Fontana City Council
October 11, 2022

CHAPTER 25 - STREETS, SIDEWALKS AND OTHER PUBLIC WAYS

1. Chapter 25 Streets, Sidewalks, and Other Public Ways, Article VII – Wireless Facilities in the Public Right-of-way is hereby amended as followings:

Sec. 25-252. Applications.

(a) Preapplication (PAM) application and wireless facilities in the public right - of-way application are required for all new wireless facilities in the public right-of-way (collocation, small cell facility, and all other types o f wireless facilities that are not modifications or eligible facilities requests). An applicant proposing to install a new wireless facility on either an existing or new pole/infrastructure shall submit a PAM in conjunction with an application for wireless facilities in the public right -of-way (collocation, small cell facility, and all other types of wireless facilities that are not considered modifications or eligible facilities requests) and any required supplemental information to the planning division, at 8353 Sierra Avenue, Fontana Ca. 92335. Pre -applications will be reviewed by the Planning Department. at a development advisory board conference meeting to discuss the proposed facility, the requirements of this article, and any potential impacts of the proposed facility.

(b) Wireless facilities in the public right -of-way application is required for modifications/replacement of existing wireless facilities in the public right -of-way (including eligible facilities requests). Applications to modify/replace existing wireless facilities on an existing pole/infrastructure in the public right -of-way and for pr ojects qualifying as eligible facilities requests shall be filed with the engineering department, at 8353 Sierra Avenue, Fontana Ca. 92335. City staff will review the proposal along with the requirements of this article, and any potential impacts of the proposed facility.

(c) Additional applicable permits. In addition to the applications mentioned in subsections 25 -252(a) and 25 -252(b) above, the applicant is required to file applications for and obtain all applicable permits, such as, but not limited to, the following: Building permits, electrical permits, excavation permit and traffic control permit, landscaping plan check, certificate of appropriateness, and annual blanket permit for wireless facilities in the public right-of-way.

(d) Fees. Application fee(s) shall be submitted with any applications.

(e) Incompleteness. For personal wireless facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with state, local, and federal law. If such an application is incomplete, the city may notify the applicant in writing, and specifying the material omitted from the application.
(Ord. No. 1862 , § 5(Exh. A), 1-26-21)

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CHAPTER 26 - SUBDIVISIONS

1. Chapter 26, Subdivisions, Article II. - Tract Maps - Division 1 is hereby restated and amended as follows:

Section 26-26. – Definitions.

“The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this s ection, except where the context clearly indicates a different meaning:

Board of building commissioners means the five-member board appointed by the mayor with the approval of the city council which hears matters pertaining to buildings and structures relative to the Uniform Building Code.

Circulation master plan means the plan for streets and thoroughfares which has been adopted and approved by the city council, together with any approved revisions or modifications thereof.

City attorney means the city attorney, acting either directly or through properly authorized agents acting within the scope of the particular duties entrusted to them.

City engineer means the city engineer, acting either directly or through properly authorized agents acting within the scope of the particular duties entrusted to them.

County means the County of San Bernardino, and when used to modify an officer, office or department shall mean that officer, office or department of the county and shall include properly authorized agents o f that officer, office or department acting within the scope of the particular duties entrusted to them.

Development advisory board means a board composed of various city departments, county agencies and other autonomous agencies which reviews projects for consistency with adopted codes and standards and makes recommendations to the planning commission.”
General plan means the general plan of the city providing goals, objectives and policies for the longterm orderly development of the city.

Notice of official filing means a written notice issued by the planning department indicating that a project has received environmental clearance and is now considered as officially filed providing that all submittal requirements have been met.

Owner means the person having sufficient proprietary interest in the land to be subdivided to commence and maintain proceedings to subdivide the land under this article.
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Public improvements includes streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flo od control or storm drain facilities, sewer facilities, water facilities, lighting facilities and traffic controls, including traffic control devices and traffic control signals.

Specific plan means a detailed plan which reviews economic, environmental and design impacts of development within a specific area and sets forth goals, objectives, policies and regulations for the development of that specific area.

Subdivider means any person commencing proceedings under this article to effect a subdivision of land under this article for himself or for another.

Subdivision means the division, by any subdivider, of any unit of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, f or the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or rail road rights-of-way. The word "subdivision" includes a condominium project as defined in Civil Code § 1350, a community apartment project as defined in Business and Professions Code § 11004, or the conversion of five or more existing dwelling units to a sto ck cooperative as defined in Business and Professions Code § 11003.2.

Vesting tentative tract or parcel map means a tentative tract or parcel map which, if approved, allows development in substantial compliance with the ordinances, policies and standards i n effect at the time a notice of official filing is issued by the planning department in conformance with the state Subdivision Act.

2. Chapter 26, Article II – Tract Maps - Division 2 . – Tentative Tract Map Requirements, Section 26 -52 – Application is hereby restated and amended as follows:

Sec. 26-52. - Application.
(a) All subdividers requesting approval of tentative tract maps shall file with the planning department a tentative tract map application in form, format and content as established by ordinance and resolution of the city council. The application shall be subject to the provisions of chapter 30, article XVI. (b) At least one copy of the map shall be forwarded to each of the following agencies and departments, which shall have 21 calendar days afte r receipt thereof to comment or make recommendations with respect to the subdivision:
(1) Each government agency entitled by law to review and recommend thereon.
(2) The district engineer of the division of highways of the state, as provided by Business and Professions Code § 11528.1.
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(3) The affected school districts which are not members of the development advisory board.
(4) Publicly and privately owned utilities serving the area. (c) At least one copy of the map shall be forwarded to each of the followi ng entities members of the development advisory board:
(1) The building and safety department.
(2) The Central Valley Fire District.
(3) The Fontana Unified School District.
(4) The parks and recreation department.
(5) The police department.
(6) The public works and engineering department.

The development advisory board shall review the map and forward a recommendation with appropriate conditions to the planning commission within the processing time limits prescribed by section 30-1365.

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CHAPTER 30 - ZONING AND DEVELOPMENT CODE

1. Chapter 30, Zoning and Development Code, Article I. – Provisions and Definitions is hereby restated and amended as follows:

Sec. 30-1. Purpose.

This article establishes official land use zoning regulations and design guidelines. The zoning districts and regulations set forth in this article are consistent with the goals and policies of the general plan and are designed to:
(1) Encourage the most appropriate use of land and ensure compatibility between uses;
(2) Provide open space for light, air, and the preservation of resources; (3) Facilitate the timely provision of adequate infrastructure and community facilities;
(4) Promote excellent architectural design; and
(5) Promote health, safety, and general welfare of the residents and visitors of the City.

Sec. 30-2. Minimum requirements.

The interpretation and application of the provisions of this article shall be the minimum requirements for the promotion of public health, safety, and welfare. It is not the intent of this article to limit standards to minimums.

Sec. 30-3. Greater or conflicting provisions.

Where any provision of this article imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by any other provisions of the Municipal Code, law, ordinance, restrictive covenant, or easement, this article shall govern.

Sec. 30-3.1 Public Projects.

Notwithstanding any other lawful exemptions to zoning regulations, the provisions of this title, shall not apply to any development standards or entitlement processes any buildings, improvements, lots, or premises, owned, leased, operated or controlled by the City or any City Project for public purpose by the City of Fontana. Such projects would still require discretionary review by the City. 17312

2. Chapter 30, Article II. - Division 4. - Hearing Bodies and Notification is hereby restated and amended as follows:

Section 30-22. – Hearing bodies.

The following three hearing bodies shall make decisions on the various procedures provided for in this Development Code. All hearing bodies shall be responsible for the hearings indicated in Table No. 30-22.

Decisions of any “reviewing body” may be appealed to the City Council, except where State law limits such appeal to the City Engineer. If the Plan ning Commission is listed above as the “appeal body,” the Commission must first review an appeal before it may be forwarded to the City Council for consideration.

DAB—Development Advisory Board—Recommending body
DCD—Director of Community Development—Approval body
PC—Planning Commission—Approval body
CC—City Council—Approval body
PR—Parks, Community, and Human Services Commission —
Recommending body
X- Indicates the reviewing and/or the approval body
a—Indicates that the reviewing body is to provide a recommendation to the City Council
b—Indicates that the reviewing body is to provide a recommendation to the Planning Commission
Table No. 30-22

Reviewing Bodies Appeal Body
Project Type DAB DCD PR PC CC PC CC
Administrative Site Plan, Amendment

X X X
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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

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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
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
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Time Extension, Parcel Map
X
Time Extension, Tract Map

X X
Time Extension, Projects

X X X
Development Code and Zoning District
Map, Amendment
X Xa X

3. Chapter 30, Article II. Division 4. – Hearing Bodies and Notification is hereby restated and amended as follows:

Section 30-24. – Posting.
(a) City initiated projects . If a notice of public hearing for a City initiated general plan amendment, specific plan, zone change, design review, and tentative tract or any other application affecting a specific property or properties exceeding 20 acres and/or would result in the mailing or delivering of more than 1,000 notices, the notice of public hearing shall also either be:
(1) Published in at least one newspaper of general circulation in the City no less than one time and no less than ten days prior to the date of the hearing; or
(2) Posted at least ten days prior to the hearing in at least three public places in the City, including one public place in the area directly affected by the proceeding.
(b) Applicant initiated projects . Notice of public hearing for applicant - initiated projects affecting a specific property shall also be made by a posting on the site (by the applicant) in a conspicuous location no longer than ten days after the initial Development Advisory Board (DAB) review. (1) A four -foot by eight -foot sign or signs shall be required to be posted at the project site. Daycare notification may be a two by two banner visible from the right-of-way. The purpose of the sign notice requirement is to notify the community and the neighbors in the affected area early in the review process, allowing the applicant and the City the benefit of citizens' comments during the initial stag e of project review. A cash deposit to the City is required to ensure compliance with the notification requirements including removal of 21316

the notification sign. The project application shall not be deemed complete until the large sign is installed.
(2) Sign criteria. In order to implement the signs as an effective form of public notification, the following rules and standards shall apply. a. Sign size and specification. All sign(s) shall be four feet by eight feet in size and be constructed to the specificat ions determined by the Planning Division. The specific project information text on the sign shall be provided by the Planning Division.
b. Location and installation standards. All sign(s) shall be installed according to the specifications determined by the Planning Division. The signs shall be posted on each street frontage. Additional signs may be required as determined by the Planning Division.
c. Sign removal and maintenance. All sign(s) shall be
maintained and remain in place until the final decision on the application has been made or the application has been
withdrawn. All sign(s) shall be removed by the applicant after 15 days of the final decision or date of withdrawal. Failure to remove the sign(s) within the prescribed period may result in forfeiture of the cash deposit.

4. Chapter 30, Article II. Division 6 – General Plan Amendment is hereby restated and amended as follows:

Section 30-33 – Pre-application meeting.

Prior to the filing of an application for a general plan amendment, the applicant or the applicant's representative shall apply for a pre-application review by City staff. meeting application. The pre -application meeting is presented to the Development Advisory Board for recommendation for the project. The Staff recommendations should be incorporated into the project prior to filing the formal application.

5. Chapter 30, Article II. – Administrative Procedures - Division 4. – Hearing Bodies and Notification , Section 30 -35 “Development Advisory Board (DAB) review is hereby deleted and amended to read as follows:

Section 30-35 – Reserved.

6. Chapter 30 , Article II. Division 8. - Area Plan and Area Plan Amendment , Subdivision I. Area Plan is hereby restated, amended, and renumbered as follows:

Sec. 30-49. - Submission requirements.
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A proposal for an area plan shall be processed upon the application of the property owner(s), subject to the following provisions:
(1) Submission of a preliminary application and area plan for review by the Development Advisory Board.
(1) Submission of a formal area plan and related material as required on the application form for review and recommendation by the Planning Commission and final decision by the City Council.
(2) Submission of a conditional use permit and design review applications.

7. Chapter 30, A rticle II. Division 8. - Area Plan and Area Plan Amendment, Subdivision I . – Area Plan, Section 30 -51 is is hereby deleted in entirety and amended to read as follows:

Section 30-51. – Pre-application meeting for area plan.

Prior to the filing of an application for an area plan, the applicant or the applicant's representative shall hold apply for a pre-application review by City staff. meeting application. The pre -application meeting is presented to the Development Advisory Board for recommendation for the project.

The recommendation should be incorporated into the project prior to filing the formal application.

8. Chapter 30, Article II. – Division 8. - Area Plan and Area Plan Amendment, Subdivision I. – Area, Section 30-54 “Development Advisory Board (DAB) Review” is hereby deleted and amended to read as follows:

Section 30-54 – Reserved.

9. Chapter 30, Article II. Division 8. - Area Plan and Area Plan Amendment, Subdivision II. – Area Plan Amendments, Section 30-60 – Pre-application meeting for area plan is hereby restated and amended as follows:

Section 30-60 – Pre-application meeting for area plan.

(a) Prior to the filing of an application for an area plan amendment, the applicant or the applicant's representative shall apply for a pre-application review by City staff. meeting application. The pre -application meeting is presented to the Development Advisory Board for recommendation for the project. The recommendation should be incorporated into the project prior to filing the formal application.

(b) Following the preliminary consultation of the applicant and City staff, The Director of Community Development Planning will determine when the 23318

conceptual project will be submitted to the Planning Commission for a workshop. The presentation to the Planning Commission shall be an informal presentation for informative purposes only and is only intended to obtain Planning Commission comments on the proposed project. The applicant shall not receive any rights or entitlements pursuant to this informal review procedure and the Planning Commission shall not be bound by their comments. The Planning Commission or City Council may request changes to the project when it is formally presented for their consideration even if those changes differ from the Planning Commission comments and requests made during the informal review procedure.

10. Chapter 30, Article II. – Administrative Procedures – Division 8. - Area Plan and Area Plan Amendment, Subdivision II. – Area Plan Amendments, Section 30-62 – Development Advisory Board (DAB) is hereby deleted and amended to read as follows:

Section 30-62 – Reserved.

11. Chapter 30, Article II. Division 9. – Specific Plan Amendment, Section 30-68. – Pre-application meeting is hereby restated and amended as follows:

Sec. 30-68. - Pre-application meeting.

Prior to the filing of an application for an amendment to a specific plan, the applicant or the applicant's representative shall apply for a pre-application review by City staff . meeting application. The pre -application meeting is presented to the Development Advisory Board for recommendation for the project. The recommendation should be incorporated into the project prior to filing the formal application.

12. Chapter 30, Article II. Division 9. – Specific Plan Amendment, Section 30-70. – Development Advisory Board (DAB) review is hereby deleted and amended to read as follows:

Sec. 30-70. – Reserved.

13. Chapter 30, Article II, Division 10. – Administrative Site Plan, Major, Minor, Amendment, and Modification, Subdivision I. – Administrative Site Plan – Major, Section 30-76 – Authority is hereby restated and amended as follows:

Sec. 30-76. - Authority.

