Attachment No 1 - Ordinance with Planning Commission Modifications.docx

ORDINANCE NO.

An Ordinance of the CITY COUNCIL OF THE CITY OF FONTANA approving Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 AMENDING CHAPTERS 26 AND 30 OF THE FONTANA MUNICIPAL CODE for UPDATES TO CHAPTER 26 INCLUDING THE ADDITION OF PROVISIONS PERTAINING TO FINANCE AND CONVEYANCE MAPS, amendments TO CHAPTER 30 ALLOWING for TRUCK SALES WITHIN THE GENERAL COMMERCIAL ZONING DISTRICT ALONG VALLEY BOULEVARD WITH A CONDITIONAL USE PERMIT, EXTENDing THE LENGTH OF TIME FOR TIME EXTENSIONS FOR ENTITLEMENT PROJECTS FROM ONE TO TWO YEARS, AND ADDing ADditional LANGUAGE TO PROVIDE FOR REPLACEMENT UNITS TO ADDRESS SENATE BILL (SB) 330 THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. City staff initiated Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 – Update to the Fontana Municipal Code for amendments to Chapter 26 Subdivisions and Chapter 30 Zoning and Development Code.

Section 2. On May 17, 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 Master Case No. 22-049 and Municipal Code Amendment No. 22-004 as it relates to a request to amend Chapter 26 the to include a provision for finance conveyance maps and also revisions to Chapter 30 to permit truck and trailer sales in the General Commercial (C-2) zone, reduced setbacks for detached patios, include a provision for No Net Loss to address Senate Bill 330, and Eliminate Inconsistencies throughout. During this hearing, the Planning Commission approved Resolution PC No. 2022-015 to recommend approval to City Council of Master Case No. 22-049 and Municipal Code Amendment No. 22-004, subject to removing amendments to reduce setbacks for detached residential patios, which has been incorporated into this Ordinance.

Section 3. On June 21, 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 Master Case No. 22-071 and Municipal Code Amendment No. 22-005 as it relates to a request to amend Chapter 30 to revise distance requirements for smoke and vape shops and to include a provision for sign programs for larger commercial centers. At the conclusion of the hearing, the Planning Commission declined to recommend approval to the City Council of Master Case No. 22-071 and Municipal Code Amendment No. 22-005. This Ordinance incorporates the recommendations of the Planning Commission.

Section 4. On July 12, 2022, the City Council held a duly noticed public hearing on Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005, received testimony, and the supporting documents in evidence, the City Council found that the Municipal Code 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.

Section 5. The City of Fontana City Council hereby makes the following findings for Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

Finding: A 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 city initiated the proposed Municipal Code Amendments (Master Case No. 22-049, Master Case No. 22-071, Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005) to update Chapters 26 and 30 of the Municipal Code to revise standards, eliminate inconsistencies, and include provisions for finance and conveyance maps, density/replacement units to address Senate Bill 330, and sign programs. The proposed amendments are proposed in order to provide flexibility and streamlining of the City’s Municipal Code. Therefore, the amendment would provide clarity and will improve implementation of the Municipal Code which will be beneficial to the community to promote public welfare and furthers good planning principals.

Section 6. Revise Table No. 30-22 in Article II of Chapter 30 of the Zoning and Development Code, as follows:

