Fontana City Council
February 8, 2022

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

Planning Department
TITLE:

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

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

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

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

APPLICANT:

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

Citywide
REQUEST:

Adopt a resolution recommending the City Council:

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

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

PROJECT PLANNER:

Cecily Session-Goins, Associate Planner
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File #: 21-1103 Agenda Date: 1/18/2022
Agenda #: PH-A Category: Public Hearing
BACKGROUND INFORMATION:

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

PROJECT DESCRIPTION:

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

ANALYSIS:

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

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

Generally, the proposed ordinance is written to allow the city to exercise as much local control over SB 9 projects as state law allows. Among other things, the ordinance includes regulations governing the following:
· Location (Single-family residential zone; not in sensitive, dangerous, historic areas; not on rental property (within last 3 years)
· Lot Size (2,400 square feet min to split; 1,200 square feet min for resulting) · Lot Access (adjoin ROW)
· Unit Size (800 square feet max / du)
· Lot Coverage and Open Space (50 percent max and min, respectively) · Unit Height (16 feet max, unless lot is smaller than 2,000 square feet) · Setbacks (normal, except as necessary to allow two units at 800 square feet each; but no less than 4 feet side and rear)
· Use (residential-only, no short-term rental)
· Parking (one space, unless exempt by statute)
· Owner occupancy (three-year minimum on urban splits; permanent on two-unit projects) City of Fontana Printed on 1/13/2022Page 2 of 3
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File #: 21-1103 Agenda Date: 1/18/2022
Agenda #: PH-A Category: Public Hearing
· Architecture (must match other dwelling or dwellings on property; no direct lines of sight) · Utilities (direct connections to service providers; all underground) · Separate Conveyance Within a Lot (prohibited; no condos, no timeshares or separate-use co- ownerships)
· Deed Restriction (required; no short-term rental, non-residential use, or separate conveyance; development limited to SB 9 projects)
MOTION:

Recommend adoption of the ordinance to the City Council.

ATTACHMENTS:

1. Planning Commission Resolution

2. Exhibit A - SB 9 Code Amendment

3. Notice of Exemption

4. Public Hearing Notice
UNDER SEPARATE COVER:

None.

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ATTACHMENT NO. 1

RESOLUTION PC NO. 2022-____

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF FONTANA , CALIFORNIA, RECOMMENDING THAT

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

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

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

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

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

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

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

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

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

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

Resolution PC No. 2022-_____

ATTACHMENT NO. 1

welfare, and will not adve rsely a ffect the orderly development of property, and will better express the City’s policies, and generally promote good land use planning and regulation.

NOW, THEREFORE, the Commission RESOLVES as follows:

Section 1. Recitals. The above recitals are incorporated herein by reference.

Section 2. Based on the foregoing, the Plann ing Comm ission her eby rec ommends that t he City Coun cil determine this project is exempt pursuant to Section 15061 (b) (3) (General Rule Exemption), of the California Environmental Quality Act. and Section No. 3.07 of the 2019 L ocal Guidelines for Implementing CEQA ; therefore, a Notice of Exemption has been prepared.

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

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

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

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

City of Fontana

___________________________
Cathline Fort, Chairperson

ATTEST:

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

20 ATTACHMENT NO. 4

Resolution PC No. 2022-_____

ATTACHMENT NO. 1

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________
Idilio Sanchez, Secretary
21 ATTACHMENT NO. 4

ATTACHMENT NO. 2

EXHIBIT A

Amendments to Municipal Code

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

Subdivision IV. – State-Mandated Subdivisions

Sec. 30-304. - Urban Lot Splits
(a) Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7. (b) Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section. (c) Application.
(1) Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
(2) An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(3) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
(d) Approval.
(1) An application for a parcel map for an urban lot split is approved or denied ministerially, by the Planning Director, without discretionary review. (2) A parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.
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ATTACHMENT NO. 2
(3) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter. (4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
(e) Requirements. An urban lot split must satisfy each of the following requirements:
(1) Map Act Compliance.
(A) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section.
(B) If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:
(i) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(ii) The city has all the remedies available to it under the SMA, including but not limited to the following:
(I) An action to enjoin any attempt to sell, lease, or finance the property.
(II) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(III) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(IV) Record a notice of violation.
(V) Withhold any or all future permits and approvals.
(C) Notwithstanding section 66411.1 of the SMA, no dedication of rights-of- way or construction of offsite improvements is required for an urban lot split.
(2) Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot. 23 ATTACHMENT NO. 4

