8353 Sierra Avenue
City of Fontana Fontana, CA 92335
CALIFO
Legislation Details (With Text)
File #: 21-1469 Version: 1 Name:
Type: Public Hearing Status: Agenda Ready
File created: 6/8/2022 In control: Planning Commission
On agenda: 6/21/2022 Final action:
Title: Master Case No. 22-071 and Municipal Code Amendment No. 22-005 - Fontana Municipal Code amendment to Chapter 30 (Zoning and Development Code).
RECOMMENDATION:
Based on the information in the staff report staff recommends that the Planning Commission adopt Resolution PC No. 2022-_; and,
1. Determine that this Ordinance is categorically exempted pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and,
2. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 22-005 to amend Chapter 30 of the Municipal Code.
APPLICANT:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:
Citywide
PROJECT PLANNER:
Rina Leung, Senior Planner
Sponsors:
Indexes:
Code sections:
Attachments: 1. Attachment No. 1 - Planning Commission Resolution and Exhibit A, 2. Attachment No. 2 - Notice of Exemption, 3. Attachment No. 3 - Notice of Public Hearing Date Ver. Action By Action Result
FROM:
Planning Department
TITLE:
Master Case No. 22-071 and Municipal Code Amendment No. 22-005 - Fontana Municipal Code amendment to Chapter 30 (Zoning and Development Code).
City of Fontana Page 1 of 3 Printed on 6/20/2022
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File #: 21-1469, Version: 1
RECOMMENDATION:
Based on the information in the staff report staff recommends that the Planning Commission adopt Resolution PC No. 2022-_; and,
1. Determine that this Ordinance is categorically exempted pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and,
2. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 22-005 to amend Chapter 30 of the Municipal Code.
APPLICANT:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:
Citywide
REQUEST:
A Municipal Code Amendment (MCA) No. 22-005 for amendments to Chapter 30 to reduce the required buffer for smoke shops feet and add a provision to allow for Comprehensive Sign Programs.
PROJECT PLANNER:
Rina Leung, Senior Planner
BACKGROUND INFORMATION:
Chapter 30 includes a 1,500 foot buffer requirement for smoke and vape shops from certain sensitive uses, which is more restrictive than other similar uses. The City has initiated the Municipal Code Amendment to make the distance requirements for smoke and vape shops consistent with other similar uses.
Although Chapter 30 of the Zoning and Development Code currently includes regulations and standards for signs, they do not include a provision for master sign programs, which can be a useful tool to address challenges for larger commercial properties.
PROJECT DESCRIPTION/ANALYSIS:
The City initiated Municipal Code Amendment No. 22-005 to update Chapter 30 (Zoning and Development Code). The following is a brief summary of the revisions; a detailed list of the proposed amendments is provided as part of Exhibit A of the Planning Commission Resolution (Attachment No. 1).
Revision to Chapter 30 Section 30-492 Smoke and Vape Shops: This update would reduce the minimum distance requirement of a proposed smoke and vape shop to a school, park, religious institution, hospital, youth facility, or other sensitive land use from 1,500 to 600 feet, thus making the City of Fontana Page 2 of 3 Printed on 6/20/2022
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File #: 21-1469, Version: 1
seperation requirements consistent with those of alcoholic beverage sales.
Addition of Section 30-731.1. Sign Programs: The update includes provisions for sign programs for larger sites (six acres or more) for commercial and mixed use designated properties with frontage on Baseline Avenue, Foothill Boulevard, Sierra Avenue, or Valley Boulevard.
The proposed amendments are proposed in order to provide flexibility and streamlining of the City's Municipal Code.
MOTION:
Approve staff recommendation
ATTACHMENTS:
1. Planning Commission Resolution/Exhibit A
2. Notice of Exemption
Notice of Public Hearing
City of Fontana
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RESOLUTION PC NO. 2022-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF FONTANA, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE APPROVING MUNICIPAL
CODE AMENDMENT (MCA) NO. 22-005 TO REVISE CHAPTER 30
TO REDUCE BUFFERS FOR SMOKE SHOPS AND ADD
PROVISIONS TO ALLOW FOR COMPREHENSIVE SIGN
PROGRAMS.