The Director of Community Development Planning or designee is authorized to approve or deny administrative site plan, major, minor, modifications and amendment review applications , upon review of the Development Advisory Board comments , and to impose reasonable conditions upon such approval. Conditions may include, but shall not be 24319

limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosi on control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of lan dscaping and other improvements; establishment of development schedules or time limits for performance or completion.

14. Chapter 30, Article II. Division 10 . – Administrative Site Plan, Major, Minor, Amendment, and Modification, Subdivision I. – Administrative Site Plan – Major, Section 30-78 is hereby restated and amended to read as follows:

Sec. 30-78. – Pre-application meeting.

Prior to the filing of an application for an administrative site plan, major, the applicant or the applicant's representative shall apply for a pre-application review by City staff. meeting application. The pre -application meeting is presented to the Development Advisory Board for recommendation for the project. The recommendation should be incorporated into the project prior to filing the formal application.

15. Chapter 30, Article II. Division 10 . – Administrative Site Plan, Major, Minor, Amendment, and Modification, Subdivision II. – Administrative Site Plan – Minor, Section 30-88. – Pre-application meeting is hereby restated and amended as follows:

Sec. 30-88. - Pre-application meeting.

Prior to the filing of an application for an administrative site plan, minor, the applicant or the applicant's representative shall apply for a pre-application review by City staff. meeting application. The pre -application meeting is presented to the Development Advisory Board for recommendation for the project. The recommendation should be incorporated into the project prior to filing the formal application.

16. Chapter 30, Article II. Division 10. – Administrative Site Plan, Major, Minor, Amendment, and Modification, Subdivision II. – Administrative Site Plan – Minor, Section 30-90. – Development Advisory Board (DAB) review is hereby deleted and amended to read as follows:

Sec. 30-90. – Reserved.

17. Chapter 30 , Article II. Division 10 . – Administrative Site Plan, Major, Minor, Amendment, and Modification, Subdivision III. – Administrative Site Plan – Amendment, Section 30-97 is hereby restated and amended as follows:

Sec. 30-97. - Authority.
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The Director of Community Development Planning or designee is authorized to approve or deny administrative site plan, amendment review applications, upon review of the Development Advisory Board comments, and to impose reasonable conditions upon such approval. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosi on control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of lan dscaping and other improvements; establishment of development schedules or time limits for performance or completion.”

18. Chapter 30, Article II. Division 10 , Subdivision III. Administrative Site Plan Amendment, Section 30-98 “Pre-application meeting ” is here by restated and amended as follows:

Sec. 30-98. - Pre-application meeting.

Prior to the filing of an application for an administrative site plan, amendment, the applicant or the applicant's representative shall apply for a pre -application review by City staff. meeting application. The pre - application meeting is presented to the Development Advisory Board for recommendation for the project. The recommendation should be incorporated into the project prior to filing the formal application. Projects determined minor in nature may be waived of this process by the Director of Community Development.

19. Chapter 30, Article II. Division 10. Subdivision III., Administrative Site Plan Amendment, 30-100. – “Development Advisory Board (DAB) review ” is hereby deleted and amended to read as follows:

Sec. 30-100 – Reserved.

20. Chapter 30, Article II. Division 10 . Subdivision IV., Administrative Site Plan Modification, Section 30 -107 “Authority”, is hereby restated and amended as follows
Sec. 30-107. - Authority.

The Director of Community Development Planning or designee is authorized to approve or deny administrative site plan, modification review applications, upon review of the Development Advisory Board comments, and to impose reasonable conditions upon such approval. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping an d erosion control measures; requirements for street improvements and dedications, regulation of 26321

vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion.”

21. Chapter 30, Article II. Division 10 . Subdivision IV. Administrative Site Plan Modification, Section 30 -108 “Pre-application meeti ng” is hereby restated and amended as follows:

Sec. 30-108. - Pre-application meeting.

Prior to the filing of an application for an administrative site plan, modification, the applicant or the applicant's representative shall apply for a pre -application review by City staff. meeting application. The pre - application meeting is presented to the Development Advisory Board for recommendation for the project. The recommendation should be incorporated into the project prior to filing the formal application. Pro jects determined minor in nature may be waived of this process by the Director of Community Development .

22. Chapter 30, Article II. Division 10. Subdivision IV. Administrative Site Plan Modification, Section 30-110. “Development Advisory Board (DAB) review ” is hereby deleted and amended to read as follows:

Sec. 30-110 – Reserved.

23. Chapter 30, Article II. Division 11. – Design, Review, Amendment, an d Modification, Subdivision I. Design Review, Section 30 -117 – Pre-application meeting is hereby restated and amended as follows:

Sec. 30-117. - Pre-application meeting.

Prior to the filing of an application for a design review, the applicant or the applicant's representative shall apply for a pre-application review by City staff. meeting application. The pre -application meeting is presented to the Development Advisory Board for recommendation for the project. The recommendation should be incorporated into the project prior to filing the formal application .

24. Chapter 30, Article II. Division 11 , Subdivision I. Design Review, Section 30-119. “Development Advisory Board (DAB) review ” is hereby deleted and amended to read as follows:

Sec. 30-119 – Reserved.

25. Chapter 30, Article II. Division 11, Subdivision II. Design Review Amendment, Section 30-126 is hereby restated and amended as follows:
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Sec. 30-126. - Pre-application meeting.

Prior to the filing of an application for a design review, amendment, the applicant or the applicant's representative shall apply for a pre-application review by City staff . meeting application. The pre -application meeting is presented to the Development Advisory Board for recommendation for the project. The recommendation should be incorporated into the project prior to filing the formal application .

26. Chapter 30, Article II. Division 11. Subdivision II. Design Review Amendment, Pre- application meeting Section 30-128, “Development Advisory Board (DAB) review” is hereby deleted and amended to read as follows:

Sec. 30-128 – Reserved.

27. Chapter 30, Article II. – Division 11. Subdivision II. – Design Review - Modification, Section 30 -137. “Pre-application meeting ” is hereby restated and amended as follows:

Sec. 30-137. - Pre-application meeting.

Prior to the filing of an application for a design review, modification, the applicant or the applicant's representative shall apply for pre-application review by City staff. meeting application. The pre -application meeting is presented to the Development Advisory Board for recommendation for the project. The recommendation should be incorporated into the project prior to filing the formal application . Projects determined minor in nature may be waived of this process by the Director of Community Development.

28. Chapter 30, Article II. – Division 11. Subdivision II. – Design Review - Modification, 30-139. – “Development Advisory Board (DAB)” review are hereby deleted in their entirety is hereby deleted and amended to read as follows:

Sec. 30-139 – Reserved.

29. Chapter 30 , Article II. Division 12. – Conditional Use Permit, Amendment, and Modification, Subdivision I. – Conditional Use Permit, Section 30 -146 is hereby restated and amended as follows:

Sec. 30-146. - Authority.

The Planning Commission is authorized to appr ove or deny applications for conditional use permit, upon review of the Development Advisory Board comments, and to impose conditions upon such approval.

30. Chapter 30, Article II. Division 12. Subdivision I. Conditional Use Permit, Section 30-147. “Pre-application meeting” is hereby restated and amended as follows:
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Sec. 30-147. - Pre-application meeting.

Prior to the filing of an application for a conditional use permit, the applicant or the applicant's representative shall apply for a pre-application review by City staff. meeting application. The pre -application meeting is presented to the Development Advisory Board for recommendation for the project. The recommendation should be incorporated into the project prior to filing the formal application. Projects determined minor in nature may be waived of this process by the Director of Community Development.

31. Chapter 30, Article II. Division 12. Subdivision I. – Conditional Use Permit, Section 30-149. “Development Advisory Board (DAB) review ” is hereby deleted and amended to read as follows:

Sec. 30-149 – Reserved.

32. Chapter 30, Article II. Division 12, Subdivision I I. Conditional Use Permit - Amendment, Section 30 -157 “ Pre-application meeting ” is hereby restated and amended as follows:

Sec. 30-157 – Pre-application meeting.

Prior to the filing of an application for a conditional use permit amendment, the applicant or the applicant's representative shall apply for a pre- application review by City staff . meeting application. The pre -application meeting is presented to the Development Advisory Board for recommendation for the project. The Staff recommendations should be incorporated into the project prior to filing the formal application. Projects determined minor in nature may be waived of this process by the Director of Community Development Planning.

33. Chapter 30, Article II, Division 12 , Subdivision II. Conditional Use Permit Amendment, Section 30-159, “Development Advisory Board (DAB) review ” is hereby deleted and amended to read as follows:

Sec. 30-159 – Reserved.

34. Chapter 30, Article II, Division 12, Subdivision III, Conditional Use Permit Modification, Section 30 -166 “ Pre-application meeting ” is hereby restated and amended as follows:

Sec. 30-166 – Pre-application meeting.

Prior to the filing of an application for a conditional use permit modification, the applicant or the applicant's representative shall apply for a pre- application review by City staff. meeting application. The pre -application meeting is presented to the Development Advisory Board for recommendation for the project. The recommendation should be 29324

incorporated into the project prior to filing the formal application. Projects determined minor in nature may be waived of this process by the Director of Community Development.

35. Chapter 30, Article II, Division 12, Conditional Use Permit, Amendment, and Modification, Subdivi sion III, Conditional Use Permit , Section 30 --168. “Development Advisory Board (DAB) review ” is hereby deleted and amended to read as follows:

Sec. 30-168 – Reserved.

36. Chapter 30, Article II, Division 13, Minor Use Permit, Section 30 -175. “Pre - application meeting” is hereby restated and amended as follows:

Sec. 30-175 – Pre-application meeting.

Prior to the filing of an application for a minor use permit, the applicant or the applicant's representative shall hold apply for a pre -application conference with the Development Advisory Board review by City staff .

Projects determined minor in nature may be waived of this process by the Director of Community Development.

37. Chapter 30, Article II, Division 13 Minor Use Permit, Section 30-177, “Development Advisory Board (DAB) review” is hereby deleted and amended to read as follows:

Sec. 30-177 – Reserved.

38. Chapter 30, Article II, Division 13, Subdivision II, Minor Use Permits Amendment, Section 30 -186 “ Pre-application meeting ” is hereby restated and amended as follows:

Sec. 30-186 – Pre-application meeting.

Prior to the filing of an application for a minor use permit amendment, the applicant or the applicant's representative shall hold apply for a pre - application conference with the Development Advisory Board review by City staff. Projects determined minor in nature may be waived of this process by the Director of Community Development.

39. Chapter 30, Article II, Division 13, Subdivision II, Minor Use Permits Amendment, Section 30-188 “Development Advisory Board (DAB) review ” is hereby deleted and amended to read as follows:

Sec. 30-188 – Reserved.

40. Chapter 30, Article II. Division 13. – Minor Use Permits, Amendment, and Modification, Subdivision II I. – Minor Use Permits Modification, Section 30 -194 “Pre-application meeting” is hereby restated and amended as follows:
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Sec. 30-194. - Pre-application meeting.

Prior to the filing of an application for a minor use permit modification, the applicant or the applicant's representative shall hold apply for a pre - application conference with the Development Advisory Board review by City staff. Projects determined minor in nature may be waived of this process by the Director of Community Development.

41. Chapter 30, Article II, Division 13, Subdivision III. Minor Use Permits Modification, Section 30-196 “Development Advisory Board (DAB) review” is hereby deleted and amended to read as follows:

Sec. 30-196 – Reserved.

42. 30, Article II, Division 14, Subdivision I. Administr ative Variance, Section 30 -204 “Pre-application meeting” is hereby restated and amended as follows:

Sec. 30-204. - Pre-application meeting.

Prior to the filing of an application for an administrative variance, the applicant or the applicant's representative shall hold apply for a pre - application conference with the Development Advisory Board City staff .

Projects determined minor in nature may be waived of this process by the Director of Community Development.

43. Chapter 30, Article II. Division 14, Variance, Subdivision I. Administrative Variance, Section 30-207. “Development Advisory Board (DAB) review ” is hereby deleted and amended to read as follows:

Sec. 30-207 – Reserved.

44. Chapter 30, Article II. Division 14, Subdivision II. Variance, Major, Section 30-214 “Authority” is hereby restated and amended as follows:

Sec. 30-214. - Authority.

The Planning Commission is authorized to approve or deny applications for variance, major, upon review of the Development Advisory Board comments, and to impose conditions upon such approval.

45. Chapter 30, Article II. Division 16. – Park Review, Section 30 -231 – Authority, is hereby restated and amended as follows:

Sec. 30-231. - Authority.

The Parks, Community, and Human Services Commission (PCHSC) is authorized to review and provide comments for parks. The park review shall 31326

be presented to the PCHSC at a regular meeting. during the Development Advisory Board review.

The Planning Commission is authorized to approve or deny applications for park review upon review of the Development Advisory Board and PCHSC, and to impose conditions upon such approval.

46. Chapter 30, Article II, Division 16. Park Review, Section 30 -232 “Pre-application meeting” is hereby restated and amended as follows:

Sec. 30-232. - Pre-application meeting.

Prior to the filing of an application for a park review, the applicant or the applicant's representative shall file apply for a pre -application review meeting application in order to meet with the Director of Planning Community Development and the Development Advisory Board prior to submitted the formal application.

47. Chapter 30, Article II. Division 16. – Park Review, Section 30-234. – Development Advisory Board (DAB) review is hereby deleted and amended to read as follows:

Sec. 30-234 – Reserved.

48. Chapter 30, Article II. Division 17. - California Redemption Value (CRV) Recycling Collection Facility, Section 30-241. – Authority, is hereby restated and amended as follows:

Sec. 30-241. - Authority.

The Director of Community Development Planning or designee is authorized to approve or deny California Redemption Value (CRV) Recycling Collection Facility through the process of minor use permit review applications, upon review of the Development Advisory Board comments, and to impose reasonable conditions upon such approval. Conditions may include, but shall not be limited to, requirements for installation and maintenance of landscaping and erosion control measures; requirements for vehicular ingress, egress, and traffic circulation; regulation of sig ns; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion.

49. Chapter 30, Article II. Division 17. - California Redemption Value (CRV) Recycling Collection Facility, Section 30-246. – Development Advisory Board (DAB) review is hereby deleted and amended to read as follows:

Sec. 30-246 – Reserved.
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50. Chapter 30, Article II. – Administrative Procedures – Division 18. – Temporary Use, Section 30-354. – Authority, is hereby restated and amended as follows:

Sec. 30-254. - Authority.

The Director of Community Development Planning or designee is authorized to approve or deny temporary use applications, upon review of the Development Advisory Board comments, and to impose reasonable conditions upon such approval. Conditions may include, but shall not be limited to, requirements for buffers and/or barriers; requirements for vehicular ingress, egress, and on-site traffic circulation; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or completion.