Modification to ARTICLE II – ADMINISTRATIVE PROCEDURES; DIVISION 4. – HEARING BODIES AND NOTIFICATION
TABLE No. 30-22
Reviewing Bodies
Appeal Body
Project Type
DAB
DP
PR
PC
CC
PC
CC
Administrative Site Plan, Amendment
X
X
X
Administrative Site Plan, Major
X
X
X
Administrative Site Plan, Minor
X
X
X
Administrative Site Plan, Modification
X
X
X
Area Plan
X
Xa
X
Certificate of Appropriateness
X
Conditional Use Permit
X
X
X
Conditional Use Permit Amendment
X
X
X
Conditional Use Permit Modification
X
X
X
Density Bonus
X
Xa
X
Design Review
X
X
X
Design Review, Amendment
X
X
X
Design Review, Modification
X
X
X
Design Review, Signs
X
X
Director’s Determination
X
X
Development Agreements
Xa
X
Development Agreements, Amendment
Xa
X
General Plan Amendments
X
Xa
X
Home Occupation Permit
X
X
Lot Line Adjustment
X
X
Minor Use Permit
X
X
X
Minor Use Permit, Amendment
X
X
X
Minor Use Permit, Modification
X
X
X
Parcel Maps, Tentative
X
X
X
Finance and Conveyance Maps
X
X
Parcel Maps, Final
X
X
Park Review
X
Xb
X
X
Specific Plan, Amendment
X
Xa
X
Temporary Use
X
X
Tract Maps, Tentative
X
X
X
Tract Maps, Final
X
Variances
X
X
X
Variances, Administrative
X
X
X
Time Extension, Parcel Map
X
X
Time Extension, Tract Map
X
X
Time Extension, Projects
X
X
X
Development Code and Zoning District Map, Amendment
X
Xa
X
Section 7. Modifications to ARTICLE II – ADMINISTRATIVE PROCEDURES, DIVISION 21.-MAPPING: TENTATIVE PARCEL MAP, TENTATIVE TRACT MAP, AND LOT LINE ADJUSTMENT in Chapter 30 of the Zoning and Development Code, as follows:

DIVISION 21. - MAPPING: TENTATIVE PARCEL MAP, TENTATIVE TRACT MAP, AND LOT LINE ADJUSTMENT AND FINANCE AND CONVEYENCE MAPS Subdivision V. - Finance and Conveyance Maps
Sec. 30-302.2 – Finance and Conveyance Maps
Purpose. The purpose and intent is to provide procedures for the implementation of Government Codes relative to Finance and Conveyance Maps. Specific procedures as outlined in Division 21 of this article and Chapter 26; the administrative procedures are herein. (b) Authority. The Director of Planning is authorized to approve or deny finance and conveyance map applications.

Application. An application for a finance and conveyance map shall be filed with the Planning Department in a manner prescribed by the Director of Planning. (d) Development Advisory Board (DAB) review. All application for a Finance and Conveyance Map shall be reviewed by the Development Advisory Board (DAB) to provide recommendation for the project. The recommendation should be incorporated into the project prior to moving forward to the approval body. (e) Findings for approval. The Director of Planning shall make the findings identified in Chapter 26 before granting approval of a finance and conveyance map application. (f) Noticing. Notice of hearings for Finance and Conveyance Maps shall be as set forth in Division 4, of this article herein. (g) Hearing. Upon receipt of a complete application for the project a time and place for the hearing before the Director of Planning shall be set. (h) Appeal. The decision of the Director of Planning shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein. (i) Time limitations. Each finance and conveyance map approval granted under this article shall become null and void pursuant to the time limitation identified in Chapter 26.

Section 8. Add article 5 to Chapter 26 Subdivision and renumber existing articles, as follows:

ARTICLE 5: FINANCE AND CONVEYANCE MAPS
26-256 General
This article shall govern the filing and processing of tentative maps for finance and/or conveyance purposes. Applications for finance and/or conveyance maps may only be accepted under one of the following criteria:

The site to be subdivided by the map is already developed, and the proposed map will not create legal building sites upon which new development may occur; or A future map for development purposes must be processed in order for any development on the site the property to occur, and this fact is clearly stated on the face of the map; or The zoning for the property covered by the map does not permit any development. 26-257 Filing Form
Financing and conveyance maps (collectively referred to as “financing maps”) are filed with the Planning Department as specified in Section 30-305. (a) Application. Each land divider shall file with the planning department a parcel map application in form, format and content and with the requisite number of parcel maps in accordance with the planning commission adopted submittal requirements established pursuant to section 30-305. (b) Filing fees. At the time of filing of the parcel map, the land divider shall pay to the city a filing fee in an amount to be fixed by resolution of the city council. (c) Form. Every parcel map filed with the planning department shall adhere to the requirements specified in the parcel map application in effect at the time of submittal. 26-258 Submittal Requirements
The form, content and supplementary information that must accompany a financing and conveyance map application shall conform to the requirements for tentative maps set forth in Section 26-217 except as hereafter provided.