WHEREAS, the City of Fontana wishes to protect and preserve the quality of life throughout the City, through effective land use and planning; and WHEREAS, a notice of the public hearing was published in the local newspaper on Friday, June 11, 2022 and posted at City Hall; and
WHERAS, on June 21, 2022, the Planning Commission received public testimony on Municipal Code Amendment (MCA) No. 22-005 and determined that this Ordinance qualifies for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and Sections No.
3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA. This Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
WHEREAS, the Planning Commission carefully considered all information pertaining to the proposed Municipal Code Amendment, including the staff report, and all the information, evidence, and testimony presented at its public hearing on June 21, 2022; and WHEREAS, the new General Plan includes policies and actions calling for numerous updates to the Municipal Code; and
WHEREAS, State law requires Zoning regulations to be consistent with the General Plan, and therefore updating the Municipal Code would contribute to consistency with the General Plan; and
WHEREAS, the Planning Commission finds that the proposed amendment to the Municipal Code is consistent and compatible with the General Plan, and that the updates directly implement General Plan goals, policies, objectives, the Housing Element policies, and the Zoning and Development Code; and
WHEREAS, the Planning Commission finds that the proposed amendment to Chapter 30 of the Municipal Code will be in conformity with good land use practice and is intended to facilitate ease of use and understanding, as well as to establish appropriate development standards for the land use designations; and
ATTACHMENT NO. 1
Resolution PC No. 2022-_
WHEREAS, the Planning Commission finds that the proposed amendment to the Municipal Code (Exhibit "A") will not be detrimental to the public health, safety, and general welfare, and will not adversely affect the orderly development of property, and will better express the City's policies, and generally promote good land use planning and regulation.
NOW, THEREFORE, the Commission RESOLVES as follows:
Section 1. Recitals. The above recitals are incorporated herein by reference.
Section 2. Based on the foregoing, the Planning Commission hereby recommends that the City Council determine this Ordinance qualifies for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.; therefore, a Notice of Exemption has been prepared.
Section 3. That the Planning Commission hereby recommends that the City Council adopt an ordinance approving Municipal Code Amendment (MCA) No. 22-005 which amends the Municipal Code as indicated in "Exhibit A' as referenced herein.
Section 4. 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 Planning Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 21st day of June, 2022.
City of Fontana
Cathline Fort, Chairperson
ATTACHMENT NO. 1
Resolution PC No. 2022-
ATTEST:
I, Idilio Sanchez, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 21st day of June, 2022, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Idilio Sanchez, Secretary
ATTACHMENT NO. 1
Resolution PC No. 2022-
EXHIBIT A
MUNICIPAL CODE AMENDMENT NO. 22-005
MODIFICATIONS TO CHAPTER 30 (ZONING AND DEVELOPMENT CODE)
1. Modifications to Chapter 30 (Zoning and Development Code) • Section No. 30-492 - Conditional Use Permit and Minor Use Permit regulations of Chapter 30 of the Zoning and Development Code is hereby amended as follows:
Smoke Shop and Vape Shop.
a. Regulations.
1) The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in Cal. Labor Code Section No. 6404.5.
2) Food for consumption is not permitted on the premises. 3) No alcoholic beverages shall be sold or consumed on the business premises. 4) No person under 18 years of age shall be permitted within any area of the business premises where the smoking of tobacco is allowed. 5) No amusement devices, as said term is defined in Section No. 30-12 of this Code, shall be permitted anywhere within the business.
b. Development Standards.
1) There shall be no obstructions within the storefront windows and doors which would hinder visual surveillance of the interior of the tenant space from the outside of the premises during operating hours. Obstructions would include signage, window tint, window coverings, advertisements, etc.
The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons of normal visual acuity.
3) All required emergency access/exits or fire lanes shall be provided and maintained as required by the Fontana Fire Department.
4) The business shall also be in conformity with all other city, state, and federal laws.
C. Distance Requirements.
ATTACHMENT NO. 1
Resolution PC No. 2022-.
1) Distance shall be measured from property line to property line. 2) The tenant space shall not be located within 1,500 600 feet of any existing or proposed school, park, religious institution, hospital, youth facility, or other sensitive land uses, whether said uses are within or outside of the corporate boundaries of the City of Fontana.
3) The tenant space shall be a minimum distance of 500 feet from any smoke/vape shop and smoking/vape/hookah/e-lounges, as said terms are defined in Section No. 30-12, whether said uses are within or outside of the corporate boundaries of the City of Fontana.
