RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING Certificate of Appropriateness mis No. 21-020 as conditioned to construct a JUNIOR Accessory Dwelling Unit ON a site AT 8350 MANGO AVE (apn: 0192-032-26) that has been locally designated as a historical resource WHEREAS, the applicant submitted a Certificate of Appropriateness application on December 8, 2021, for a request to construct a new attached 488 square foot residential junior accessory dwelling unit (JADU) on a site that has been locally designated as a historical resource listed in Chapter 5, Article XIII, Section 5-365 of the Fontana Municipal Code (FMC).
Project Applicant: Ruben Ramirez
8237 Wheeler Avenue
Fontana, CA 92335
Project Location: 8350 Mango Avenue (APN: 0192-032-26) Site Area: 11,764 square feet
WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; WHEREAS, the existing single-family residential home and garage was constructed in the County of San Bernardino in 1929; WHEREAS, the subject property was annexed into the City of Fontana as part of the incorporation of the City in June 25, 1952; WHEREAS, on November 25, 1975 a bedroom expansion to the existing single-family residential home was approved and constructed on the southern portion of the home; WHEREAS, on January 17, 1995, the City Council approved Ordinance No. 1146 at a public hearing, which included this site among additional sites to be included in the list of designated local historical resources in Chapter 5, Article XIII, Section 5-365 of the FMC based on the criteria in Chapter 5, Article XIII, Section 5-355 of the FMC; WHEREAS, Chapter 5, Article XIII, Section 5-357 of the FMC requires approval of a Certificate of Appropriateness of the following: “Any alteration, restoration, rehabilitation, remodeling, construction, addition, change of use, demolition, relocation or removal of any designated or proposed historical resource or any improvement or object in a designated or proposed historical overlay district shall require a Certificate of Appropriateness from the City Council.”; WHEREAS, the project is categorically exempt pursuant to Sections 15303 (Class No. 3 New Construction) and 15332 (Class No. 32 Infill) of the California Environmental Quality Act (CEQA) and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA; WHEREAS, Conditions of Approval have been prepared and attached hereto as Exhibit “A” for the Certificate of Appropriateness MIS No. 21-020; and WHEREAS, the owners of property and occupants within 660 feet of the proposed project site were notified via public hearing notice mailer prior to the Public Hearing and notice was posted at City Hall; WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred.
NOW, THEREFORE, the City Council RESOLVES as follows:
Section 1. The City of Fontana City Council hereby makes the following findings for approval of Certificate of Appropriateness MIS. No. 21-020 for the construction of the residential Junior Accessory Dwelling Unit (JADU) in accordance with 5-359(2) for “Findings for approval of Certificate of Appropriateness” of the FMC:
Finding No. 1 The proposed work conforms with the provisions of the Fontana City Code, State, and Federal law.
Finding of Fact: The project site is currently developed with an existing locally designated historical structure and detached garage (Section 5-365 of the FMC) is located in the Residential Single Family (R-SF) General Plan Land Use designation and has a zoning designation of Form Based Code (FBC) – Single Family Residential (R-1), which allows for ADUs as a permitted use. The proposed project consists of review of Certificate of Appropriateness MIS No. 21-020 for the construction of a 488 square foot residential JADU to match the existing house on this site. The project meets or exceeds the criteria contained in the FMC, Zoning and Development Code, and State and Federal requirements regarding Building & Safety requirements for grading, circulation, landscaping, setbacks, design, etc. as described in the staff report and referenced herein.
Finding No. 2: That the proposed work is harmonious with and architecturally similar to existing structures and the surrounding neighborhood. The extent of harmony shall be evaluated in terms of appropriateness of materials, scale, size, height, placement and use of the new building or structure in relationship to existing structures and the surrounding neighborhood.
Finding of Fact: The proposed project is for the approval of the construction of a new 488 square foot residential JADU comprised of bathroom, kitchen, dining room, and living room that complies with all setback and development standards in the FMC and Zoning and Development Code. The site plan depicts an existing home with a detached garage located on the front portion of the property near Mango Avenue along with the existing ADU with an attached two (2) car garage on the rear portion of the property with access from an existing alley on the back of the property.
