ORDINANCE NO. 2022-____
An Ordinance of the CITY COUNCIL OF THE CITY OF FONTANA approving zone change no. 21-008 TO APPROVE CHANGES TO THE ZONING DISTRICT MAP TO CHANGE THE ZONING ON MULTIPLE PROPERTIES THROUGHOUT THE CITY TO MULITI-FAMILY MEDIUM/high reisential (r-4), multi-family High Residential (R-5) and designate the boundary for the “r-4 Overlay” to accommodate the 2021-2029 RHNA allocation Whereas, City staff initiated a request for Zone Change No. 21-008, 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 identified changes are required to implement the 6th cycle Housing element and accommodate the 2021-2029 RHNA allocation; and Whereas, On January 18, 2022, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto on Zone Change No. 21-008; and Whereas, On January 18, 2022, the Planning Commission approved Resolution No. PC 2022-02 and recommended approval to City Council of Zone Change No. 21-008 and after carefully considering all information pertaining to the proposed project, including the staff report, findings, and all the information, evidence, and testimony presented at its public hearing; and Whereas, On February 8, 2021, the City Council held a duly noticed public hearing on Zone Change No. 21-008 along with the entitlement referenced herein, received testimony, and the supporting documents in evidence, the City Council found that the Zone Change Amendment is in conformance with the goals and policies of the General Plan to provide a community that is balanced between residential, commercial, and industrial that is developed to high standards and provides diverse economic and social opportunities for our citizens and those who wish to invest here; and THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Based on the foregoing, the City Council of the City of Fontana adopts the Addendum to the City of Fontana General Plan Environmental Impact Report (SCH No. 2016020199) pursuant to Section 15164 of the California Environmental Quality Act (CEQA) and Section No. 8.06 of the 2019 Local Guidelines for Implementing CEQA.
Section 2. Zone Code No. 21-008 is consistent with the goals and policies of the City of Fontana, General Plan Goal 7 of Chapter 15, “support high-quality development in design standards and land use decisions”, in addition to Goal 7 of Chapter 15, Action Item #B “ensure that public and private developments are attractive, comfortable, and welcoming”; and Section 3. The City of Fontana City Council hereby makes the following findings for Zone Change 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.
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 4. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community; and Section 5. The City Council approves Zone Change No. 21-008 to update the Zoning District Map (Exhibit “A”-Attached under separate cover) to change the zoning on multiple properties throughout 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 accommodation the 2021-2029 RHNA allocation; and, Section 6. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Herald News, a local newspaper of the general circulation, published and circulation in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 22nd day of February 2022.
READ AND APPROVED AS TO LEGAL FORM:
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City Attorney
I, Tonia Lewis, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 8th day of February 2022, and was finally passed and adopted not less than five days thereafter on the 22nd day of February, 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
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City Clerk of the City of Fontana
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Mayor of the City of Fontana
ATTEST:
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City Clerk
Exhibit A
Zoning district map
(Attached under separate cover)
Attachment No. 9
Ordinance No. ___