• Section 30-731.1 Sign Programs shall be added to Chapter 30 of the Zoning and Development Code as follows:
Sec. 30-731.1 Sign Programs.
(a) Purpose. The purpose of the sign programs are to:
(1) Provide coordinated signage within a development project; (2) Create common design elements;
(3) Provide customed tailored site-specific standards; and (4) Integrate the design of signs with the overall building and landscape design to form an architectural statement.
(b) Applicability.
(1) Location. An applicant may submit a comprehensive sign program application (design review sign program) if they meet the following criteria:
a. A new or existing shopping center with a site area of six acres or more; b. Mixed-use or commercially zoned properties; and
c. On properties with frontage on Baseline Avenue, Foothill Boulevard, Sierra Avenue, or Valley Boulevard.
(2) Requirements. An applicant may request Planning Commission approval of a sign program, consistent with the following:
a. A site plan showing the location of buildings, parking lots, driveways, and landscaped area;
b. The maximum total sign area, the maximum area for individual signs, the height of signs and the number of signs allowed;
c. An accurate indication on the site plan of the proposed location of each proposed sign and existing sign which is to remain;
ATTACHMENT NO. 1
Resolution PC No. 2022-
d. Lighting and sign construction materials; and
e. Sign dimensions (if tenants are not known, generic dimensions may be presented).
f.. Where proposed signage does not meet the requirements of existing sign regulations, the sign program shall provide enhanced design or other elements.
ATTACHMENT NO. 1
NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM:
County of San Bernardino City of Fontana
385 N. Arrowhead Avenue, 2nd Floor Planning Department
San Bernardino, CA 92415-0130 8353 Sierra Avenue
Fontana, CA 92335
Project Title: Master Case No. 22-071
Municipal Code Amendment No. 22-005
Project Location - Specific: Citywide
(a) Project Location - City: Fontana, CA
(b) Project Location - County: San Bernardino
1. Description of nature, purpose, and beneficiaries of Project: Municipal Code Amendment No. 22- 005 is a request to update Chapter 30 to reduce required buffers for smoke shops and add provisions to allow for Comprehensive Sign Programs.
2. Name of Public Agency approving project: City of Fontana
3. Name of Person or Agency carrying out project: City of Fontana
4. Exempt status: (Check one)
Ministerial project.
Not a project.
Emergency Project.
Categorical Exemption. State type and class number: Exempt under guidelines section Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA.
Declared Emergency.
Statutory Exemption. State Code section number:
Other. Explanation:
5. Reason why project was exempt: This project is a citywide code update to Chapter 30 of the Fontana Municipal Code. There is no associated development with this project.
6. Contact Person: Rina Leung, Senior Planner Telephone: (909) 350-6566 Date Received for Filing:
Rina Leung
Senior Planner
(Clerk Stamp Here)
ATTACHMENT NO. 2
FONTANA
CALIFORNIA
NOTICE OF PUBLIC HEARING
Si desea información en Español referente a esta notificación o proyecto, favor de comunicarse al (909) 350-6728.
In compliance with Section No. 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.
Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the agenda will be made available in appropriate alternative formats to persons with a disability.
Should you need special assistance to participate in this meeting, please contact the City Clerk's Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting.
A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:
Master Case No. 22-071/Municipal Code Amendment No. 22-005: Update to the City of Fontana Municipal Code for amendments to Chapters 9 (Environmental Protection and Resource Extraction) and Chapter 30 (Zoning and Development Code). Chapter 9 amendments include additional language for clarity for addressing existing block walls along with a revision to the definition of sensitive receptors. Chapter 30 amendments include reducing the buffer for smoke shops from 1,500 to 600 feet. The proposed Municipal Code Amendment also includes a provision to allow for Comprehensive Sign Programs in Chapter
30. The Planning Commission will review and forward a recommendation to the City Council for the proposed project.
Environmental This project qualifies for a categorical exemption pursuant to the California Determination: Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and Sections No.
3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA.
Location: Citywide
Date of Hearing: June 21, 2022
Place of Hearing: City Hall Council Chambers, 8353 Sierra Avenue, Fontana, CA, 92335 Time of Hearing: 6:00 pm
Should you have any questions concerning this project, please contact Rina Leung, Senior Planner, at (909) 350-6566 or [email protected].
ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION. PLEASE CONTACT THE PLANNER LISTED ABOVE.
IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM,
YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED
AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
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