51. Chapter 30, Article II. Division 21. – Mapping, Tentative Parcel Map, Tentative Tract Map, and Lot Line Adjustment, Subdivision I – Tentative Parcel Map, Section 3-280 ”Authority” is hereby restated and amended as follows:

Sec. 30-280. - Authority.

The Director of Community Development Planning or designee is authorized to approve or deny tentative p arcel map applications, upon review of the Development Advisory Board comments, and to impose reasonable conditions upon such approval.

52. Chapter 30, Article II, Division 21, Subdivision I – Tentative Parcel Map, Section 30-281 “Pre-application meeting” is hereby restated and amended as follows:

Sec. 30-281. - Pre-application meeting.

Prior to the filing of an application for a tentative parcel map application the applicant or the applicant's representative shall apply for a pre-application meeting application review with City Staff. The pre-application meeting is presented to the Development Advisory Board for recommendation for the project. The recommendation should be incorporated into the project prior to filing the formal application.

53. Chapter 30, Arti cle II, Division 21 , Subdivision I – Tentative Parcel Map, Section 30-283 “ Development Advisory Board (DAB) review ” is hereby deleted and amended to read as follows:

Sec. 30-283 – Reserved.

54. Chapter 30, Article II, Division 21. Subdivision II – Tentative Tract Map, Section 3- 290. “Authority” is hereby restated and amended as follows:

Sec. 30-290. - Authority.
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The Planning Commission is authorized to approve or deny applications for design review, upon review of the Development Advisory Board comments, and to impose conditions upon such approval. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; re quirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion.

55. Chapter 30, Article II. Division 21 2. Subdivision II – Tentative Tract Map, Section 3-292, “ Development A dvisory Board (DAB) review ” is hereby deleted and amended to read as follows:

Sec. 30-292 – Reserved.

56. Chapter 30 , Article II. Division 22. – Time Extension, Mapping and Project, Subdivision II – Time Extension - Tentative Tract Maps, Section 3-310. “Authority”, is hereby restated and amended as follows:

Sec. 30-310. - Authority.

The Planning Commission is authorized to approve or deny applications for time extension for tentative tract maps upon review of the Development Advisory Board comments, and to impose conditions upon such approval.

57. Chapter 30, Article II, Division 24 Planned Unit Development (PUD), Section 30 - 328 “Pre-application meeting” is hereby restated and amended as follows:

Sec. 30-328. - Pre-application meeting.

Prior to the filing of an application for a planned unit development, the applicant or the applicant's representative shall apply for a pre-application review with City staff. meeting application. The pre-application meeting is presented to the Development Advisory Board for re commendation for the project. The recommendation should be incorporated into the project prior to filing the formal application

58. Chapter 30, Article II. Division 24. – Planned Unit Development (PUD), Section 30- 330. – Development Advisory Board (DAB) review is hereby deleted and amended to read as follows:

Sec. 30-330 – Reserved.

59. Chapter 30, Article II. Division 25. – Density Bonus, Section 30-343, Development Advisory Board (DAB) review is hereby deleted and amended to read as follows:
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Sec. 30-343 – Reserved.

60. Chapter 30, Article II, Division 27 Non-Conforming Structures, Section 30 -353, “Special exemption to permit incremental improvements to nonconforming buildings, structures, and sites with administrative s ite plan approval ” is hereby restated, renumbered, and amended as follows:

Sec. 30-353. - Special exemption to permit incremental improvements to nonconforming buildings, structures, and sites with administrative site plan approval.
(a) Notwithstanding any other provisions of Division 10 of this article herein to the contrary, the Director of Community Development Planning may permit the following limited improvements to be made to an existing nonconforming building, structure or site without the requirement that the building, structure and/or site be improved to current Development Code standards:
(1) Additions to existing co mmercial and/or industrial buildings or structures that do not exceed ten percent of the total square footage of the existing building or structure, provided said additions meet the fire protection requirements of Chapter 11 of the City Code;

(2) Paving, repaving or realignment of parking lots and areas, provided that the number of parking spaces is not reduced to less than currently existing and provided that all applicable drainage, storm water (NPDES), and similar requirements are met;

(3) Alteration of the exterior of an existing building or structure;

(4) Installation of new landscaping or alteration of existing landscaping, provided that the amount of landscaping is not reduced to less than currently existing unless the Director of Community Development Planning further finds that other improvements approved under this section require a reduction in the landscaping. Any allowed reduction in landscaping shall be the minimum required to permit the improvements to be constructed.

(b) Any person seeking a special exemption under this section shall submit a completed administrative site plan application to the Community Development Planning Department in a manner prescribed by the Director of Community Development Planning and shall pay any applicable fees.
(c) Applications under this section shall be processed as prescribed in Division 3 of Article III of Chapter 30 of this Code (administrative site plan review), except for the following:
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(1) At the option of the Director of Community Development, the application may (but is not required to) be reviewed by the Development Advisory Board prior to a decision by the Director of Community Development;
(2) Notice required by Division 4 of this article shall be provided, however, it shall be sent ten calendar days prior to the decision by the Director of Community Development.
(c) Notwithstanding Division 10 of this article herein, the Director of Community Development Planning shall make the following findings before granting approval of the exemption and the administrative site plan application:
(1) All of the existing building(s), structures(s) and uses on the site are pre- existing and legal nonconforming, and are not illegal or unpermitted; (2) The improvement(s) subject to the exemption support(s) a pre-existing legal nonconforming building, structure and/or use already on the site; (3) The exemption will provide an incremental improvement to the building, structure or use on the site in furtherance of the requirements of Chapter 30 of this Code;
(4) The improvement(s) subject to the exemption will not, physically, legally, or otherwise, preclude the building(s), structure(s) or the site to come into compliance with current Development Code standards at a future date;
(5) Granting the exemption will not substantially expand or intensify the existing or anticipated use of the building(s) and/or the site; (6) Granting the exemption will not be contrary to the goals of the City's general plan or any applicable specific plan; and
(7) Granting the exemption will not otherwise be deleterious to the public health, safety and welfare.
(d) The Director of Community Development Planning is authorized to impose such reasonable conditions upon an exemption in order to protect the health, safety and welfare of the surrounding area. (e) Except as expressly set forth herein, the benefits of this section shall not abrogate, extend, expand or otherwise alter the provisions of this Division 22 and shall not eliminate or extend pre-existing legal nonconforming rights, or create them where they do not otherwise exist. (f) The benefits of this section shall apply only to complete applications, as provided for in subsection (b), which have been submitted to the Community Development Planning Department within a period of two years following the effective date of this section. Any exemptions requested after said two-year period must be sought pursuant to Section 30-85.

61. Chapter 30, Article IX. Division 5. – Auto Center Overlay District, Section 30-643. – Minimum development standards, is hereby restated, renumbered, and amended as follows:
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Sec. 30-643. - Minimum development standards.

The minimum site development standards listed in this section shall only apply to the specific planning area within the overlay district. (1) Planning area 1—Auto center development standards.
a. Building and parking setbacks.

1. All buildings and parking, except for vehicle display pads and allowed monument signs, shall be setback from all street property lines as follows:

Sierra Avenue: 25 Feet
Citrus Avenue: 20 Feet
South Highland Avenue: 15 Feet
Secondary Streets: 10 Feet
Collector Streets: 10 Feet
Local Streets: 10 Feet

2.Vehicle display pads shall have no required setback and shall be allowed to encroach into the landscape setback.

Adequate site distance must be demonstrated at street
intersections and driveway entrances for each vehicle display pad. Display pads shall not exceed 14 inches in height as measured from the sidewalk grade.

3.Monument signs are required to be set back a minimum of five feet from the street property line.
b. Building height.

1.Buildings and other structures shall not exceed a maximum of 60 feet in height as measured from the top of curb located adjacent to the street property line to the highest building ridge.
c. Lot coverage.

1.No more than 50 percent of the net lot area may be covered with buildings or other structures.
d. Off-street parking and circulation.
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1.Required off-street parking spaces for vehicle dealerships shall be provided at the following ratios:

Show Room: One space per 300 square feet.

Service Area: One space per 300 square feet.

Outdoor Display: One space per 2,500 square feet.

Employees: One space per employee on the maximum shift.

Note: Service department parking/stacking is counted and included as required parking spaces.

2. Except for vehicle display pads, all parking spaces shall be a minimum of nine feet wide and 19 feet deep.

3. Drive aisle widths are required to be 26 feet wide, unless otherwise required by the San Bernardino County Fire
Department.

4.Driveway approaches on South Highland Avenue are
required to be 55 feet deep to allow for adequate stacking distance if entry gate s are closed. Driveways must
demonstrate adequate turning movement widths for car
carrier trucks, per the City of Fontana Traffic Engineer. e. Landscaping.

1. All vehicle dealerships shall have a minimum of 15 percent landscaping of the net project site (minus the dealership building footprint). A maximum of seven percent of the
required landscape area can be provided as decorative
hardscape, including vehicle display pads and driveway
approaches.

2.Required setback areas shall be landscaped with trees, shrubs, plants, grasses and hardscape as set forth within the overlay district landscape design guidelines plant palette.

3.There shall be a five -foot landscape setback between abutting auto dealership display areas.
f. Lighting.

1.On-site lighting plans sh all be submitted showing the design, intensity, layout and exact fixture mounting. Lighting 38333

plans shall be reviewed and approved through the required Development Advisory Board (DAB) process.

2.Lighting plans shall be consistent with the lighting design criteria and guidelines set forth within this overlay district.

3.Shielded fixtures shall direct all lighting downward, and shall illuminate areas used for parking and driveways.

4.All exterior areas shall have light standards no taller than 20 feet in height.

5.All lighting fixtures shall be properly shielded to prevent off- site glare. Spot fixtures shall only be downward directed, except at strategic areas such as monument signs and other landscape locations along the project's perimeter.

6.Strings of incan descent fixtures are not allowed in any exterior commercial area.

7.Strings of incandescent fixtures are not allowed in any exterior dealership area.
g. Walls, fences and screening. Walls and fences constructed on an interior lot line, at the rear of the required landscape setback area, or along the 210 Freeway right -of-way shall comply with the development standards set forth herein.

1.Walls shall not exceed eight feet in height, except that within the required building and parking landscaped setback, vehicle pad display areas, walls may not exceed three feet in height.

2.All perimeter walls and fences shall be designed to be consistent with the design guidelines set forth herein.

3.Chain link fencing and all types of barbed wire are
prohibited, except that chain link fencing is allowed during construction for security purposes.

4.The Freeway edge treatment shall consist of eight -foot tall pilasters at 30 feet on center with tubular or wrought iron fencing between pilasters. These pilasters shall be consistent with the design as set forth within the auto center design guidelines.

5.Pilasters located within 90 feet of South Highland Avenue shall also be eight-foot tall at 30 feet on center with tubular or wrought iron fencing between pilasters. These pilasters will 39334

also be covered with flagstone that matches the monument sign flagstone required along South Highland Avenue,
consistent with the design as set forth within the auto center design guidelines.

6. Solid eight-foot tall block walls located within the interior of auto dealerships are permitted, provided they are not visible from the public rights -of-way. Security walls that are visible from public rights-of-way shall consist of solid walls limited to three feet in height with pilasters on top that are limited to five feet in height (eight feet total height) and tubular or wrought iron fencing between pilasters.

7. All service, trash and employee parking areas shall be screened from view from all public streets by walls and approved fencing. No storage areas shall be visible from any public right-of-way, including the 210 Freeway.

8.Roof mounted mechanical equipment shall be screened and not be visible from any public rights-of-way, including the 210 Freeway. Roof mounted equipment screening techniques
shall involve an integrated architectural design element which is compatible with the architectural design of the dealership building.

9. Solid block walls eight feet tall are required on the property line adjacent to A.B. Miller High School and Warren Ruble Middle School.
h. Sound attenuation.

1. All air compressor exhaust stacks shall contain noise -muffling devices.

2. Exterior loud speakers shall not be mounted higher that ten feet above finished grade, and shall be oriented toward the interior of each dealership.
(2) Planning area 2—Auto center supporting uses.
a. Building setbacks.

1. All buildings and parking areas, except for allowed
monument signs, shall be setback from all street property lines as follows:

Sierra Avenue: 25 Feet
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South Highland Avenue: 20 Feet
Mango Avenue: 15 Feet
210 Freeway Right-of-way: 5 Feet

2.Monument signs are required to be set back a minimum of five feet from the street property line, and must comply with site distance traffic standards at all street corners and driveway entrances.
b. Building height.

1.Buildings and other structures shall not exceed a maximum of 60 feet as measured from the top of curb located adjacent to the street property line to the highest building ridge. c. Lot coverage:

1. No more than 50 percent of the net lot area may be covered with buildings or other structures.
d. Off-street parking and circulation.

1. Required off -street parking spaces for retail shall be provided at the ratio set forth in Chapter 30 of the Fontana Municipal Code.

2. All parking spaces shall be a minimum of nine feet wide and 19 feet deep.

3. Drive aisle widths are required to be 26 feet wide unless otherwise required by the San Bernardino County Fire
Department.
e. Landscaping.

1. All retail commercial uses shall have a mini mum of 15 percent landscaping of the net project site (minus the building footprint).

2. Required setback areas shall be landscaped with trees, shrubs, plants, grasses and hardscape as set forth within the overlay district landscape design guidelines plant palette.

3. For projects that are adjacent to the 210 Freeway right -of- way, there shall be a minimum five -foot wide landscape strip planted with trees and shrubs.
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4. Solid block walls adjacent to the 210 Freeway right -of-way are prohibited. The Freeway ed ge treatment shall consist of eight-foot tall pilasters at 30 feet on center with tubular or wrought iron fencing between pilasters. These pilasters shall be consistent with the design as set forth within the auto center design guidelines.
f. Lighting.

1. On-site lighting plans shall be submitted showing the design, intensity, layout and exact fixture mounting. Lighting plans shall be reviewed and approved through the required Development Advisory Board (DAB) review process.

2. Lighting plans shall be consi stent with the lighting design criteria and guidelines set forth within this overlay district.

3. Shielded fixtures shall direct all lighting downward, and shall illuminate areas used for parking and driveways.

4. All exterior areas shall have light standa rds no taller than 20 feet in height.

5. All lighting fixtures shall be properly shielded to prevent off- site glare. Spot fixtures shall only be downward directed, except at strategic areas such as monument signs and other landscape locations along the project's perimeter.

6. Strings of incandescent fixtures are not allowed in any exterior commercial area.
g. Walls, fences and screening. Walls and fences constructed on an interior lot line, at the rear of the required landscape setback area, or along the 21 0 Freeway right -of-way shall be in keeping with the development standards set forth herein.

1.Walls shall not exceed eight feet in height, except that within the required building and parking landscaped setback, walls may not exceed three feet in height.