Notwithstanding the requirements set forth in Section 26-217, the Director of Planning or designee may waive the following requirements in writing if requested in advance by the applicant:
internal streets and access ways within the boundary of the map (with concurrence of the City Engineer); dimensions and location of sidewalks and common areas;
soils and geology report;
energy conservation statement;
regional housing needs statement; and/or
other submittal requirements set forth in Chapter 26, Subdivisions, or the Subdivision Map Act, provided, the City Engineer determines in advance, in his/her professional judgment, that the proposed map continues to comply with the spirit and intent of the Subdivision Map Act, and Chapter 26.

The following statement must be clearly printed on the face of the proposed financing map: “FOR FINANCE AND CONVEYANCE PURPOSES ONLY.” If a future map is required for any development, the face of the map must include the following additional statement: “THIS MAP DOES NOT CREATE A LEGAL BUILDING SITE. FURTHER APPLICATIONS ARE NECESSARY TO DEVELOP THIS PROPERTY.” 26-259 Review Procedure
Criteria. The Director of Planning shall base their decision to approve, conditionally approve, or disapprove the proposed financing map on the information required under this article, and any additional information reasonably necessary to determine that the property covered by the map can be feasibly developed under the existing zoning and general plan designations for the site. At a minimum, the Director of Planning should examine the following:

Does the parcel (or parcels) of land have access from a public road, or is access both feasible and required by a condition of approval for the proposed map?
Do the parcel lines conflict with any public easements? Are there any physical constraints or other issues which may affect the feasibility of future development on the site (e.g. vehicular access, utility service extensions)? If necessary in order to adequately evaluate the map, additional technical studies (e.g. access study) should be required prior to finding the application complete.

Does the map provide sufficient information on future uses and feasibility of future uses to ensure consistency with the general plan and zoning designations for the site? Is the site suitable for the future permitted or proposed uses? Does the map provide sufficient information on the subdivision design and future improvements to evaluate its potential impact on the environment in compliance with the California Environmental Quality Act? Does the map provide sufficient information to evaluate and ensure that the subdivision design will not cause future conflicts with public easements?
Is there sufficient information on the subdivision design and future improvements to enable the City to determine whether the map complies with applicable water quality standards? Findings. The Director of Planning must make the following findings to approve financing and conveyance maps.

That the proposed map is consistent with applicable general plan, specific plans and the municipal code.

That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

That the site is physically suitable for the type of development.

That the site is physically suitable for the proposed density of development.

That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

That the design of the subdivision or type of improvements is not likely to cause serious public health problems.

That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

Mandatory Conditions of Approval. In addition to the standard subdivision conditions of approval applied to all maps for development purposes, the following conditions of approval shall apply to all financing maps:

Any submittal requirements which were waived in connection with the financing map in accordance with the definition listed below shall be submitted concurrently with the first discretionary application for development of the site covered by the map (i.e. with an application for a future map, a conditional use permit, or specific plan).

This map is approved for financing and land conveyance purposes only. No applications for building or grading permits shall be accepted for the parcel or parcels created by this map until a future map/conditional use permit/specific plan/or other entitlement for development has been approved by the City.