In addition, the proposed construction is compatible with the existing residential structure of Provincial Revival Cottage architecture and surrounding neighborhood that is developed with 1920s to 1960s architectural styles. Furthermore, the area is developed with a combination of single family and multiple family development. Thus, the existing home with the proposed JADU will be compatible to the established residential uses in the area. The proposed JADU will be in harmony in terms of materials, scale, size, height and placement of the new building in relationship to existing structures and the surrounding neighborhood.
Finding No. 3: The proposed alteration will retain the essential elements which make the resource or feature historically, archaeologically or culturally significant.
Finding of Fact: The existing home on the site was constructed in 1929 was added to the list of local historical resources in Section 5-365 of FMC by City Council at a hearing on January 17, 1995 (Ordinance No. 1146) based on the criteria in Section 5-355 of FMC. This existing home on the subject property was noted at the City Council hearing in January 1995 to have the following criteria as required by Section 5-355 in the FMC: unique Provincial Revival Cottage architecture; a unique location being included as the original Fontana township; and the home of Dr. Haldenman who was noted to be a leading dentist in Fontana.
The architecture of the existing home, which was built in 1929, is Provincial Revival Cottage and includes cross gable roof tops, porch with an arch leading to the front entrance, stucco, arched window, and two (2) sets of double windows along the front façade. These elements and varied rooflines along with the porch and arch leading to the front entrance provides a sense of depth and interest for an aesthetically pleasing architecture that is reflective of Provincial Revival Cottage architecture. The paint colors are proposed in earth tone colors comprised of cream for the building and brown trim. The proposed attached JADU has incorporated many elements that have been included in the existing Provincial Revival Cottage home that also includes cross gable roof tops, stucco, and painted to match the existing home. Therefore, the proposed style and architectural elements of the JADU are similar to the existing home on the property, which is consistent with the requirements cited in Section 5-359(2) of the FMC for approval of a Certificate of Appropriateness. Furthermore, the proposed JADU has been designed to match the existing house, is attached to rear of the existing house, and will not be visible from Mango Avenue and the alley.
The site includes an existing precision block wall on the south, chain link fencing on the north, and both wrought iron slide gate and stucco block on the rear (west). Also, a low stucco block wall with decorative columns and caps is located along the front part of the property. These walls are visible from Mango Avenue and are an integral part of the aesthetic value of the property; in that, they contribute to the historical content of the site overall.
The proposed project does not adversely affect the character of the site because the existing house along with the garage that is located on the front portion of the site will remain intact and will continue to be the prominent view from Mango Avenue; thus, preserving its historical integrity.
Section 2. The project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15303 (Class No. 3 New Construction) and 15332 (Class No. 32 Infill) of the California Environmental Quality Act (CEQA) and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA.
Section 3. Based on the foregoing, the City Council of the City of Fontana hereby approves Certificate of Appropriateness MIS No. 21-020 subject to the Findings listed in Section 1 and the Conditions of Approval, which are attached as Exhibit “A” to this Resolution and incorporated herein by this reference.
Section 4. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code section 21081.6.
Section 5. The Secretary of the City Council shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 8th day of February 2022.
READ AND APPROVED AS TO LEGAL FORM:
___________________________
City Attorney
I, Tonia Lewis, City Clerk of the City of Fontana, Ex-Officio Clerk of the City Council do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 8th day of February, 2022 by the following vote to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
City Clerk of the City of Fontana
__________________________
Mayor of the City of Fontana
ATTEST:
__________________________
City Clerk
EXHIBIT “A”
PROJECT: Certificate of Appropriateness No. 21-020 DATE: February 8, 2022 LOCATION: 8350 Mango Ave (APN: 0192-032-26).
PLANNING DEPARTMENT:
This approval is for Certificate of Appropriateness No. 21-020 to construct a new 488 square foot attached junior residential accessory dwelling unit at the rear of the existing single-family house on a site that has been locally designated as a historical resource listed in Section 5-365 of the Fontana City Code.
Prior to the building permit issuance of the junior ADU, the applicant shall meet the conditions of approval from MIS No. 19-012, which includes the construction of a new block wall along the northern portion of the property.
The applicant shall work city staff regarding the design of the northern block wall and make additional improvements to the existing southern block wall to be redesigned in manner that is consistent with the architectural style and era of the existing 1929 home.
END OF CONDITIONS OF APPROVAL
ATTACHMENT NO. 6
Resolution CC No. 2022-_____