FOR ADDITIONAL HOUSING AT THE R-4 DENSITIES 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 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, 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 Code 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 Section 3. The City of Fontana City Council 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, 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 densities 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). 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:
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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:
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City Clerk of the City of Fontana
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Mayor of the City of Fontana
ATTEST:
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City Clerk
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 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 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 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 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.
Applicability. The provisions of this division shall apply to the parcels specified in Figure 1.
Figure 1
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.
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).
Sec. 30-663.3. – General development standards and design guidelines.
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, Section 30-453, Section 30-454, Section 30-455, and Section 30-456 of this Code.
Attachment No. 10
Ordinance No. ___