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

ATTACHMENT NO. 2
may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
(5) No Prior Urban Lot Split.
(A) The lot to be split was not established through a prior urban lot split. (B) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
(6) No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income-restricted for households of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. (7) Lot Size.
(A) The lot to be split must be at least 2,400 square feet. (B) The resulting lots must each be at least 1,200 square feet. (C) Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
(8) Easements.
(A) The owner must enter into an easement agreement to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
(B) Each easement must be shown on the tentative parcel map. (C) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart (d)(2) above.
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ATTACHMENT NO. 2
(D) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record. (9) Lot Access.
(A) Each resulting lot must adjoin the public right of way. (B) Each resulting lot must have frontage on the public right of way of at least 22 feet.
(10) Unit Standards.
(A) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 30-434.1 of this code, an ADU, or a JADU
(B) Unit Size.
(i) The total floor area of each primary dwelling that is developed on a resulting lot must be
(I) less than or equal to 800 square feet and
(II) more than 500 square feet.
(ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
(iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
(C) Height Restrictions.
(i) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back 26 ATTACHMENT NO. 4

ATTACHMENT NO. 2
by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback. (iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
(D) Lot Coverage. The lot must comply with the lot coverage limit imposed by the underlying zoning. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(E) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (e)(10)(E) above:
(I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same
dimensions as an existing legally established structure. (II) 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any
structure be less than four feet from a side or rear property line.
(iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 22 feet from the front property lines. The front setback area must:
(I) be kept free from all structures greater than three feet high; (II) be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(III) allow for vehicular and fire-safety access to the front structure.
(F) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
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(i) The lot is located within one-half mile walking distance of either (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail transit service, or
(ic) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
(ii) The site is located within one block of a car-share vehicle location. (G) Architecture.
(i) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(ii) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(iii) All exterior lighting must be limited to down-lights. (iv) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(v) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
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ATTACHMENT NO. 2
(H) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
(i) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall. (ii) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
(iii) All landscaping must be drought-tolerant.
(I) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected. (J) Utilities.
(i) Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider. (ii) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(K) Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use. (11) Fire-Hazard Mitigation Measures.
(A) A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) It must have direct access to a public right of way with a paved street and the ability to withstand 75,000 pounds of vehicle weight with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (iii) All enclosed structures on the site must have fire sprinklers. 29 ATTACHMENT NO. 4

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

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

IN THE LAND USE TITLE:

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

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

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

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

Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
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(v) If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (J) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
(i) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall. (ii) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
(iii) All landscaping must be drought-tolerant.
(K) Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
(L) Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (M) Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.
(7) Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(A) It must have direct access to a public right of way with a paved street and the ability to withstand 75,000 pounds of vehicle weight, with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
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(B) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (C) All enclosed structures on the site must have fire sprinklers. (D) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.
(E) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
(8) Separate Conveyance.
(A) Primary dwelling units on the lot may not be owned or conveyed separately from each other.
(B) Condominium airspace divisions and common interest developments are not permitted within the lot.
(C) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
(9) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on the lot. (B) No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.
(C) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.
(10) Notice of Construction.
(A) At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized,
(ii) The anticipated start and end dates for construction, (iii) The hours of construction,
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(iv) Contact information for the project manager (for construction- related complaints), and
(v) Contact information for the Building & Safety Department. (B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.

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

If a two-unit project violates any part of this code or any other legal requirement:
(1) The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
(2) The city may:
(A) Bring an action to enjoin any attempt to sell, lease, or finance the property. (B) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
(F) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code.
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NOTICE OF EXEMPTION
ATTACHMENT NO. 3

PTO: Clerk of the Board of Supervisors
County of San Bernardino
385 N. Arrowhead Avenue, 2nd Floor
San Bernardino, CA 92415-0130
FROM: City of Fontana
Planning Department
8353 Sierra Avenue
Fontana, CA 92335

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

2. Project Location - Specific: Citywide

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

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

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

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

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

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

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

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

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ATTACHMENT NO. 4

NOTICE OF PUBLIC HEARING

Si desea información en Español referente a esta notificación o proyecto, favor de comunicarse al (909) 350-6728.

In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons wi th a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:

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

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

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

Environmental
Determination:

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

Location of
Property:

Citywide

Date of
Hearing:

January 18, 2022
Place of
Hearing:

City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335

Time of
Hearing:
6:00 pm
Should you have any questions concerning this project, please contact Cecily Session -Goins, Associate Planner, at (909) 350-6723 or by email at [email protected]

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

ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION AT THE PLANNING DEPARTMENT, CITY HALL. PLEASE CONTACT THE PLANNER LISTED ABOVE. 43 ATTACHMENT NO. 4

ATTACHMENT NO. 4

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM,

YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED

AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

44 ATTACHMENT NO. 4