2.All walls shall be constructed of split face or masonry material that is compatible with the building design.

3.Chain link fencing and all types of barbed wire are
prohibited, except that chain link fencing is allowed during construction for security purposes.
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4. All service and trash enclosure areas shall be screened from view from all public streets by walls and approved fencing, wherever feasible. No storage areas shall be visible from any public right-of-way, including the 210 Freeway.

5. Solid block walls are prohibited. Wall edge treatments shall consist of eight -foot tall pilasters at 30 feet on center with tubular or wrought iron fencing between pilasters. These pilasters shall be consistent with the design as set forth within the auto center design guidelines.

6. Roof mounted mechanical equipment shall be screened
and not be visible from any public rights-of-way, including the 210 Freeway. Roof mounted equipment screening techniques shall involve an integrated architectural design element which is compatible with the architectural design of the commercial building.
h. Sound attenuation.

1. A drive-through lane is not permitted adjacent to any parcel of land that is zoned for residential use.
(3) Planning areas 3 and 4.
a. All minimum site development standards listed in planning areas 1 and 2 apply to planning areas 3 and 4.

62. Chapter 30, Article XII. Division 12. – Administration and Enforcement, Section 30- 781. – Sign variances, is hereby restated, renumbered, and amended as follows:

Sec. 30-781. - Sign variances.
(a) Purpose. The purpose of a sign variance is to provide for deviations from the literal provisions of this article in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual sign under consideration, and to grant such variances only when it is demonstrated that such actions align with the applicability and the findings of this section.
(b) Authority. The Planning Commission is authorized to approve or deny sign variance applications.
(c) Application.
(1) Applications for a sign variance shall be filed with the Planning Division on forms, and accompanied by data, information, and fees as required by the Community Development Planning Department. No application shall be 43338

considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City. (2) At a minimum, the application shall include:
a. A statement that the applicant is the owner of the subject property or an agent thereof;
b. The legal description of the property involved, the proposed use, and site plans;
c. A reference to the specific provisions of this article that are applicable to the requested sign variance; and
d. The specific use and standard for which the sign varia nce is being requested shall be described in detail.
(d) Development Advisory Board Review. All applications for sign variances shall be reviewed by the Development Advisory Board to provide recommendations for the sign. The recommendations should be incorporated into the sign prior to moving forward to the Planning Commission.
(d) Limitation on variances. In no case shall any sign variance be granted that would result in a sign that exceeds the height, size, or setback provisions of this article by 25 percent or that would increase the number of signs permitted by this article by more than 25 percent.
(e) Findings. The following findings are required to be made by the Planning Commission for approval of a sign variance application, with or without conditions:
(1) Variances from the terms of this article shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the article deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits. (2) The characteristics that make compliance with the requirements of this article difficult must be related to th e premises for which the sign variance is sought, not some other location;
(3) The characteristics that make compliance with the requirements of this article difficult must not have been created by the owner of the premises, a previous owner, or the applicant; and
(4) The proposed sign variance will not be harmful or alter the essential character of the area in which the property is located, will not impair an adequate supply of light and air to adjacent property, or unreasonably increase congestion in pu blic streets, or increase the danger of fire or 44339

endanger public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City.
(f) Consistency. Any sign variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties.
(g) Noticing. Notice of hearings for sign variances shall be as set forth in Chapter 30, Article II, Division 4.
(h) Hearing. Upon receipt of a complete application for a sign variance, a time and place for the hearing before the Planning Commission shall be set. (i) Appeal. The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made as set forth in Chapter 30, Article II, Division 5.
(j) Time limitations. Each sign variance granted under the provisions of this article shall become null and void two years after the date of the action approving the sign variance unless:
(1) The cons truction authorized by the sign variance or permit has been commenced within two years after the granting of the sign variance and diligently advanced to completion;
(2) The decision approving a sign variance contains in its findings and conditions specific authority for extending the time limit defined; or (3) The Director of Community Development Planning finds that circumstances beyond the control of the applicant have caused delays which do not permit compliance with the time limits established.

63. Chapter 30, Article XIII. Division 2. – Permit and Application Procedures, Section 30-941 “Processing and hearing procedure”, is hereby restated, renumbered, and amended as follows:

Sec. 30-941. - Processing and hearing procedure.

Upon submittal of a complete application for resource extraction permit and/or resource reclamation plan and filing of all environmental documents and all documents required by the Planning Manager, consideration of the resource extraction permit or resource reclamation plan for the proposed surface mining operation or exempt activity shall be completed pursuant to the following:
(1) The Planning Division shall, within 30 days of receipt of such applications, certify the application requests with regard to completeness in accordance with California Government Code § 65920 et seq. (Permit Streamlining Act). The Planning Division shall process the application(s) in accordance with all requirements of the California Environmental 45340

Quality Act (Public Resources Code § 21000 et seq.) and the City's environmental review guidelines.

(2) Within 30 days of acceptance of an application for resource extraction permit and/or resource reclamation plan as complete, the Planning Division shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the 100- year flood plain of any stream, as shown in Zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency, and within one mi le, upstream or downstream, of any state highway bridge, the Planning Division shall also notify the State Department of Transportation that the application(s) have been received.

(3) Development Advisory Board. Upon deeming the application complete and completing the environmental review procedures, the Planning Division shall forward the application(s) to the Development Advisory Board (DAB). The DAB shall review the plot plan, landscape plans, elevations and any environmental review documents for the i ntended operation. Upon completion of the review, the DAB shall forward its recommendation and recommended approval conditions to the Planning Commission.

(3) Planning Commission review. The Planning Commission shall hold at least one noticed public hearing on the application for resource extraction permit and/or resource reclamation plan. The Planning Division shall prepare a staff report with recommendations for consideration by the Planning Commission. The staff report shall include, but not be limited to, recommendations concerning the following:

a. A statement of the recommended intensity of use;
b. Acceptable accessory uses;
c. The suitability of the extraction and reclamation proposals; and d. Suggested conditions for approval to ensure that th e resource extraction use and related accessory uses may be conducted and reclaimed without creating a public nuisance or otherwise adversely affecting the public welfare.

The staff report may recommend denial of the resource extraction permit and/or resource reclamation plan applications if it is determined that the intent of this article cannot be met by the proposed applications.
(4) Planning Commission approvals.

a. The Planning Commission shall take action approving, conditionally approving or deny ing the resource extraction permit. If a resource extraction permit is being processed concurrently with the resource reclamation plan, the Planning Commission may simultaneously also 46341

conceptually approve the resource extraction permit. However, the Planning Commission may defer action on the resource extraction permit until taking final action on the resource reclamation plan and financial assurances.

b. Prior to final approval of a resource reclamation plan, approval of financial assurances (as provided in this article), or any amendments to a resource reclamation plan or existing financial assurances, the Planning Commission shall:

1. Certify to the State Department of Conservation that the resource reclamation plan and/or financial assurances comply with the applicable requirements of state law, and submit the plan, assurance, or amendments to the State Department of
Conservation for r eview. The Planning Commission may
conceptually approve the resource reclamation plan and any financial assurances before submittal to the State Department of Conservation.

2. If necessary to comply with permit processing deadlines, the Planning Commissi on may conditionally approve the resource extraction permit with a condition that the planning division shall not issue any required subsidiary permits for mining operations, including grading and/or building permits, until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances.

3. Pursuant to Public Resources Code § 2774(d), the State Department of Conservation shall be given 30 days to review and comment on the reclamation plan and 45 days to review and comment on the financial assurances. The Planning Commission shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the Planning Commission's approval. In particular, when the Planning Commission's position is at variance with the recommendations and objections raised in the state's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted.

Copies of any written comments received and responses prepared by the Planning Commission shall be promptly forwarded to the operator/applicant.

c. Once comments are received by the Department of Conservation, and within 30 days of receipt of such comments, the Planning Commission 47342

shall then take action to approve, conditionally approve, or deny the resource extraction pe rmit and/or reclamation plan, and to approve the financial assurances pursuant to Public Resources Code § 2770(d).

d. The decisions of the Planning Commission shall become final unless appealed to the City Council within the time period indicated in Article II, Division 5 of the Fontana Municipal Code.

e. The Planning Division shall forward a copy of each approved Resource extraction permit and/or approved reclamation plan, and a copy of the approved financial assurance to the State Department of Conservation. By July 1 st of each year, the Planning Division shall submit to the State Department of Conservation for each active or idle mining operation a copy of any resource extraction permit or reclamation plan amendments, as applicable, or a statement tha t there have been no changes or amendments during the previous year.

64. Chapter 30, Article III, Division 10. – Public Open Spaces Standards, Sections

30.399 to 30.404 are hereby restated, renumbered, and amended as follows:

DIVISION 10. COMMON AND PUBLIC OPEN SPACE STANDARDS
Sec. 30-399. Purpose.

The purpose of this section is to provide common open spaces and a catalog of pre-approved public open space types that are appropriate to use within walkable urban environments.

Sec. 30-400. Applicability.
(a) This section describes the guidelines for the development of common and public open spaces throughout the Form-Based Code areas. (b) The standards in this section shall apply to all proposed development within the Form-Based Code districts and shall be considered in combination with the standards for the applicable district. (c) Additional public open spaces can be integrated into this section as they are approved by the City of Fontana.

Sec. 30-401. Design objectives.

Common open spaces and public open spaces play an important role in place-making. Their standards must be considered alongside building form, building types, frontage types, and thoroughfares in creating urban 48343

(Supp. No. 5)

environments. The diverse palette of common open spaces, parks and other publicly accessible open spaces are assigned to one or more downtown zones.

Sec. 30-402. Common open space and public open space required.

Each application that involves at least two acres shall be required to provide a minimum of five percent of the project area as either common open space or public open space. The required open space shall be designed in compliance with the applicable requirements from Exhibit 678404.A.—Public Open Space Types.

For development projects that are two acres or more in size that propose only commercial development (no residential uses) or civic development, the Planning Commission shall have the authority to reduce or eliminate the requirements for open space size, type, and location if the following findings are made:
(1) The proposed commercial use(s) is incompatible with a large open space area.
(2) The Police Department recommends the elimination or reduction of the open space requirement.
(3) Eliminating or reducing the open space requirement promotes public health and safety.

Subdividing or phasing the project to separate commercial and residential uses or to reduce lot size to less than two acres shall not eliminate the open space requirement.
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Sec. 30-403. Regulation.
(a) Common open spaces shall be designed within private development projects for patrons of commercial development and residential communities with amenities as required in 30-404 below. (ab) Public open spaces shall be designed as one of the public open space types defined in Exhibit 30-404.A.
(bc) Public open spaces shall include amenities such as seating, lighting, and landscaping.
(cd) Public open spaces shall be built within the development area by developers as development occurs.
(de) At the discretion of the Community Development Planning Director, required open space may be constructed off-site and/or as part of a larger public open space that will be provided by the City or other private developments. Sec. 30-404. General requirements.
(f) Common open spaces shall include an amenity such as a tot lot, outdoor sports recreation area, bar-b-que with picnic tables, or equivalent. This requirement can include paseos connecting the amenity to the rest of the site.
(fg) All public open spaces shall abut public right-of-way or be otherwise connected to public sidewalks and shall be open to the public 24 hours per day. At the discretion of the Community Development Planning Director, public access to a public open space may be restricted after dark. (gh) All public open spaces shall be visible from surrounding streets and masses of shrubs around edges shall be avoided.

Sec. 30-404. General requirements.
(a) All public open spaces shall abut public right-of-way or be otherwise connected to public sidewalks and shall be open to the public 24 hours per day. At the discretion of the Community Development Director, public access to a public open space may be restricted after dark. (b) All public open spaces shall be visible from surrounding streets and masses of shrubs around edges shall be avoided.

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Exhibit 404.A.—Public Open Space Types

Plazas are open
spaces available
for civic purposes
and commercial
activities. Building
frontages should
define these
spaces. Plazas are
typically
hardscaped.

½ acre to 2½ acres

2 streets

Passive
recreation,
accessory
structure, drinking
fountains, and
paths.

An open space
available for
informal activities
in close proximity
to neighborhood
residences.

4,000 sf to ½ acre

1 street

Passive
recreation,
accessory
structure, drinking
fountains, and
paths.

An open space
designed for the
recreation of
children and
interspersed in
residential areas.

May be included in
other open
spaces.

No min. or max.
size

1 street

Accessory
structures,
drinking fountains,
and paths.

An open space
designed as a
grouping of plots
for nearby
residents for small-
scale cultivation.

May be included
within other open
spaces.

No min. or max.
size

1 street

Accessory
structures,
drinking fountains,
and paths.

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65. Chapter 30, Article V, Division 4, Section 30-453 is hereby amended to replace “Medical marijuana dispensaries in Table No. 30-453 as follows:

Table No. 30-453
Uses Permitted Within Mixed Use Development Projects
C. Business and Professional Offices R-4 R-5
Medical marijuana dispensaries Commercial Retail Cannabis Businesses
— —

66. Chapter 30, Article VI, Division 3, Section 30-489 “Uses Permitted” is hereby amended to restate and amend Table No. 30-489 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
Commercial Cannabis Retailer, Storefront Business(with City Permit) 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
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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 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*
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Trailer and Mobile Home Sales and Rental — P* C
Wholesale Auto Sales (requires one stall) C C —
Warehousing Sales, Retail C P* P*
Warehousing Sales, Wholesale — C P*
Business and Professional Offices C-1 C-2 RMU
Administrative and Professional Offices Involving no Retail Trade P P P Art Gallery P P P
Financial Institution P P P
Clinic, Medical or Dental, Acupuncture P P P
Convention Centers — — P
Government Offices P P P
Medical Laboratory — P P
Optician P P P
Pharmacy P P P
Radio/Television Studio (with transmitter) — C C
Studio (without transmitter) P P P
Studios for Professional Work or Teaching of Any Form Of Fine Art P P P Service Establishments C-1 C-2 RMU
Ambulance Service P P P
Animal Hospital M P C
Animal Hospital (w/ Boarding) M —
Assembly/Meeting Hall For, Private Clubs, Religious Services, or Similar Uses

