CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE
“Bringing People Together to Improve Our Social and Natural Environment” Mailing Address Physical Address Tel: 951-360-8451
P.O. Box 33124 3840 Sunnyhill Drive, Suite A Fax: 951-360-5950 Jurupa Valley CA 92519 Jurupa Valley CA 92509 www.ccaej.org
May 17, 2022
City of Fontana, Planning Commission
Attn: Cathline Fort, Chair
8353 Sierra Avenue
Fontana, CA 92335
Submitted via email to [email protected].
Re: Master Case No. 22-049 and Municipal Code Amendment No. 22-004 (Item #21-1388)
Dear Chair Fort and Planning Commission members:
I am writing on behalf of the Center for Community Action and Environmental Justice to provide comment on Item #21-1388 on the agenda for this evening, May 17, 2022. After reviewing the documents made available regarding the changes, there are a number of comments which we would like to offer in response to what is proposed.
We are concerned with what is contained in Sec. 30-967 – Requirements C. d. of the resolution document regarding the Unit Bank. As written, it indicates that the Unit Bank would have a maximum balance that could not exceed one thousand, two hundred (1,200) units. However, that could result in a situation where the number of units removed due to rezoning could exceed the available capacity of the Unit Bank. Given that SB 330 requires a no net loss in zoned capacity of all units, not just a maximum of 1,200, it is not at all clear how the City would be able to avoid the loss of zoned capacity if the number of downzoned units exceeds the 1,200 limit set for the Unit Bank. Thus, to avoid that outcome, either the capacity limit for the Unit Bank needs to be removed or the City needs to otherwise identify a mechanism to ensure that there is no net loss of units in the situations where the proposed downzoning would exceed the available capacity of the Unit Bank.
The other topic is that of the nature of the bonuses provided under the program. Sec. 30-968 – Types of Bonuses Allowed states that a density bonus will be provided, but nowhere is there a mention of any additional measures that would be provided to actually reduce the cost of building housing such as a reduction in parking minimums (beyond what is provided by the state density bonuses) or the opportunity to improve on the requirements of Table No. 30-434: Residential Development Standards. Failure to do so diminishes the potential for being able to actually develop the units and would exacerbate the issue identified above of having a cap on the maximum number of units available in the Unit Bank by making it less likely for developers to be able to make use of them.
To remedy this issue, it would be ideal to see the types of bonuses for the No Net Loss Program updated to enable changes to those limits contained in Table No. 30-434 as part of the Program.
An ideal starting point would be to enable developers utilizing the Program to apply a 20% reduction in Minimum Dwelling Unit Size for all the Multiple-Family categories and a 30% reduction in Minimum Dwelling Unit Size for the Single-Family categories as well as for the
CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE
“Bringing People Together to Improve Our Social and Natural Environment” Mailing Address Physical Address Tel: 951-360-8451
P.O. Box 33124 3840 Sunnyhill Drive, Suite A Fax: 951-360-5950 Jurupa Valley CA 92519 Jurupa Valley CA 92509 www.ccaej.org corresponding lot dimensions and minimum lot size requirements. Similarly, this opportunity needs to be applied to the maximum lot coverage requirements, with a 30% allowable increase over what is listed for Single Family zones and 20% allowable increase over what is listed for Multi-Family zones for projects making use of the Program. These changes are essential to making the Program usable and ensuring that a glut of units does not pile up in the Unit Bank which would ultimately put the City out-of-compliance with SB 330.
Thank you for your time and attention to this matter. If there are any questions, please do not hesitate to reach out to have them answered.
Sincerely,
Marven Norman
Policy Specialist
CCAEJ is a long-standing community based organization with over 40 years of experience advocating for stronger regulations through strategic campaigns and building a base of community power. Most notably, CCAEJ’s founder Penny Newman won a landmark federal case against Stringfellow Construction which resulted in the `Stringfellow Acid Pits’ being declared one of the first Superfund sites in the nation. CCAEJ prioritizes community voices as we continue our grassroots efforts to bring lasting environmental justice to the Inland Valley Region.