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
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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.
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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.
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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.
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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.
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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
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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
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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
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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).
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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.
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