C C C
Automobile Fueling Station C C C
Automobile and Truck Rental, Two-Ton, Single Unit Maximum — C C Automobile/Vehicle Body and Fender Repair Shop — C C Automobile/Vehicle Repair C C C
Automotive Custom Repair (includes lowering and lifting) C C C Automotive Stereo, Alarm and Upholstery Installation C M M Automobile Wash, — M M
Barber Shop or Beauty Parlor P P P
Chemical substance abuse facility C C C
Cleaners P* P* P*
Clothing and Costume Rental Establishment P P P
Community Care Facility C C C
Community Center C C C
Construction Trailer (Temporary Use Permit) P* P* P* Convalescent Hospital M M C
Copying, Packing and Mailing Services P P P
Day Care—Commercial M M M
Day Care—Commercial (24 hour) — C C
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Depot—Bus — P* P*
Depot—Railway, Park-and-Ride — P P
Dressmaker or Millinery Shop P P P
Equipment Rental — P* P*
Fortune-Telling P P P
Hospitals — M M
Hotels — C C
Laundromat, Self Service P P P
Locksmith P P P
Machine Shop — C C
Masseur or Masseuse, Day Spa, Acupressure — C C
Self-Storage Facility — C C
Mortuaries — C C
Library P P P
Museums P P P
Motel — C C
Music and Vocal Instruction P P P
Nightclub — C C
Nursing Home M M C
Parks P P P
Photographer P P P
Pick-Up Truck Rated Over One Ton (carrying weight), Commercial Truck or Van, or Trailer Rental
— C C
Picture Framing Store P P P
Post office M M M
Printer, Blueprint Shop — P P
Private Schools C C C
Public Utility Structures and Facilities M M M
Publishing Establishments — P P
Repair Shop for Household Appliances P P P
Schools Such as Business Colleges, Music Conservatories, Dancing Schools, and Other Schools That Offer Training In Non -Industrial Professions

P P P
Stenographic Services P P P
Swimming Pool, Commercial P P P
Sign Shop in Enclosed Structure — P P
Tailor P P P
Telephone Answering Service or Exchange P P P
Ticket Agency, Travel Bureau P P P
Tire Shop — C C
Truck Repair Service — — —
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Truck Storage Yard — — —
Upholstery Shop — P P
Wedding Chapel P P P
Amusement Establishments C-1 C-2 RMU
Amusement Enterprise for Children Including Pony Rides (No Stables), Merry -Go-Round, and The Like When Incidental To A Permitted Use

P P P
Amusement Park — C C
Arcades—Pinball, Video, and the Like — C C
Archery Range — C C
Baseball; Batting Range — C C
Bowling Alley C C C
Boxing Arena — C C
Dance Hall — C C
Entertainment Centers C C C
Golf, Driving Range, Miniature, Pitch and Putt — C C Gymnasiums, Health Spas, or Physical Culture Establishments Under 4,000 Square Feet in Floor Area

P P P
Gymnasiums, Health Spas, or Physical Culture Establishments Over 4,000 Square Feet in Floor Area

C C C
Pool Hall, Billiard Center C C C
Skating Rink, Roller or Ice C C C
Smoking Lounge, Hookah Lounge, Vapor Lounge, E-Lounge (allowed only as a secondary use to a full-service restaurant)

C C C
Theater, Indoor C C C
Indoor Playground/Recreation P P P
Residential Uses C-1 C-2 RMU
Senior Housing M M M
Multiple-Family Dwellings with an Area Plan C
Other Uses C-1 C-2 RMU
Animal Kennel — C C
Animals, Small—Keeping and Raising P* P* P*
Antenna, Transmitting C C C
Cemetery and Related Uses — M C
Construction Trailer P* P* P*
Home Occupation P* P* P*
Homeless Shelters — — —
Emergency Shelter Subject to the activation of an Emergency Operation Center

P P P
Metal Storage Containers (temporary storage only with a temporary use permit)
P* P* P*
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Museum and Art Galleries — M M
Parking Lots (not related to use on same property) — P P Parking Structures — P P
Research and Development — P P

67. Chapter 30 is hereby amended to add Article XV “No Net Loss Program” as follows:

ARTICLE XV - NO NET LOSS PROGRAM

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 Legis lature 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 exi sting 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/Transfer 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.
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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 resident ial 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 of Fontana.

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 concur rently 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)

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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 (transferred) 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 applicab le 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 numb er 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.

i. 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.

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

D. A Density Bonus/Transfer 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. The number of units available is expected to change periodically and, as such, any information contained on the City’s website or any other published source shall be considered draft for informational purposes only. Confirmation of the number of units available shall be made upon submittal of a development application, including the payment of appropriate fees

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Sec. 30-968 - Types of Bonuses Allowed.

A. Density Bonu s. 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 a density bonus transfer application in conjunction with the permit and entitlement application submittal package required for the project.

A density bonus transfer application pursuant to this Chapter shall be processed along with the application for development. The process for obtaining preliminary approval of the Density Bonus Transfer Agreement, shall be as follows:

a. Filing. An applicant proposing a Housing Development pursuant to this chapter shall submit a concurrent application for a Density Bonus Transfer 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:
b. A general description of the proposed project, general plan description, applicable zoning, maximum possible density permitted under th e current zoning and general plan
description and such other information as is necessary. 60355
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c. A calculation of the density bonus allowed pursuant to this division.
d. A statement detailing the number of density bonus units being proposed over and above the number of units normally
permitted by the applicable zoning and general plan
description.
e. City review of and action on the applicant's proposal for a density bonus shall occur concurrently with the processing of any other required entitlements, if any. The fact that another required entitlement might be subject to discretionary
approval does not subject the application for a density bonus/transfer under this section to discretionary approval; they will merely be processed at the same time.

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

A. The terms of the draft density bonus/transfer agreement (Agreement) shall be reviewed and revised as appropriate by the Director of Planning and the City Attorney for final approval.

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

1. The total number of units, both permitted and available through the density bonus/transfer, proposed within the Housing Development;

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

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

Sec. 30-972 - Implementation.

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

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

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CHAPTER 33 – CANNABIS BUSINESS AND ACTIVITIES

1. Chapter 33 , Section 30 -7 “Maximum Number of Commercial Cannabis Businesses Authorized and Designated Locations; Application Process ”, is hereby restated and amended as follows:

Sec. 33.-7– Maximum Number of Commercial Cannabis Businesses Authorized and Designated Locations; Application Process.

1. The maximum number of Commercial Cannabis Permits that may be issued in the City is three (3). One may be issued for the North Area, one may be issued for the Central Area and one may be issued for the South Area based on the boundaries of the Commercial Cannabis Map approved by the City Council concurrently with the adoption of this Chapter. An Applicant will be approved for no more than one (1) Commercial Cannabis Permit within the City.

1. The process for issuing Commercial Cannabis Permits to qualified cannabis businesses is meant to result in qualified businesses that will operate in accordance with state and local law, be successful, contribute positively to the community and local economy, and avoid secondary adverse impacts. Toward that objective, the application process includes these five four phases:
(1) PHASE ONE: Application submittal. This includes submitted complete information, completed Livescan and background check information (state and federal database) of all Responsible Persons, processing fees, conceptual renderings and location identification.
(2) PHASE TWO: Initial scoring of application by a qualified third party. (3) PHASE THREE: Interview process.
(4) PHASE FOUR: Final scoring, and, if permits available, permit issuance.

2. Chapter 33, Section 30-8 “Initial Commercial Cannabis Permit Application and Scoring”, is hereby restated and amended as follows:

Sec. 33.-8– Initial Commercial Cannabis Permit Application and Scoring

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(a) The City Manager may establish additional submittal requirements for an application for a Commercial Cannabis Permit. The intent of this Chapter is to create a merit -based, competitive evaluation system.

Applications submitted by legal representatives, consultants, partners or investors will not be accepted. The following information shall be included in any application for a Commercial Cannabis Permit:
(1.) Name of Applicant
(2). Business Trade Name (if applicable) of the applicant (3.) Identification of Owner(s) (full name, primary phone number, social security number or individual taxpayer identification number, date and place of birth, email address, and mailing address for the primary owner submitting the Application) (4.) For each person that is an “owner” of the Applicant, (i.) Percentage of interest held in the Applicant entity by each owner;
(ii.) Whether the owner has an ownership or financial
interest, as defined in section 5003 of the
Regulations, in any other Commercial Cannabis
Business licensed under the AUMA or MAUCRSA;
(iii.) A copy of each Responsible Person’s government - issued identification, acceptable forms are a
document issued by a federal, state, county, or
municipal government that includes the name, date of
birth, physical description, and picture of the owner,
such as a driver’s license;
(iv.) A detailed description of the owner’s criminal
convictions, if applicable. A conviction for this
purpose means a plea or guilty verdict of guilt y or a
conviction following a plea of nolo contendere.

Convictions dismissed under Penal Code section
1203.4 or equivalent non -California law must be
disclosed. Convictions dismissed under Health &
Safety Code section 11361.8 or equivalent non -
California l aw must be disclosed. Juvenile
Adjudications and traffic infractions under $300 that
did not involve alcohol, dangerous drugs, or
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controlled substances do not need to be included. For
each conviction, provide: (1) the date of conviction;
(2) dates of incar ceration, if applicable; (3) dates of probation, if applicable; (4) dates of parole, if
applicable; (5) a detailed description of the offense for which the owner was convicted; and (6) a statement
of rehabilitation for each conviction written by the
owner that demonstrates the owner’s fitness for
consideration;
(v.) If applicable, a detailed description of a commercial cannabis license, revocation of a commercial
cannabis license, or sanctions for unlicensed
Commercial Cannabis Activity by a licensing authority
or local agency against the Applicant or a business
entity in which the Applicant was an owner or officer
within the three (3) years immediately preceding the
date of the application;
(vi.) If applicable, a detailed description if the City issued the Applicant a notice or citation for unlicensed
Commercial Cannabis Activity, or if the Applicant was
a defendant in a civil or criminal proceeding filed by
the City or the People of the State of California, for
allowing, causing, or permitting unlicensed
commercial cannabis activities within the City’s
jurisdiction;
(vii.) An attestation of each owner as follows: “Under
penalty of perjury, I hereby declare that the
information contained within and submitted with the
application is complete, true, and accu rate. I
understand that a misrepresentation of fact or
omission may be cause for rejection or denial of this
application, or revocation of any Commercial
Cannabis Permit or any permit, license or approval
issued in reliance thereon.”
(viii.) Authorization letter. “Authorization Letter” is Proof of ownership, lease agreement, or a “Letter of Intent” to
lease premises proposed by Applicant for operation
of a Commercial Cannabis Business, executed with
notarial acknowledgement, by owner of premises. If a
“Letter of Intent” is furnished, no more than one (1)
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Applicant may have a Letter of Intent agreement with
the landlord per address.
(5) Primary Contact: The contact information for the Applicant’s designated primary contact person, including the name, title, phone number, and email address of said individual.
(6) Qualifications and Experience of Applicants and Owners:

The application shall include information concerning any special business or professional qualifications or licenses of the applic ants and owners, and the years of relevant and related experience, that would add to the number or quality of services that facility would provide, or otherwise
demonstrates the Applicants’ and owners’ capacity to
operate a successful commercial cannabis f acility in
compliance with applicable laws and regulations.
(7) Disclosure of Lobbying Activity: If Applicant contracted, employed or in any manner paid or will pay any person for influencing or attempting to influence an elected official, appointed offici al or any employee of the City, shall fully disclose the name of individuals and organization(s)
performing lobbying services.
(8) Description of Operating Procedures: Applications shall include a detailed description of the Applicant’s proposed operating procedures for each commercial cannabis activity, including an explanation for how the business will comply with the operating regulations of this Code and state law.

The application must include copies of any applicable
policies or manuals of the Applicant and address each of the following, if applicable:
(i.) Transportation Procedures: A description of the
procedure for transporting cannabis and cannabis
products, including whether or not the Applicant will
be transporting cannabis or cannabis products or
contracting for transportation services.
(ii.) Inventory Procedures:

1. A description of the Applicant’s procedure for
receiving shipments of inventory;
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2. Where the Applicant’s inventory will be stored
on the premises and how records of the
inventory will be maintained; and

3. Procedure for performing inventory
reconciliation and for ensuring that inventory
records are accurate.
(iii.) Quality Control Procedures:

1. Procedures for preventing the deterioration of
cannabis or cannabis products held by the
Applicant;

2. Procedures for ensuring that cannabis and
cannabis products are properly packaged and
labeled; and

3. Procedure for ensuring that an independent
licensed testing laboratory samples an d
analyzes cannabis and cannabis products held
by the Applicant.
(iv.) Security Procedures: All Applicants shall propose sufficient security measures to deter and prevent the
unauthorized access or entrance into areas
containing cannabis or cannabis produ cts, and to
deter and prevent the theft of cannabis or cannabis
products at the Commercial Cannabis Business
(together a “Security Plan”). The proposed Security
Plan will remain confidential and shall include, but
shall not be limited to, all of the following:

1. Preventing individuals from remaining on the
premises of the Commercial Cannabis
Business if they are not engaging in an
activity directly related to the permitted
operations of the Commercial Cannabis
Business.

2. Establishing limited access areas accessible
only to authorized Commercial Cannabis
Business personnel.
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3. How and where all cannabis and cannabis
products will be stored in a secured and locked
room, safe, or vault. How all cannabis and
cannabis products, will be kept in a manner as
to prevent diversion, theft, and loss.

4. Procedures for installing 24 -hour security
surveillance cameras (CCTV) of at least HD -
quality video with audio to monitor all
entrances and exits to and from the premises,
all interior spaces within the Commercial
Cannabis Business which are open and
accessible to the public, all interior spaces
where cannabis, cash or currency, is being
stored for any period of time on a regular basis
and all interior spa ces where diversion of
cannabis could reasonably occur. Procedures
for how the Applicant will ensure that the
security surveillance camera’s footage is
remotely accessible to law enforcement, and
that it is compatible with the City’s software
and hardware. In addition, procedures on how
remote and real-time, live access to the video
footage from the cameras will be provided to
law enforcement. Procedures for ensuring
video recordings are maintained for a
minimum of sixty (60) calendar days, and
procedures to make them available to law
enforcement upon request. Procedures to
ensure video shall be of sufficient quality for
effective prosecution of any crime found to
have occurred on the site of the Commercial
Cannabis Business.

5. A description of where sensors will be installed
to detect entry and exit from all secure areas.

6. A description of procedures of installing panic
buttons in the premises.

7. Description of having a professionally
installed, maintained, and monitored alarm
system, with the required City alarm permit as
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required by this Fontana City Code Section 14-
391, et seq.

8. A description of the physical security features
and improvements that will be installed on the
exterior and within the interior of the building,
in full compliance with all appli cable Building
and Safety and Fire Code requirements and
any applicable zoning requirements. Use of
wrought iron on any exterior door, window or
opening is prohibited.

9. Procedures on establishing a plan to have
security personnel on -site 24 hours a day, or
alternative security as authorized by the City.

Description or documentation showing that the
proposed security personnel are licensed by
the State of California Bureau of Security and
Investigative Services personnel. Procedure
to submit to the City and the City’s law
enforcement agency the names and contact
information of security personnel, with copies
of state -issued licenses and permits,
government-issued identification form, and
photographs of uniforms and badges.

Acknowledgement from Applicant indic ating
that it shall be responsible for providing this
confirming information to law enforcement,
with updating information within seven (7)
calendar days of a change in security
personnel, agents, or representatives.