Renumber Articles:

ARTICLE VVI. - STORM DRAINAGE BENEFIT AREA FEES
ARTICLE VII. - REVERSION TO ACREAGE AND COMBINING PARCELS Section 9. Revise Table 30-489 and add 17 to Section 30-492 of Chapter 30 of the Zoning and Development Code, Article VI, Division 3, as follows:

Table No. 30-489
Allowed Uses within Commercial Zoning Districts
Use
C-1
C-2
RMU
Retail Sales
Adult Businesses
P*
P*
—
Antique Shop
P
P
P
Automobile Sales Agency with or without Incidental Repair and Sales Display Area —
C
C
Automobile Supply Store (no machine shop)
P
P
P
Bakery Goods Store
P
P
P
Bar, Cocktail Lounge
C
C
C
Bicycle Shop
P
P
P
Boat Sales with Incidental Repair and Sales Display Area —
C
C
Book Store
P
P
P
Building Materials, Retail Sale of (if contained within a completely enclosed building) —
P
P
Building Materials with Outdoor Storage
—
P*
P*
Blueprinting Establishment
—
P
P
Caterer
P
P
P
Clothing Store
P
P
P
Computer Store
P
P
P
Convenience Store
P
P
P
Cyber Cafés
C
C
C
Department Store
—
P
P
Discount Store
P
P
P
Drugstore
P
P
P
Electrical Supply Store
P
P
P
Feed Store
C
M
—
Florist Shop
P
P
P
Furniture Store
P
P
P
Garden Furniture and Supplies Store
P*
P*
P*
Glass or Mirror Store
P
P
P
Grocery, Fruit, Vegetable, Meat, Fish, Poultry, or Delicatessen Store, P
P
C
Hardware Store
P*
P*
P*
Hobby Supplies Store
P
P
P
Home Furnishing Store
P
P
P
Household Appliance Store
P
P
P
Ice Cream Store
P
P
P
Ice Storage Locker (if not more than five-ton capacity) P
P
P
Interior Decorating Shop
P
P
P
Jewelry and Coin Store
P
P
P
Liquor Store
C
C
C
Micro-Brewery
—
C
C
Newsstand
P
P
P
Novelties Store
P
P
P
Nursery, Plant (includes statuary sales)
P*
P*
P*
Paint and Wallpaper Shop
P
P
P
Pawn Shop
—
C
C
Pet Boarding
—
M
—
Pet Shop
P
P
P
Plumbing Supply Store
—
P
P
Radio, Television, and Small Electrical Appliance Shop
(including repair when incidental to retail sales)
P
P
P
Restaurant and Café, Excluding Those Having Dancing and/or Floorshows. Alcoholic Beverages are not Permitted.

P*
P*
P*
Restaurant and Café with Entertainment and/or Dancing. Alcoholic Beverages Permitted.

C*
C*
C*
Restaurant and Café Without Entertainment and/or Dancing. Alcoholic Beverages Permitted. (See Section No. 30-492 For Alcoholic Beverage Sales) C
C
C
Restaurant, Drive-Thru and Take Out
P*
P*
P*
Secondhand Store
—
P
P
Shoe Store
P
P
P
Smoke/Tobacco Shop and Vape Shop
C
C
C
Sporting Goods Store
P
P
P
Swap Meet (Indoor/outdoor)
—
—
—
Tattoo Establishments
P*
P*
P*
Trailer and Mobile Home Sales and Rental
—
P*
C
Truck and Trailer Sales
(Valley Boulevard only)
—
C*
—
Wholesale Auto Sales (requires one stall)
C
C
—
Warehousing Sales, Retail
C
P*
P*
Warehousing Sales, Wholesale
—
C
P*
Truck and Trailer Sales
Truck and trailer sales and associated accessory repair shall only be located fronting Valley Boulevard within the General Commercial (C-2) zoning district.

The use must be on a stand-alone parcel with a building on the same parcel associated with the business.

All display of truck or truck and trailer shall be set back behind landscaped areas and shall not be located on required parking areas.

The entire area used for display purposes shall be surfaced with asphalt or an equally serviceable hard pavement surface. The surface shall be maintained in good condition.

Outdoor display areas shall be maintained in a neat and orderly condition.

All parts, accessories, etc. shall be stored within a fully enclosed structure.

No amplified speaker systems shall be used outside.

All on-site lighting shall be stationary and directed away from adjoining properties and public rights-of-way.

Only ancillary repair shall occur within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way or freeway.

Off-street parking requirements shall adequately accommodate all on-site uses including showroom, office, parts and service areas, as well as employee and customer parking.

