RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA ADOPTING THE ADDENDUM TO THE CITY OF FONTANA GENERAL PLAN EIR (SCH NO. 2016021099), PURSUANT TO SECTION NO. 15162 AND 15164 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND SECTION 8.06 OF THE 2019 LOCAL GUIDELINES FOR IMPLEMENTING CEQA, AND APPROVING GENERAL PLAN AMENDMENT 21-002 (PART NO. 2 OF GENERAL PLAN AMENDMENT CYCLE 1 0F 2022) TO AMEND CHAPTER NO. 5 OF THE CITY OF FONTANA GENERAL PLAN AND ADOPT THE 2021-2029 6TH CYCLE HOUSING ELEMENT WHEREAS, the City of Fontana General Plan was adopted by the City Council on November 13, 2018; and WHEREAS, on January 18, 2022, the Planning Commission duly conducted a noticed public hearing on General Plan Amendment No. 21-002, General Plan Amendment No. 21-007, Zone Change Amendment No. 21-004, and Zoning Code Amendment No. 21-008, received testimony and information from any and all parties, and recommended its approval (with a 4-0 vote) to the City Council by resolution; and WHEREAS, all the notices required by statute or the Fontana City Code have been given as required; and WHEREAS, the combined staff report includes three (3) general plan amendments associated with MCN 21-063 (Aragon West) and MCN 21-050 (6th Cycle Housing Element update ) as part of one motion to comply state law; and WHEREAS, The California State Legislature mandates that all cities and counties adopt a comprehensive General Plan that will serve as the long-term plan for the physical development of the county or city. The California State Legislature mandates that all cities and counties adopt a comprehensive General Plan that will serve as the long-term plan for the physical development of the county or city, including a mandatory 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). The 6th cycle Housing Element incorporate goals, policies and actions which demonstrate the City's ability to accommodate its fair share of affordable housing for this planning period; and, WHEREAS, Additionally, a Regional Housing Needs Assessment (RHNA) is mandated by State Housing Law as part of the periodic process of updating local housing elements of the General Plan. The RHNA quantifies the need for housing within each jurisdiction during specified planning periods. The current planning period ("cycle”) is for the years 2021-2029. The RHNA identifies existing and future housing needs resulting from population, employment, and household growth. Moreover, the RHNA allows communities to anticipate growth, so that collectively the region and subregion can grow in ways that enhance quality of life, improve access to jobs, promotes transportation mobility, and addresses social equity, and fair share housing needs; and, WHEREAS, the City’s share of the regional housing need is 17,519 units as provided by the Southern California Associated of Governments (SCAG) and establishes the number of potential units based on income category that we have to accommodate during the 6th Cycle from 2021 to 2029; and, WHEREAS, on June 25, 2021, the City submitted the Draft Housing Element to the California Department of Housing and Community Development (HCD) for the review and comment, in accordance with State housing law; and, WHEREAS, on August 24, 2021 HCD provided written correspondence indicating that the draft element addressed many statutory requirements; however revisions will be necessary to comply with State Housing Element Law; and, WHEREAS, on October 22, 2021 the City submitted the Draft Housing Element to the California Department of Housing and Community Development (HCD) for the review and comment, in accordance with State housing law; and, WHEREAS, on December 21, 2021 HCD provided written correspondence indicating that the draft element addressed many statutory requirements; however, revisions were necessary to comply with State Housing Element Law; and, WHEREAS, the Draft Housing Element has been revised to address HCD’s comments of December 21, 2021 as described in the staff report dated February 8, 2022, in compliance with State law. The revised Draft Housing Element has been resubmitted to HCD and any minor changes to the Draft Housing Element that are requested by HCD, given the adoption of this ordinance and minor changes can be made by the Director of Planning, consistently with the goals and polices of the City of Fontana General Plan; and, WHEREAS, the City Council finds that the proposed update to the Chapter 5 of the General Plan for the 6th Cycle Housing Element (Exhibit “A” -Attached under separate cover) is compatible with the general objectives of the General Plan, and that both updates directly implement General Plan policy, thereby enhancing consistency between the General Plan, Zoning and Development Code and Zoning Map; and WHEREAS, on February 8, 2022, the City Council conducted a noticed public hearing on General Plan Amendment No. 21-002, General Plan Amendment No. 21-007, Zone Change Amendment No. 21-004, Zoning Code Amendment No. 21-008 received testimony from any and all parties, including the staff report and attached supporting documents from the Planning Commission public hearing on January 18, 2022, as well as testimony from the project applicant and others; and WHEREAS, based on the information presented to the City Council at the public hearing held for General Plan Amendment No. 21-002, General Plan Amendment No. 21-007, Zone Change Amendment No. 21-004, Zoning Code Amendment No. 21-008, the testimony received, and the supporting documents in evidence, the City Council found that the proposed amendment is in conformance with the goals and policies of the General Plan; and WHEREAS, this resolution shall become effective on the date of adoption.
WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and WHEREAS, this Resolution shall become effective on the date of adoption.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of Fontana as follows:
Section 1. Recitals. The above recitals are incorporated herein by reference.
Section 2. Compliance with California Environmental Quality Act. The City Council has reviewed and considered the City of Fontana General Plan EIR and Addendum, any oral or written comments received, and the administrative record prior to making any decision on the Proposed Project. The City Council finds that the Addendum and City of Fontana General Plan EIR contain a complete and accurate reporting of all of the environmental impacts associated with the Project. The City Council further finds that the Addendum have been completed in compliance with the State CEQA Guidelines and Section 6.21 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
Section 3. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report. Based on the substantial evidence set forth in the record, including but not limited to, the City of Fontana General Plan EIR, the Addendum, and all related information presented to the City Council, the City Council finds that the Projects necessitate only minor modifications to the City of Fontana General Plan EIR. Therefore, pursuant to State CEQA section 15164 and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, an Addendum to the City of Fontana General Plan EIR is the appropriate document for each project.
The City Council further finds that the preparation of a subsequent or supplemental EIR is not required for the proposed Projects because the Projects:
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 Will not result in substantial changes with respect to the circumstances under which the Proposed Projects are developed that would require major revisions of the City of Fontana General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and Do not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the City of Fontana General Plan EIR documents were certified showing any of the following:
The proposed Project would have one or more significant effects not discussed in the EIR; That significant effects previously examined would be substantially more severe than shown in the EIR; 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 That mitigation measures or alternatives considerably different from those analyzed would substantially reduce one or more significant effects on the environment, but which the lead agency declined to adopt.
Section 4. Findings on Environmental Impacts. Having considered the Addendum, the administrative record, the City of Fontana General Plan EIR and all written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the applications have been addressed within the City of Fontana General Plan EIR and the Addendum. The City Council finds that no new or additional mitigation measures or alternatives are required. The City Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Projects may result in any significant environmental impacts beyond those analyzed in the City of Fontana General EIR. The City Council finds that the Addendum contains a complete, objective, and accurate reporting of the environmental impacts associated with the Projects and reflects the independent judgment and analysis of the City Council.
Section 5. Adoption of the Addendum to the City of Fontana General Plan EIR. The City Council hereby adopt the Addendum to the EIR for the City of Fontana General Plan (SCH No. 2016021099) and Mitigation, Monitoring, and Reporting Program (MMRP) that have been prepared pursuant State CEQA Guidelines 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 City Council hereby makes the following findings for General Plan Amendment No. 21-002 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:
Finding No. 1: The purpose and intent is to keep an updated General Plan to reflect the current desires and needs of the citizens for the long-term growth of the City.
Findings of Fact: The proposed general plan amendment is a request to amend Chapter 5 (Housing Element) of the 2015-2035 General Plan and adopt the 2021-2029 6th cycle Housing Element to incorporate goals, policies and actions which demonstrate the City's ability to accommodate its fair share of affordable housing for this planning period.
The California State Legislature mandates that all cities and counties adopt a comprehensive General Plan that will serve as the long-term plan for the physical development of the county or city, including a mandatory 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).
Moreover, the RHNA allows communities to anticipate growth, so that collectively the region and subregion can grow in ways that enhance quality of life, improve access to jobs, promotes transportation mobility, and addresses fair share housing needs.
Section 8. Determine that the projects have been reviewed under a previously approved Final Environmental Impact (State Clearinghouse No. 2016021099), for the General Plan, pursuant to Section 15162 through 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.10 of the City of Fontana’s 2019 Local CEQA Guidelines and direct staff to file the Notice of Determination; and approving General Plan Amendment No. 21-002, an amendment to the Chapter No. 5 of the City of Fontana General Plan for the 6th cycle Housing Element.
Section 9. Based on the foregoing, the City Council of the City of Fontana hereby approves General Plan Amendment No. 21-002 attached hereto as Exhibit “A” (under separate cover) to this Resolution and incorporated herein by this reference.
Section 10 . Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Community Development Department – Planning Division, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code section 21081.6.
APPROVED AND ADOPTED this 8th day of February 2022.
READ AND APPROVED AS TO LEGAL FORM;
City Attorney
ATTEST:
I, Tonia Lewis, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on February 8, 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
______________________________________
City Clerk
Exhibit “A”
6th Cycle Housing Element (Attached under separate cover)
ATTACHMENT NO. 7
Resolution No. 2022-____