10. Procedures on how each Applicant shall have
the capability to remain secure during a power
outage and ensure that all access doors are
not solely controlled by an electronic access
panel to ensure that locks are not released
during a power outage.

11. Identification of a designated security
representative/liaison to the City, who shall be
reasonably available to meet with City staff, as
well as law enforcement regarding any security
related measures or operational issues.
68363
Resolution PC No. 2022-_____

12. A storage and transportation p lan, describing
in detail the procedures for safely and securely
receiving, storing and transporting all
cannabis, cannabis products, including the use
of child -safe cannabis containers, and any
currency.

13. An affirmative commitment that the Applicant
will cooperate with the City whenever the City
Manager, or his or her designee, makes a
request, upon reasonable notice, to inspect or
audit the effectiveness of any Security Plan or
of any other requirement of this subsection.

14. A description and plan of how the Applicant will
notify law enforcement within 24 hours after
discovering any of the following:
a. Significant discrepancies identified
during inventory. The level of
significance shall be determined by the
regulations promulgated by law
enforcement.
b. Diversion, theft, loss, or any criminal
activity involving the Commercial
Cannabis Business or any agent or
employee of the Commercial Cannabis
Business.
c. The loss or unauthorized alteration of
records related to cannabis, registering
qualifying patients, prim ary caregivers,
or employees or agents of the
Commercial Cannabis Business.
d. Any other breach of security.
(9) All applicants shall submit a workforce plan that may include, but is neither limited to, nor required to include, a (1) commitment for local hi res; (2) commitment to offer
apprenticeships and/or compensation for continuing
education in the field; (3) pay a living wage to its employees, and (4) draft collective bargaining agreement with labor 69364
Resolution PC No. 2022-_____

organization that currently represents cannabis workers in the United States.
(10) Seller’s Permit: The Applicant shall provide a valid seller’s permit number issued by the California Department of Tax and Fee Administration, if applicable. If the Applicant has not yet received a seller’s permit, the applican t shall attest that the Applicant is or will before commencing operations, apply for a seller’s permit.
(11) Indemnification Agreement: To the fullest extent permitted by local, state and federal law, the City shall not assume any liability whatsoever wit h respect to having issued a
Commercial Cannabis Permit or otherwise approving the
operation of any Commercial Cannabis Business. As a
condition to the approval of any Commercial Cannabis
Permit, the Applicant is to execute a separate
Indemnification Agree ment prepared by the City that fully indemnifies the City for all liabilities associated with the Commercial Cannabis Permit, the Commercial Cannabis
Permittee's Commercial Cannabis Activities, and any action taken by the Cannabis Permittee. The Indemnific ation
Agreement shall include the defense of the City and
reimbursement of all fees, costs and expenses incurred by the City related to any action arising from the Agreement. (12) Payment of Application Fee: Each Applicant shall pay the applicable fee(s) pursuant to this Chapter.
(13) Each Applicant shall provide the City a Security deposit or bond for code compliance costs. The Security deposit or bond shall be in an amount established by the City Council and shall be provided with the application.
(14) Site identification and conceptual renderings of the interior and exterior of the proposed premises, which shall not be less than 4,000 square feet. Site identification shall include, but not be limited to:
(i.) A complete and detailed site plan of the premises, interior and exterior elevations of the premises, and a map showing the premises’ location within the City.

The site plan and must comply with the following:
70365
Resolution PC No. 2022-_____

1. Shows the boundaries of the property
and the proposed premises to be
utilized, showin g all boundaries,
dimensions, entrances and exits,
interior partitions, walls, rooms,
bathrooms, windows, doorways, and
common or common shared entryways,
and a brief statement of the principal
activity to be conducted therein;

2. Map identifying any instr uction in
kindergarten or any grades 1 through
12, day care, park, Youth and
Recreation Center facilities, City
boundaries and any Commercial
Cannabis Business located within 600
feet of the property lines of the
proposed location. If the proposed
location is not within 600 feet of any
such uses, identify on the map the
closest such use, and the distance in
feet between that use and the property
line of the proposed location;

3. Identifies all commercial cannabis
activities that will take place in each
area of the premises, and identification
of limited access areas;

4. The location of all proposed security
cameras with a number assigned to
each for identification purposes;

5. The diagram shall be clear, legible, and
to scale, and shall not include any
highlighting; and

6. If the proposed premises include only a
portion of a property, the diagram must
be labeled indicating which part of the
property is the proposed premises and
what the remainder will be used for.
71366
Resolution PC No. 2022-_____

(ii) The Commercial Cannabis Permit Application
Evaluator may conduct a site inspection as part of the
review.
(b) Background Check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorizes City authorities to access state and local summary criminal histo ry information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federa l Bureau of Investigation, every Applicant and Responsible Person of the Commercial Cannabis Business must submit fingerprints and other information deemed necessary by the Fontana Police Department, or the City’s law enforcement agency, for a background check. No person shall be issued a permit to operate a Commercial Cannabis Business unless they have first cleared the background check, as determined by the City, Fontana Police Department, or the City’s law enforcement agency as required by this section.
(c) The City Manager may adopt any procedure(s) to supplement the initial application process. The City Manager is authorized to prepare the necessary applications, forms, adopt any necessary rules to the application, regulations and processes, and solici t applications.
(d) Any Applicant whose ’ownership’ includes a person with a past plea or verdict of guilty or a conviction following a plea of nolo contendere for operating a non -licensed cannabis business shall be disqualified from receiving a Commercial Cannabis Permit.

72367

NOTICE OF EXEMPTION

TO: Clerk of the Board of Supervisors
County of San Bernardino
385 N. Arrowhead Avenue, 2nd Floor
San Bernardino, CA 92415-0130
FROM:

City of Fontana
Planning Department
8353 Sierra Avenue
Fontana, CA 92335

Project Title: Master Case No. 22-0110
Municipal Code Amendment No. 22-007

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: Master Case No. 22-110 and Municipal Code Amendment No. 22-007 - Fontana Municipal Code amendment to Chapter 2 (Administration), (Chapters 9 (Environmental Pro tection and Resource Extraction) , Chapter 25 (Streets, Sidewalk, and Other Public Ways), Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development Code), and Chapter 33 (Cannabis Businesses and Activities).

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)
(a) _____ Ministerial project.
(b) _____ Not a project.
(c) _____ Emergency Project.
(d) __X__ 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. (e) _____ Declared Emergency.
(f) _____ Statutory Exemption. State Code section number: _______________________ (g) _____ Other. Explanation: _______________________________________________

5. Reason why project was exempt: This project is a citywide code update to Chapter 2, 9, 25, 26, 30, and 33 of the Fontana Municipal Code. There is no associated development with this project.

6. Contact Person: Salvador Quintanilla, Senior Planner Telephone: (909) 350-6656

Date Received for Filing: __________________________________ DiTanyon Johnson
Principal Planner
(Clerk Stamp Here)

ATTACHMENT NO. 2
73368
ATTACHMENT NO. 3

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 Disabiliti es 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 particip ate in this meeting, please contact the C ity 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 N o. 22-110/Municipal Code Amendment No. 2 2-007: Update to the City of Fontana Municipal Code for amendments to Chapter 2 (Administration), Chapters 9 (Environmental Protection and Resource Extraction ), Chapter 25 (S treets, Sidewalk, and Other Public Ways), Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development Code), and Chapter 3 3 (Cannabis Businesses and Activities ). Chapter 2, Chapter 25, Chapter 26, and Chapter 30 amendments will include removal of the Development Advisory Board (DAB) process. Chapter 9 amendments include a revision to the definition of sensitive receptors.

Additional Chapter 30 amendments include establishment of a process for specific special event venues, modification of park requirements within the F orm Based Code, addition of language for density/replacement units to addre ss Senate Bill 330, and addition of language for the review of City initiated projects . Chapter 33 a mendments will include minor text modifications to the Cannabis Business guidelines. The Planning Commission will review and forward a recommendation to the City Council for the proposed project.

Environmental
Determination:

This project 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 L ocal Guidelines for Implementing CEQA.

Location: Citywide
Date of Hearing: September 20, 2022
74369

Place of Hearing: City Hall Council Chambers, 8353 Sierra Avenue, Fontana, CA, 92335 Time of Hearing: 7 6:00 pm
Should you have any questions concerning this project, please contact Salvador Quintanilla, Senior Planner, at (909) 350-6656 or [email protected].

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO T HE PLANNING COMMISSION. A COPY OF THE A PPLICATION AND ENVIRONMENTAL D OCUMENTATION IS AVAI LABLE FOR INSPECTION . PLEASE CO NTACT 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 SOME ONE ELSE RAISED

AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

Publish:
¼ Page

75370

City of Fontana

Planning Commission

Minutes

Cathline Fort, Chair
Raj Sangha, Vice Chair
ldilio Sanchez, Secretary
Matthew Gordon, Commissioner
Ralph Thrasher, Commissioner

Tuesday, September 20, 2022 6:00 P.M. Grover W. Taylor Council Chambers _________________________________________________________________________

CALL TO ORDER/ROLL CALL:

A. Call to Order/Roll Call:

A regular meeting of the City of Fontana Planning Commission was held on Tuesday, September 20, 2022. Chair Fort called the meeting to order at 6:02 p.m.

Present: Chair Fort, Secretary Sanchez, and Commissioners Gordon

Absent: Vice Chair Sangha and Commissioner Thrasher

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

Following the Invocation by Commissioner Gordon, the Pledge of Allegiance was led by Secretary Sanchez.

PUBLIC COMMUNICATIONS:

A. Public Communications:

None.

371
Planning Commission Minutes September 20, 2022

CONSENT CALENDAR:

A. Approval of Minutes:

Approve the Regular Planning Commission Meeting Minutes of September 6, 2022.

ACTION: A Motion was made by Commissioner Gordon and seconded by Secretary Sanchez and passed by a vote of 3-0-2 to approve the Consent Calendar.

The motion carried by the following vote: AYES: Fort, Sanchez, and Gordon; NOES:

None; ABSTAIN: None; ABSENT: Sangha and Thrasher

PUBLIC HEARINGS:

PH-A Master Case No. 22-068; General Plan Amendment No. 22-006 and Zone Change No. 22-008 - A request to amend the general plan land use map and zoning district map in order to provide consistency and cohesiveness for parcels 0241- 051-02, -13, -16 and -32 and development sites in the immediate vicinity.

Staff requested that this item be continued to the October 4, 2022, Planning Commission Meeting.

ACTION: Motion was made by Commissioner Gordon, seconded by Secretary Sanchez, and passed by a vote of 3-0-2 to continue Public Hearing Item A to the next Regular Planning Commission meeting of Tuesday, October 4, 2022.

The motion carried by the following vote: AYES: Fort, Sanchez, and Gordon; NOES:

None; ABSTAIN: None; ABSENT: Sangha and Thrasher

PH-B Master Case No. 22-034 and Conditional Use Permit 22-011- a request to operate a smoke, tobacco and vape shop in an approximate 1,500 square foot tenant space in the South Sierra shopping center.

Chair Fort opened Public Hearing.

George Velarde, Assistant Planner presented the staff report.

The commission and staff discussed the projects’ condition of approval #13.

The applicant, Farid Elias, stated that he read and agreed to the Conditions of Approval.

No one spoke in favor or opposition of this item.

The Public Hearing was closed.

372
Planning Commission Minutes September 20, 2022

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2022-037; and,

1. Determine that the proposed project is exempt pursuant to Section 15301 Class 1, (Existing Facilities) of the California Environmental Quality Act (CEQA) and Section 3.22 of the 2019 Local Guidelines for implementing CEQA, and direct staff to file a Notice of Exemption; and;

2. Approve Conditional Use Permit No. 22-011.

ACTION: Motion was made by Secretary Sanchez, seconded by Commissioner Gordon, and passed by a vote of 3-0-2 to adopt Resolution PC No. 2022-037 and approve Master Case No. 22-034 and Conditional Use Permit 22-011- A request to operate a smoke, tobacco and vape shop in an approximate 1,500 square foot tenant space in the South Sierra shopping center.

The motion carried by the following vote: AYES: Fort, Sanchez, Gordon; NOES:

None; ABSTAIN: None; ABSENT: Sangha and Thrasher

PH-C Master Case No. 21-127; Tentative Tract Map No. 20431 (TTM No. 21-011) - a proposal to consolidate four lots totaling approximately 4.4 adjusted gross acres into one parcel for condominium purpose, and Design Review No. 20-050 - a proposal to construct a new 82-unit condominium complex within 27 two-story buildings totaling approximately 128,000 square feet.

Chair Fort opened Public Hearing.

Jon S. Dille, Associate Planner presented the staff report.

The commission and staff discussed the main entrance and exits of the project; in addition, a discussion ensued regarding the amount of parking spaces per unit and the location of guest parking. The commission briefly discussed the location of the project’s amenities.

The applicant, Mohammad Monshizadeh, commented on the acquisition of the parcels; parking requirements and some of the amenities of the project such as the walking path.

The applicant stated that he read and agreed to the Conditions of Approval and discussed adjustments and revisions to several conditions with Commission and staff. modifications included changes to:

 Page 10, condition of approval #5, add the word “overhead” before the word, “utilities”.
373
Planning Commission Minutes September 20, 2022

 Page 12, change the last heading to add the word “offsite” before the words “construction permits”.
 Page 16, condition of approval #12, to add the word, “overhead”, before the word, “utilities”.
 Page 16, condition of approval #13, to add the words, “if required”, after the word, “security”.
 Page 16, condition of approval #18, to add the word, “a plan”, prior to “clustered or individual mailboxes”.
 Page 18, change to the heading would read, “prior to the issuance of building permits”, remove the word, “construction” from heading.

The following individuals spoke in opposition:

 Celeste Vorndran

The Public Hearing was closed.

The Commission and staff addressed several of the speakers concerns such as, rentals versus market rate, septic versus sewer and amount of traffic along Cherry Avenue, guest parking and Speedway controls.

RECOMMENDATION:

Based on the information contained within this staff report and subject to the attached findings, and conditions of approval, staff recommends that the Planning Commission adopt Resolution PC No. 2022 -038: and,

1. Determine that the project is Categorically Exempt pursuant to Section No. 15332, (Class No. 32, In-Fill) of the California Environmental Quality Act and Section No. 3-18 (Infill Projects) of the 2019 Local Guidelines for implementing the CEQA, and direct staff to file a Notice of Exemption; and,

2. Approve Tentative Tract Map No. 20431 and Design Review No. 21-050.

ACTION: Motion was made by Secretary Sanchez, seconded by Commissioner Gordon, and passed by a vote of 3-0-2 to adopt Resolution PC No. 2022-038 and approve Master Case No. 21-127; Tentative Tract Map No. 20431 (TTM No. 21-011) - a proposal to consolidate four lots totaling approximately 4.4 adjusted gross acres into one parcel for condominium purpose, and Design Review No. 20-050 - a proposal to construct a new 82-unit condominium complex within 27 two-story buildings totaling approximately 128,000 square feet with modifications to noted conditions of approvals.