Section 10. Revise Chapter 30 of the Zoning and Development Code, Article II, Divisions 10-13 and 16 as follows:

Section No. 30-85 - Time Limitations
Each Administrative Site Plan approval granted under this Section shall become null and void two (2) years after the date of approval; unless:

The appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within this period.

A one time (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations.

A one-time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations.

Section No. 30-95 - Time limitations.

Each Administrative Site Plan, Minor approval granted under this Section shall become null and void two (2) years after the date of approval; unless:

A one time (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations.

A one-time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations.

Section No. 30-105 - Time limitations.

Each Administrative Site Plan Amendment approval granted under this Section shall become null and void two (2) years from the date of original approval; unless:

A one time (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations.

A one-time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations.

Section No. 30-115 - Time limitations.

Each Administrative Site Plan, Modification approval granted under this Section shall become null and void two (2) years after the date of approval; unless:

A one time (2) year extension may be granted by the director of Planning provided there are no changes to the originally approved site plan and elevations.

A one-time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations.

Section No. 30-124 - Time limitations.

Each Design Review approval granted under this Article shall become null and void two (2) years after the date of approval, unless:

The appropriate permits have been obtained and construction, defined permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within the two (2) years period.

A vesting tentative tract or parcel map is approved concurrently with the Design Review item. In such cases, the Design Review approval period shall be valid pursuant to the time limits prescribed by Division No. 11, of this Article herein.

Any valid Design Review in effect at the date of adoption of this Section shall remain valid for a period of two (2) years from the date of that design review approval. A one (1) time two (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.

Any valid Design Review in effect at the date of adoption of this Section shall remain valid for a period of two (2) years from the date of that design review approval. A one (1) time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.

Section No. 30-133 - Time limitations.

Each Design Review, Amendment approval granted under this Article shall become null and void two (2) years from the date of original approval, unless:

1. The appropriate permits have been obtained and construction, defined permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within the two (2) years period.

2. A vesting tentative tract or parcel map is approved concurrently with the design review item. In such cases, the design review approval period shall be valid pursuant to the time limits prescribed by Division No. 11.

3. Any valid Design Review, Amendment in effect at the date of adoption of this Section shall remain valid for a period of two (2) years from the date of that design review approval. A one (1) time two (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.

Any valid Design Review, Amendment in effect at the date of adoption of this Section shall remain valid for a period of two (2) years from the date of that design review approval. A one (1) time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.

Section No. 30-144 - Time Limitations.

Each Design Review, Modification approval granted under this Article shall become null and void two (2) years from the date of approval, unless:

A vesting tentative tract or parcel map is approved concurrently with the Design Review item. In such cases, the design review approval period shall be valid pursuant to the time limits prescribed by Division No. 11.

Any valid Design Review, Modification in effect at the date of adoption of this Section shall remain valid for a period of two (2) years from the date of that design review approval. A one (1) time two (2) year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.

Any valid Design Review, Modification in effect at the date of adoption of this Section shall remain valid for a period of two (2) years from the date of that design review approval. A one (1) time one (1) year extension may be granted by the Director of Community Development provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.

Section No. 30-154 - Time limitations.

Any Conditional Use Permit granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two (2) years months after the effective date of the approval. No permittee shall obtain any right solely by reason of such conditional use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

For a Conditional Use Permit for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the Conditional Use Permit has commenced within such time period.

In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the conditional use permit item, the final map has been recorded within such time period.

In addition, for a Conditional Use Permit for which a building permit is required to comply with any condition of the conditional use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

An extension of up to two (2) years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Department for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Planning's decision shall be made to the Planning Commission as set forth in Division No. 5, of this Article herein.

An extension of up to one (1) year beyond the initial time period provided in subparagraph (a) may be granted by the Director of Community Development upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Division for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Community Development's decision shall be made to the Planning Commission as set forth in Division No. 5, of this Article herein.

Section No. 30- 164 - Time Limitations.

