ORDINANCE NO. 1887
An Ordinance of the CITY COUNCIL OF THE CITY OF FONTANA approving zone change no. 21-005 TO REMOVE the PARCEL AT APN: 0240-121-22 FROM THE AUTO CENTER OVERLAY DISTRICT.
THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
WHEREAS, the applicant submitted a request for Zone Change Amendment No. 21-005, to remove the parcel at APN: 0240-121-22 from the Auto Center Overlay District; and WHEREAS, on December 7, 2021, 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 Amendment No. 21-005; and WHEREAS, on December 7, 2021, the Planning Commission approved Resolution No. PC 2021-045 and recommended approval to the City Council of Zone Change Amendment No. 21-005 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 on December 7, 2021; and WHEREAS, on February 8, 2022, the City Council held a duly noticed public hearing on Zone Change Amendment No. 21-005 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 WHEREAS, zone Change Amendment No. 21-005 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 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. 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 because the Development Agreement will enable needed public improvements at the Property and the economic development of the Property will benefit the citizens of the City; and Section 2. The City of Fontana City Council hereby makes the following findings for Zone Change No. 21-005 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:
Finding: 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: The applicant is proposing to remove the project site from the Auto Center Overlay District. Currently, the Auto Center Overlay District does not permit residential development. This would allow the applicant to develop the proposed Aragon West District to build 100 condominium units. The Walnut Village Specific Plan will have design, architecture, amenities and landscaping requirements to ensure that the proposed development is attractive and enhances the local area.
Section 3. The City Council hereby adopts the Mitigated Negative Declaration on the proposed project. The City Council finds that the Mitigated Negative Declaration contains a complete and accurate reporting of all the environmental impacts associated with the Project. The City Council further finds that the Mitigated Negative Declaration has been completed in compliance with CEQA, 2019 Local Guidelines for Implementing the California Environmental Quality Act, and the State CEQA Guidelines; and Section 4. The City Council approves Zone Change Amendment No. 21-005 to remove the parcel APN: 0240-121-22 from the Auto Center Overlay District as shown on Exhibit “A”, and attached hereto and by this reference incorporated; and Section 5. This Ordinance shall take effect thirty (30) days after the date of its adoption.
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"
ZONE CHANGE
Sec. 30-639. - Authority and requirements.
Figure 1. Fontana Auto Center Overlay District Planning Area Boundaries Map
Ordinance No. 1887