Any Conditional Use Permit Amendment granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two (2) years months after the effective date of the approval. No permittee shall obtain any right solely by reason of such conditional use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

For a Conditional Use Permit Amendment for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the Conditional Use Permit Amendment has commenced within such time period.

In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the Conditional Use Permit Amendment item, the final map has been recorded within such time period.

In addition, for a Conditional Use Permit Amendment for which a building permit is required to comply with any condition of the conditional use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

Section No. 30- 173 - Time Limitations.

Any Conditional Use Permit Modification granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two (2) years months after the effective date of the approval. No permittee shall obtain any right solely by reason of such Conditional Use Permit Modification issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

For a Conditional Use Permit Modification for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the conditional use permit has commenced within such time period.

In addition, for a Conditional Use Permit Modification for which a building permit is required to comply with any condition of the conditional use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

Section No. 30-182 - Time Limitations
Any Minor Use Permit granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two (2) years after the effective date of the approval. No permittee shall obtain any right solely by reason of such minor use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

For a Minor Use Permit for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the Minor Use Permit has commenced within such time period.

In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the minor use permit, the final map has been recorded within such time period.

In addition, for a Minor Use Permit for which a building permit is required to comply with any condition of the minor use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

An extension of up to an additional one (1) year beyond the initial time period provided in subparagraph (a) may be granted by the Director of Community Development upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit should submit a written request to the Planning Division for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Community Development's decision shall be made to the Planning Commission as set forth in Division No. 5, of this Article herein.

Section No. 30-201 - Time Limitations.

Any Minor Use Permit Modification granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two (2) years after the effective date of the approval. No permittee shall obtain any right solely by reason of such minor use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

For a Minor Use Permit Modification for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the Minor Use Permit has commenced within such time period.

In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the minor use permit, the final map has been recorded within such time period.

In addition, for a Minor Use Permit Modification for which a building permit is required to comply with any condition of the minor use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

Section No. 30-225 – Application
Applications for Director’s Determination shall be filed with the Planning Division upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division, to insure a full presentation of the facts. No application shall be considered by the Director of Planning Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

In reaching a determination that a use not specifically listed in this chapter may be permitted or conditionally permitted in each of the various zones, the Director shall make the following specific findings in writing:

That the proposed use is consistent with the applicable general plan map and text, the zoning district, and all other provisions of the Zoning and Development Code.

That the proposed use will be compatible with other permitted and conditionally permitted uses in the zoning district and that there will be no reasonably foreseeable adverse effect to other surrounding properties or their permitted uses.

That the proposed use will be organized, designed, constructed, operated and maintained so as to be compatible with the character of the zoning district and surrounding zoning districts as intended by the General Plan and Zoning and Development Code.

The proposed use is of a type, character, size, scale and nature which is compatible, conforming and otherwise harmonious with other like and similar uses, especially as related to operational characteristics such as services offered, goods, products, hours of operation, traffic and noise generation, and any other characteristic which by its existence provides factual information pertinent to the Director's Determination.

Section 11. Add Article XV to Chapter 30 of the Zoning and Development Code, as follows:

Article XV No Net Loss Program
Sections:
30-965 Purpose and authority.
30-966 Definitions.
30-967 Requirements.
30-968 Types of Bonuses and Incentives Allowed.
30-969 Development Standards.
30-970 Processing of No Net Loss Program Requests.
30-971 No Net Loss Program Density Bonus Agreement.
30-972 Implementation.
30-973 Fee
Sec. 30-965 - Purpose and authority
The City desires to ensure its compliance with Senate Bill 330 (SB330) and establish a no Net Loss Density Bonus Program for certain residential projects. This Chapter provides, concurrent with the approval of any change in zone from a residential use to a less intensive or non-residential use, a density bonus will become available to project applicants subsequently seeking to develop property for residential use within the City. In doing so, the proposed Section will ensure that there is no net loss of residential capacity within the City as required by SB330.

On October 9, 2019, the California Legislature adopted SB330 which, among other things, adopted Government Code Section 66300, declared a housing crisis in the State of California and imposed certain requirements designed to streamline the construction of new housing, and prevent the loss of existing housing and land available for future residential use, unless the city concurrently changes the development standards, policies, and conditions applicable to other areas of the affected jurisdiction to ensure no net loss in residential capacity. SB330 became effective on January 1, 2020.

Sec. 30-966 - Definitions.

Except as otherwise expressly set forth herein, the following words and terms as used in this Chapter shall have the following meanings:

Density Bonus. A density increase of up to those percentages above the otherwise maximum residential density as specified in this Chapter.

Density Bonus Housing Agreement. A legally binding agreement between a developer of a Housing Development and the City containing such terms and conditions as determined by the City Attorney, which ensures that the requirements of this Chapter are satisfied.

Density Bonus Units. Those residential units granted pursuant to the provisions of this Chapter, that exceed the maximum residential density for the development site and that are available in the Unit Bank.

Housing Development. Construction projects consisting of five or more residential units or Lots, including single-family and multifamily, that are proposed to be constructed pursuant to this Chapter.

Lot. (1) a Lot when shown as a delineated Lot of land with a number or other designation on a parcel map or tract map and not to be used for the common benefit of other Lots recorded in the Office of the County Recorder of San Bernardino County and legally created under the Subdivision Map Act ; (2) a Lot of land held under separate ownership from adjacent property that constitutes a legal lot under applicable Law.

Maximum Residential Density. The maximum number of residential units permitted by the City's General Plan Land Use Element and Zoning and Development Code, applicable to the subject property at the time an application for the construction of a Housing Development is deemed complete by the City, excluding the additional units permitted by this Chapter.

Director of Planning. The Director of Planning of the City.

Unit Bank. The number of units available to the No Net Loss Program as a result of a change of zone from a residential use to a less intensive residential use or a non-residential use. The Director of Planning, or his or her designee, shall have the sole authority to administer and maintain the Unit Bank balances, credits and availability as he or she determines, which determination shall be final.

Sec. 30-967 - Requirements.

The City shall grant a density bonus through the No Net Loss Program to projects which meet the following criteria:

A. The project is on a parcel of at least one acre, or the applicant is processing an application concurrently with a parcel merger of two or more Lots or more which will create a Lot of not less than one-acre.

B. The project takes place in one of the following residential zones in the City:
a. Residential Estate (R-E)
b. Single-Family Residential (R-1)
c. Medium-Density Residential (R-2)
d. High-Density Residential (R-3)
e. Multi-Family/Medium-High Residential (R-4)
f. Multi-Family/High Residential (R-5
g. Residential Planned Community (R-PC)
C. In determining the number of Density Bonus Units to be granted pursuant to this Section, the maximum allowable residential density for the site shall be calculated as follows:
a. Multiplying the maximum density allowed under the applicable zoning designation and multiplying the result by 1.2 for a 20 percent density bonus. If the result, including the density bonus, contains a fraction of a unit, the number of allowable units shall be determined by rounding down to the nearest whole number if the fraction is below 0.5. Calculations containing fractions of 0.5 or above shall be rounded up. b. Density bonuses in the No Net Loss Program can be combined with other density bonus programs as established in Article II, Division 25 – Density Bonus of the Fontana Municipal Code.

In no case shall the number of No Net Loss/Density Bonus Units awarded under the No Net Loss Program exceed the number of units in the Unit Bank.

In no case shall the number of No Net Loss/Density Bonus Units available in the Unit Bank exceed 2,200 units.

D. A No Net Loss/Density Bonus Agreement shall be required for any project seeking a density bonus as part of the No Net Loss Density Bonus Program.

E. The Planning Department shall publish the available number of units available in the Unit Bank on the Planning Department’s page on the City’s website.

Sec. 30-968 - Types of Bonuses Allowed.

A. Density Bonus. The density bonus allowed by this Chapter shall consist of those density increases specified in Section 30-967 above the maximum residential density applicable to the site as of the date of the project land use permit application.

B. Mixed use zoning allows the Housing Development to include nonresidential uses. Approval of mixed-use activities in conjunction with the No Net Loss program is permissible if authorized elsewhere under the Fontana Municipal Code and subject to those requirements. A density bonus will be granted only for the residential portion of a mixed use development.

Sec. 30-969 - Development Standards.

All development standards for the base zone and/or overlay district shall be met. Granting of a density bonus does not constitute approval of or grounds for modification or waiver of any development standard or other requirement of the Fontana Municipal Code.

Sec. 30-970 - Processing of No Net Loss Program Requests.

An Application which proposes to change a land use designation or zoning ordinance to a less intensive use may request concurrent approval by the City Council to transfer the unit reduction to a No Net Loss Density Bonus Bank for the purpose of complying with SB330.

An Application which proposes to utilize units available in the No Net Loss Density Bonus Bank shall submit an application for any No Net Loss program project in conjunction with the permit and entitlement application submittal package required for the project. A density bonus request pursuant to this Chapter shall be processed as part of the greater application for development. The process for obtaining preliminary approval of the Density Bonus Housing Agreement, shall be as follows:

A. Filing. An applicant proposing a Housing Development pursuant to this chapter shall submit an application for a Density Bonus Housing Agreement as part of the submittal of any formal request for approval of a Housing Development. The application, whether a pre-application or a formal application, shall include:

1. A brief description of the proposed Housing Development, including the total number of units, and Density Bonus Units proposed;

2. The zoning and General Plan designations and assessor's parcel number(s) of the project site;

3. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways, and parking layout; and

4. If an additional incentive or program available under the Fontana Municipal Code or the Housing Element is requested, a description of why the additional incentive or program is applicable to the Density Bonus Units.

5. Any additional information and submittal requirements as noted on the Master Planning Application.

B. Review of No Net Loss Density Bonus Program Request.

1. Within 90 days of receipt of the application for a No Net Loss Program the City shall provide to an applicant a letter, which identifies project issues of concern, and the procedures for compliance with this Chapter.

Sec. 30-971 - No Net Loss Program Density Bonus Agreement.

A. The terms of the draft density bonus agreement (Agreement) shall be reviewed and revised as appropriate by the Director of Planning and the City Attorney who shall formulate a recommendation to the Planning Commission for review and the City Council for final approval.

B. At a minimum, the Agreement shall include the following:

1. The total number of units proposed within the Housing Development;

2. A schedule for completion and occupancy of the units;

3. A description of remedies for breach of the Agreement by either party; and

4. Any other provisions to ensure implementation and compliance with this chapter and other density bonus provisions established in Division 25 of the Fontana Municipal Code, as applicable, including but not limited to:
a. A description of the household income group to be accommodated by the Housing Development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost; b. The location, unit sizes (square feet), and number of bedrooms of density bonus units; and, c. Tenure of use restrictions for density bonus units.

Sec. 30-972 - Implementation.

A. The provisions of this Chapter shall be administered by the Planning Department.

B. Projects requesting density bonus through the No Net Loss Program are subject to processing through the requirements in this Chapter.

Sec. 30-973 - Fee.

The City Council has set by resolution application fees for the submissions required by this Chapter. The fees set by the resolution of the City Council with regards to this section shall not exceed the amount reasonably necessary for the City to perform the services provided under this Chapter.

Section 12. Based on the foregoing, the City of Fontana City Council determines that this project is exempt per the California Environmental Quality Act (CEQA) pursuant to 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 Section 13. Municipal Code Amendment No. 22-004, and Municipal Code Amendment No. 22-005 is hereby approved; and Section 14. 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 July 26, 2022
READ AND APPROVED AS TO LEGAL FORM:
_________________________________________
City Attorney
I, Germaine McClellan Key, 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 at a regular meeting on the 12th day of July 2022, and was finally passed and adopted not less than five days thereafter on the 26th day of July 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
ATTACHMENT NO. 1
Ordinance No. ___

Fontana City CouncilJuly 26, 2022

Fontana City Council
July 26, 2022