The motion carried by the following vote: AYES: Fort, Sanchez, Gordon; NOES:

None; ABSTAIN: None; ABSENT: Sangha and Thrasher

374
Planning Commission Minutes September 20, 2022

PH-D Master Case No. 22-109 and Design Review Sign No. 22-041 - a request to establish a sign program for the Northgate Plaza located on approximately 7.04 acres.

Chair Fort opened Public Hearing.

Alexia De La Torre, Assistant Planner presented the staff report.

The applicant Tom Hunt, on behalf of Promotional Signs, Inc., stated that he read and agreed to the Conditions of Approval.

No one spoke in favor or opposition of this item.

The Public Hearing was closed.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2022-039; and,

1. Determine that the proposed project is exempt pursuant to Section 15301 (Class No. 1, Existing Facilities) of the California Environmental Quality Act (CEQA) and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA, and direct staff to file a Notice of Exemption; and

2. Approve Design Review Sign No. 22-041.

ACTION: Motion was made by Commissioner Gordon, seconded by Secretary Sanchez, and passed by a vote of 3-0-2 to adopt Resolution PC No. 2022-039 and approve Master Case No. 22-109 and Design Review Sign No. 22-041 - a request to establish a sign program for the Northgate Plaza located on approximately 7.04 acres.

The motion carried by the following vote: AYES: Fort, Sanchez, Gordon; NOES:

None; ABSTAIN: None; ABSENT: Sangha and Thrasher

Planning Commission adjourned meeting to a recess at 7:03 p.m.

Planning Commission reconvened meeting at 7:10 p.m.

PH-E Master Case No. 22-110 and Municipal Code Amendment No. 22-007 - Fontana Municipal Code amendment to Chapter 2 (Administration), Chapters 9 (Environmental Protection and Resource Extraction) Chapter 25 (Streets, Sidewalk, and Other Public Ways), Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development Code), and Chapter 33 (Cannabis Businesses and Activities). 375
Planning Commission Minutes September 20, 2022

Chair Fort opened Public Hearing.

Salvador Quintanilla, Senior Planner presented the staff report.

The Commission and staff discussed timing issues and streamlining the process of the Development Advisory Board Meetings; staff clarified the proposed process would remain the same but would cut down on time. In addition, staff also commented on internal city projects and their streamlined development process.

The Commission and staff also discussed modifications and current requirements for the improvement of public open space. Further discussion also took place regarding applicants and their request for a Development Advisory Board hearing and the streamline process. The Commission expressed concerns regarding applicants and their options should they wish to still meet.

Chair Fort noted the memo regarding the posting Ordinance. Chair Fort also expressed disappointment regarding the established Cannabis Business activity ordinance and commented on the adequate distances.

The Commission commented on requirements for owners including background checks to ensure reputable owners who are applying for business activities. Commission suggested staff consider some type of encouragement as it relates to hiring practices.

Patty Nevins, Director of Planning, clarified that city projects amendment was written broadly, and would allow modification of development standards and entitlement processes.

Commissioner Gordon and Deputy City Manager, Phillip Burum, discussed current Development Advisory Board Hearing processes.

No one spoke in favor or opposition of this item.

The Public Hearing was closed.

RECOMMENDATION:

Based on the information in the staff report staff recommends that the Planning Commission adopt Resolution PC No. 2022-040; 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 376
Planning Commission Minutes September 20, 2022

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. 22-007 to amend Chapter 2, Chapter 9, Chapter 25, Chapter 26, Chapter 30, and Chapter 33 of the Municipal Code.

ACTION: Motion was made by Commissioner Gordon, seconded by Secretary Sanchez, and passed by a vote of 3-0-2 to adopt Resolution PC No. 2022-040; and, approve Master Case No. 22-110 and Municipal Code Amendment No. 22-007 - Fontana Municipal Code amendment to Chapter 2 (Administration), (Chapters 9 (Environmental Protection and Resource Extraction) Chapter 25 (Streets, Sidewalk, and Other Public Ways), Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development Code), and Chapter 33 (Cannabis Businesses and Activities).

The motion carried by the following vote: AYES: Fort, Sanchez, Gordon; NOES:

None; ABSTAIN: None; ABSENT: Sangha and Thrasher

DIRECTOR COMMUNICATIONS:

A. Director Communications: None

COMMISSION COMMENTS:

A. Public Communication Commission Comments:

Commissioner Gordon thanked all staff for their efforts in working with the applicants; he also thanked Director of Planning Patty Nevins for her assistance and expertise regarding a citizen request.

Secretary Sanchez commented on his appreciation of staff and attorneys’ improvement and involvement and noted that he agrees with the streamlined process and mentioned that the city is headed towards the right direction.

Chair Fort agreed with the comments regarding the Planning team, and thanked staff for their hard work. Chair Fort also commented on the Cannabis ordinance and echoed her previous comments.. Chair Fort closed by thanking city and the public for the opportunity to serve.

ADJOURNMENT:

By consensus, the meeting adjourned at 7:44 p.m. to the next Regular Planning Commission Meeting on Tuesday, October 4, 2022, at 6:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

377
Planning Commission Minutes September 20, 2022

_______________________
Susana Gallardo
Administrative Assistant

THE FOREGOING MINUTES WERE APPROVED BY THE PLANNING COMMISSION ON THE 4th DAY OF OCTOBER 2022.

_______________________
Idilio Sanchez
Secretary
378

NOTICE OF EXEMPTION

TO: Clerk of the Board of Supervisors
County of San Bernardino
385 N. Arrowhead Avenue, 2nd Floor
San Bernardino, CA 92415-0130
FROM:

City of Fontana
Planning Department
8353 Sierra Avenue
Fontana, CA 92335

Project Title: Master Case No. 22-0110
Municipal Code Amendment No. 22-007

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: Master Case No. 22-110 and Municipal Code Amendment No. 22-007 - Fontana Municipal Code amendment to Chapter 2 (Administration), (Chapters 9 (Environmental Pro tection and Resource Extraction) , Chapter 25 (Streets, Sidewalk, and Other Public Ways), Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development Code), and Chapter 33 (Cannabis Businesses and Activities).

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)
(a) _____ Ministerial project.
(b) _____ Not a project.
(c) _____ Emergency Project.
(d) __X__ 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. (e) _____ Declared Emergency.
(f) _____ Statutory Exemption. State Code section number: _______________________ (g) _____ Other. Explanation: _______________________________________________

5. Reason why project was exempt: This project is a citywide code update to Chapter 2, 9, 25, 26, 30, and 33 of the Fontana Municipal Code. There is no associated development with this project.

6. Contact Person: Salvador Quintanilla, Senior Planner Telephone: (909) 350-6656

Date Received for Filing: __________________________________ DiTanyon Johnson
Principal Planner
(Clerk Stamp Here)

ATTACHMENT NO. 5
379
ATTACHMENT NO. 6

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 Disabiliti es 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 particip ate in this meeting, please contact the C ity 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 CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:

Master Case N o. 22-110/Municipal Code Amendment No. 2 2-007: Update to the City of Fontana Municipal Code for amendments to Chapter 2 (Administration), Chapters 9 (Environmental Protection and Resource Extraction ), Chapter 25 (S treets, Sidewalk, and Other Public Ways), Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development Code), and Chapter 3 3 (Cannabis Businesses and Activities ). Chapter 2, Chapter 25, Chapter 26, and Chapter 30 amendments will include removal of the Development Advisory Board (DAB) process. Chapter 9 amendments include a revision to the definition of sensitive receptors.

Additional Chapter 30 amendments include modification of the park requirements within the Form Based Code, addition of language for density/replacement units to addre ss Senate Bill 330, and addition of language for the review of City initiated projects . Chapter 33 amendments will include minor text modifications to the Cannabis Business guidelines.

Environmental
Determination:

This project 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 L ocal Guide lines for Implementing CEQA.

Location: Citywide
Date of Hearing: October 11, 2022
Place of Hearing: City Hall Council Chambers, 8353 Sierra Avenue, Fontana, CA, 92335 380

Time of Hearing: 7 7:00 pm
Should you have any questions concerning this project, please contact Salvador Quintanilla, Senior Planner, at (909) 350-6656 or [email protected].

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO T HE CITY COUNCIL . A COPY OF THE A PPLICATION AND ENVIRONMENTAL D OCUMENTATION IS AVAI LABLE FOR INSPECTION . PLEASE CO NTACT 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 SOME ONE ELSE RAISED

AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

Publish:
¼ Page

381
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1753 Agenda Date: 10/11/2022
Agenda #: A. Category: New Business
FROM:

Building & Safety
SUBJECT:

First Reading and Set Public Hearing for the Adoption of the 2022 Edition of the California Building Standards Code and Corresponding Base Model Codes
RECOMMENDATION:
(1) Determine that the adoption of the ordinance of the City of Fontana adding, amending and deleting certain articles, sections and subsections of Chapter 5 of the Code of the City of Fontana, California pertaining to the construction and maintenance of buildings, and adopting the 2022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2021 International Building Code; the California Plumbing Code, based on the 2021 Uniform Plumbing Code; the California Electrical Code, based on the 2020 National Electrical Code; the California Mechanical Code, based on the 2021 Uniform Mechanical Code; the California Existing Building Code, based on the 2021 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2021 International Residential Code; and the 2021 Edition of the International Property Maintenance Code is exempt from further environmental review under Section 15061(b)(3) of the State CEQA guidelines, projects with no possibility of significant effects upon the environment, and direct staff to file a notice of exemption.
(2) Waive further reading of and introduce Ordinance No. 1907, an ordinance of the City of Fontana adding, amending and deleting certain articles, sections and subsections of Chapter 5 of the Code of the City of Fontana, California pertaining to the construction and maintenance of buildings, and the 2022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2021 International Building Code; the California Plumbing Code, based on the 2021 Uniform Plumbing Code; the California Electrical Code, based on the 2020 National Electrical Code; the California Mechanical Code, based on the 2021 Uniform Mechanical Code; the California Existing Building Code, based on the 2021 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2021 International Residential Code; and the 2021 Edition of the International Property Maintenance Code; and that the reading of the title constitute the first reading thereof. (3) Set Public Hearing for October 25, 2022 and deem the Notice of Hearing sufficient to give interested persons notice of the purpose of the ordinance and subject matter thereof.

City of Fontana Printed on 10/5/2022Page 1 of 2
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382
File #: 21-1753 Agenda Date: 10/11/2022
Agenda #: A. Category: New Business
COUNCIL GOALS:
· To improve public safety by incorporating current technologies in the construction and maintenance of buildings, housing and fire prevention into the City’s building codes. · To promote economic development by being business friendly through the reduction of local amendments to the adopted codes.

DISCUSSION:

The California Health and Safety Code requires the City to update its codes, laws, and ordinances regulating building construction to keep up with the latest edition of the California Building Standards Code, known as the California Code of Regulations, Title-24. The 2022 California Building Standards Code - based on the 2021 editions of the model codes - was adopted by the California Building Standards Code with an effective date of January 1, 2023. The proposed Ordinance will adopt the 2022 Edition of the California Building Standards Code, which consists of the California Building Code, California Plumbing Code, California Electrical Code, California Mechanical Code, California Existing Building Code, California Green Building Standards Code, and California Residential Code.

The adoption of these codes will be consistent with State law, and incorporate current technologies in the construction and maintenance of buildings, housing and fire prevention into the City’sbuilding codes.

There are no new or increased fees being proposed with this ordinance.

The proposed Ordinance is substantially the same as the previous editions of the California Building Standards Code update except for the adoption of the International Property Maintenance Code.

It should be noted that the wind provisions of the 2022 Edition of the California Residential Code and the 2022 Edition of the California Building Code have been adjusted to reflect the wind speeds as determined by the American Society of Civil Engineers.

The City Attorney has reviewed and approved the content of the proposed Ordinance.

Copies of the Codes that are being considered for adoption are filed in the Clerk’sOffice of the City and are open to public inspection as required by Government Code Section 50022.6.

The required Notice of Hearing has been prepared pursuant to Government Code Section 50022.3.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 10/5/2022Page 2 of 2
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ORDINANCE NO. 1907

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA ADDING, AMENDING AND DELETING CERTAIN
ARTICLES, SECTIONS AND SUBSECTIONS OF CHAPTER 5 OF THE

CODE OF THE CITY OF FONTANA PERTAINING TO THE

CONSTRUCTION AND MAINTENANCE OF BUILDINGS, AND
ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA

BUILDING STANDARDS CODE, KNOWN AS THE CALIFORNIA CODE
OF REGULATIONS, TITLE 24, CONSISTING OF THE CALIFORNIA
BUILDING CODE, VOLUMES 1 & 2, BASED ON THE 20 21
INTERNATIONAL BUILDING CODE; THE CALIFORNIA PLUMBING
CODE, BASED ON THE 20 21 UNIFORM PLUMBING CODE ; THE
CALIFORNIA ELECTRICAL CODE, BASED ON THE 20 20 NATIONAL ELECTRICAL CODE; THE CALIFORNIA MECHANICAL CODE, BASED
ON THE 20 21 UNIFORM MECHANICAL CODE; THE CALIFORNIA
EXISTING BUILDING CODE, BASED ON THE 20 21 INTERNATIONAL EXISTING BUILDING CODE; THE CALIFORNIA GREEN BUILDING
STANDARDS CODE; THE CALIFORNIA RESIDENTIAL CODE, BASED
ON THE 20 21 INTERNATIONAL RESIDENTIAL CODE; AND THE 2021

EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE

WHEREAS, the City of Fontana, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and

WHEREAS, in December 2021 and January 2022, the State Building Standards Commission reviewed and approved the 2022 edition of the California Building Standards Code (Title 24 of the California Code of Regulations); and

WHEREAS, Health and Safety Code Sections 18938 and 17958 make the California Building Standards Code applicable to all cities and counties throughout California, including the City of Fontana, 180 days after publication by the State Building Standards Commission or upon a later date established by the Building Standards Commission, which here is January 1, 2023, and

WHEREAS, Health and Safety Code Section 18941.5 provides that a City may establish more restrictive building standards if they are reasonably necessary due to local climatic, geological, or topographical conditions; and

WHEREAS, Health and Safety Code Section 17958.5 permits cities to make modifications to the requirements contained in the California Building Standards Code if such modifications are found to be reasonably necessary because of local climatic, geographic, or topographic conditions, and Health and Safety Code Section 17958.7 requires that the City Council, bef ore making modifications to such requirements, make an express finding that such modifications are reasonably necessary because of local climatic, geographic, or topographic conditions; and

WHEREAS, the City Council of the City of Fontana hereby finds tha t it is 384

reasonably necessary to amend certain portions of the 2022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, to meet the particular climatic, geological, and topographical conditions existing in the City; and

WHEREAS, the City Council further finds that some changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and prop erty within the City; and

WHEREAS, the City Council conducted a duly noticed public hearing to consider and review the California Building Standards Codes and local amendments, at which time hearing testimony and evidence was presented to and considered by the City Council.

THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS FOLLOWS:

Section 1. The City Council of the City of Fontana (“City") is informed and finds that it is reasonably necessary to amend certain portions of the 2022 Edition of The California Building Standards Code, known as the California Code of Regulations, Title 24, to meet the particular climatic, geological, and topographical conditions existing in the City. The City Council further finds that some changes and modifications are of an administrative or procedural nature or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the City. The City Council hereby adopts the following (climatic, geological, and topographical, where applicable) findings to support the proposed amendments to the 2022 California Building Standards Code made herein in this Ordinance:

(a) The City is subject to relatively low amounts of precipitation, very low humidity levels, and extremely high temperatures. These climatic conditions are conducive to the spread of fire. For example, during July, August, and September, temperatures often exceed 100 degrees Fahrenheit. During the same months, humidity is usually less than 40%, and humidity measurements less than 10% are not uncommon. These conditions contribute to an increased likelihood of fire. Moreover, minor fires have a greater tendency of spreading rapidly due to such conditions.

(Finding applicable to Amendments to California Building Code Sections 903.2 and 1505.5; and California Residential Code Section R313.)

(b) The City is subject to extremely strong winds, commonly referred to as "Santa Ana Winds ," which reach speeds in excess of 90 miles per hour.

Extensive damage often occurs during such winds , including: fallen trees; blown sand and debris; downed utility poles, utility circuits, and utility service lines; and structural damage to buildings. These adverse conditions can cause: (1) fires; (2) impairment of emergency apparatus access; (3) delays in response times of emergency apparatus ; and (4) the depletion of apparatus readily available for fire suppression activities. These windstorms commonly last from three to seven days.
385

(Finding applicable to Amendments to California Building Code Sections 502.1, 903.2, 1609.3, 1609.4.3, Table 1 504.8, Table 1507.2.7.1(1), Table 1507.2.7.1(2) and I105.2; and California Electric Code Section 225.1; and California Residential Code Sections R301.2.1.4, R313, R319.1, Table R301.2, and AH105.2.)

(c) The City's neighboring foothills create a unique fire hazard. This is because fire service is provided to the City by the San Bernardino County Fire Department and fire units from the City are often sent to assist in the extinguishment of fast moving, wind -assisted fires in the neighboring foothills which destroy or damage many structures, and as such, these units are then unavailable for fire suppression in the City.

(Finding applicable to Amendments to California Building Code Sections 502.1, 903.2, and 1505.5; and California Residential Code Section s R313 and R319.1.)

(d) Development has occurred in the City and continues to occur in the City and such development has resulted in severe traffic congestion during peak business hours, weekends, and holidays, thus decreasing response time , particularly on the following streets and highways: Sierra Avenue, Valley Boulevard, Cherry Avenue, Foothill Boulevard, Base Line Road, Highland Avenue, Citrus Avenue, Slover Avenue, Jurupa Avenue, Arrow Route, San Bernardino Avenue, the I-15 Freeway and the I-10 Freeway. Such traffic and circulation congestion is an artificially created, obstructive topographical condition creating a situation which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on - site fire -extinguishing systems and other protection measures to protect occupants and property from fire hazard s. Automatic fire protection systems are the single greatest means of reducing the severity of structural fires; fire loss in un-sprinklered buildings is four times greater than fire loss in sprinklered buildings. Numerous fires have occurred within the City in residential structures (houses, apartments, hotels, and motels) over the past several years that have automatic fire protection systems, and in all of these fires, the automatic fire protection systems have successfully controlled and/or suppressed the fire before the emergency response personnel have been able to arrive at the structure.

(Finding applicable to Amendments to California Building Code Sections 502.1 and 903.2; and California Residential Code Sections R313 and R319.1.)

(e) An extreme and unusual fire hazard exists in the hillsides and other areas of the City south of Jurupa Avenue and north of the I-15 Freeway due to the presence of highly flammable vegetation, the region's dry climate, and frequent hot, dry Santa Ana winds.

386

(Finding applicable to Amendments to California Building Code Sections 903.2 and 1505.5; and California Residential Code Section R313.)

(f) The City is located in Southern California, in an extremely active seismic region, with high levels of historic earthquake shaking in the recent past (earthquakes measuring larger than a magnitude 5 on the Richter Scale) and can be expected to experience significant strong ground shaking within the foreseeable future; and

The seismotectonic setting of the City is dominated by the Sierra Madre - Cucamonga fault, which traverses the Northern portion of the City, and the City's close proximity to the San Andreas fault--7 miles to the East, San Jacinto fault--3 miles to the East and Whittier-Elsinore Fault--19 miles to the Southwest; and

In the event of a severe earthquake, these faults present the potential for catastrophic damage, including fire, damage to roadways and other impairments of emergency apparatus. (This information is according to maps used by Cal Tech, P asadena and provided by the U.S. Geological Survey). Existing and planned developments are at risk from structural damage from earthquake faults. Improved standards are necessary to ensure that maximum safety is provided to persons and property.

(Finding applicable to Amendments to California Building Code Sections 502.1 ; and California Electric Code Section 225.1; and California Residential Code Sections R319.1 and Table R301.2.)

(g) Aluminum expands and shrinks at a much greater rate than other metals.

This property becomes cr itical for smaller wires of aluminum conduct ors, which may break down at a termination point in a seismic event, causing a fire. As discussed above, the City is located in an extreme active seismic region.

(Finding applicable to Amendment to California Electric Code Section 110.5.)

(h) Additional amendments and deletions to the California Building Standards Code, known as the California Code of Regulations, Title 24; the International Building Code; and the International Residential Code; are administrative or procedural in natur e and reasonable and necessary to safeguard life and property within the City.

(Finding applicable to Amendments to the California Building Code Sections

1.8.8, 102.1, 105.2, 113, 202, 502.1, 3109.2, J103.2, and J104.1; and California Residential Code Sections 1.8.8, R322.1 , Table R301.2 , and Appendix AX.)
387

(i) The topography of the City is mostly rocky with large boulders and stones below grade in much of the northern part of the City, which is rapidly being developed; and

Given the topography of the City, it is impractical and unreasonable to remove all rocks 12 inches or more in diameter from certain development areas or place these rocks at more than 10 feet below grade; and

Geotechnical, civil, and/or soil engineers have opined that due to the rocky topography of the City, the use of rocks with a maximum dimension larger than 12 inches and up to 24 inches as fill material at three feet or more below grade and rocks with a maximum dimension greater than 24 inches as fill material at ten feet or more below grade is safe and prudent.

(Finding applicable to Amendment to California Building Code Section J107.4.)

Section 2. Article III of Chapter 5 of the Code of the City of Fontana is hereby amended by rewriting the article in its entirety to read as follows:

“Article III. California Building Code

Sec. 5-61. Adoption; copy on file.

The 2022 Edition of the California Building Code, known as the California Code of Regulations, Title 24, Part 2, Volumes 1 & 2, based on the 20 21 Edition of the International Building Code, published by the International Code Council, including Chapter 1 and Appendices B, C, I, and J, are hereby adopted as the Building Code of the City and reference is hereby made to the copy now on file in the Clerk's Office of the City.

Sec. 5-62. Changes and Amendments.

(a) Section 105.2 Building Exemption 2 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended to read as follows:

2. Solid fences not over 3-1/2 feet high and open fences with an open surface area of not less than 90 percent (90%) not over 4 feet high.

(b) Section 105.2 Building Exemption 4 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended to read as follows:

4. Retaining walls which are not over 3 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a 388

surcharge or impounding flammable or combustible liquids.

(c) Section 202 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the definition for Swimming Pools to read as follows:

Swimming Pools. Any body of water or any structure that contains water over 18 inches (457 mm) deep. Th is includes without limitation all portabl e, moveable, collapsible, storable, and permanent in-ground, above -ground and on -ground swimming pools, garden ponds, spas, hot tubs, wading pools, and fountains.

(d) Section 502.1 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. 50 2.1 Address identification. New and existing buildings, apartment units, condominium units, suites, tenant spaces, and similar other units or spaces shall be provided with approved address numbers or letters per Section 5-239 of the Fontana Municipal Code.

(e) Section 903.2 of the California Building Code. Known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto a paragraph after the first paragraph of the section to read as follows:

Notwithstanding the requirements of Sec. 903.2, an automatic fire-sprinkler system, approved by the Fire Prevention Division of the Fontana Fire Protection District, shall be installed, and maintained in new construction per the requirements of Article II of Chapter 11 of the Code of the City.

(f) Section 1505.5 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. 1505.5 Non-classified roofing. Non-classified roofing is material that is not listed as a Class A, B, or C roof covering. Non- classified roofing is not approved for use within the City.

(g) Section 1609.3 of the California Building Code, known as the California 389

Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto a paragraph and table to the end of the section to read as follows:

Portions of the City are located within a special wind region. The basic design wind speed V in these special wind region areas shall be:

Risk Category Basic Design Wind Speed, V

116 mph

III & IV
129 mph
135 mph
(h) Section 1609.4.3 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

Exposure C, as a minimum, shall apply in all cases unless the architect or engineer in general responsible charge can justify to the building official that the building site and surrounding terrain conform to the criteria for Exposure B.

(i) Section 115922(a) of Section 3109.2 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code is hereby amended by rewriting the section in its entirety to read as follows:
(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool and/or spa or the remodeling of an existing pool or spa at a private single -family home, the respective swimming pool or spa shall be equipped with at least two drowning prevention safety features, one of which shall be an enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in 115922 (a)(4) or (5). Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement. In addition to the foregoing, the respective swimming pool or spa shall be equipped with at least one of the following four drowning prevention safety features:
(1) Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in 390

conjunction with a gate that is self -closing and self-latching and can accommodate a key lockable device.
(2) An approved safety pool cover, as defined in subdivision (d) of Section 115921.
(3) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(4) Other means of protection, if the degree of protection afforded is equal to or gre ater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).

(j) Section 115923 of Section 3109.2 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code is hereby amended by adding the wording to the enclosure characteristics:

Where the barrier is composed of horizontal and vertical members and the distance between the top of the horizontal member is less than 45 inches the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1 ¾ inches in width.

(k) Section I105.2 of Appendix I of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. I105.2 Footings. A patio cover may be supported on a concrete slab on grade without footings, provided all of the following conditions are met:

1. The supporting slab is not less than 3 1/2 inches thick; and 391

2. The supporting columns do not support live and dead loads in excess of 750 pounds per column; and

3. The patio cover is constructed solely out of aluminum and/or other similar light weight material, and has a current valid International Code Council Evaluation Report or Council of American Building Officials National Evaluation Report (or equal) clearly stating tha t: (a), a slab 3 1/2 inches thick is structurally adequate; (b), footings are not required; and (c), how the patio cover is to be anchored/held -down to resist uplift forces based on a minimum nominal design wind speed of 100 miles per hour.

(l) Section J103.2, Exemption 1 of Appendix J of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting in its entirety to read as follows:

1. When approved by the building official, grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.

(m) Section J103.2, of Appendix J of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding the following 2 exemptions:

8. An excavation that does not exceed 50 cubic yards (38.3 m*) on any one lot and does not obstruct a drainage course that is:
a. less than 2 feet (610 mm) in depth; or
b. does not create a cut slope greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical in 1 1/2 units horizontal (66.7% slope).

9. A fill that does not exceed 50 cubic yards (38.3 md) on any one lot and does not obstruct a drainage course that is:
a. less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope); or
b. less than 3 feet (914 mm) in depth, not intended to support structures.

(n) Section J104.1, of Appendix J of the California Building Code, known as the 392

California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

All grading plans shall be prepared by a state licensed or registered design professional. Grading in excess of 5,000 cubic yards (3825 md) shall be prepared by a state registered civil engineer.

(o) Section J107.4 of Appendix J of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto the following Exception:

Exception: The building official may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approves the fill stability.

The following conditions shall also apply:

1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.

2. Rock sizes greater than 12 inches (305 mm) and up to 24 inches (610 mm) in maximum dimension shall be three feet (914 mm) or more below grade, measured vertically. Rock sizes greater than 24
inches (610 mm) in maximum dimension shall be 10 feet (3048 mm) or
more below grade, measured vertically.

3. Rocks shall be placed so as to assure filling of all voids with well-graded soils.”

Section 3. Article IV of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:

“Article IV. California Plumbing Code

Sec. 5-86. Adoption; copy on file.

The 2022 Edition of the California Plumbing Code, known as the California Code of Regulations, Title 24, Part 5, based on the 2021 Edition of the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, including Appe ndices A, B, D, H, I, and K, are hereby adopted as the Plumbing Code of the City and reference is hereby made to the copy now on file in the Clerk's office of the City.

Sec. 5-87. Changes and Amendments.

The 2022 Edition of the California Plumbing Code is hereby adopted with no 393

amendments.”

Section 4. Article V of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:

“Article V. California Electrical Code

Sec. 5-111. Adoption; copy on file.

The 2022 Edition of the California Electrical Code, known as the California Code of regulations, Title 24, Part 3, based on the 20 20 Edition of the National Electrical Code, published by the National Fire Protection Association is hereby adopted as the Electrical Code of the City and reference is hereby made to the copy now on file in the Clerk’s office of the City.

Sec. 5-112. Changes and Amendments.

(a) Section 110.5 of the California Electrical Code, known as the California Code of regulations, Title 24, Part 3 and the National Electrical Code is hereby amended by adding thereto the following:

Aluminum conductors of No. 6 or smaller shall require continuous inspection by an approved independent testing agency for proper torquing of connections at their termination point.

(b) Section 225.1 of the California Electrical Code, known as the California Code of regulations, Title 24, Part 3 and the National Electrical Code is hereby amended by adding thereto the following:

All new outside wiring on private property shall be underground.

EXCEPTION No. 1: Temporary wiring installed per Article 590.

EXCEPTION No. 2: Services as defined by Article 100 and installed per Article 230, subject to approval by the Administrative Authority.

EXCEPTION No. 3: Wiring in approved conduit and raceways directly attached to a building.”

Section 5. Article VI of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:

“Article VI. California Mechanical Code
394

Sec. 5-136. Adoption; copy on file.

The 2022 Edition of the California Mechanical Code, known as the California Code of Regulations, Title 24, Part 4, based on the 2021 Edition of the Uniform Mechanical Code, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted as the Mechanical Code of the City and reference is hereby made to the copy now on file in the Clerk's office of the City.

Sec. 5-137. Changes and Amendments.

The 2022 Edition of the California Mechanical Code is hereby adopted with no amendments.”

Section 6. Article VIII of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:

“Article VIII. California Existing Building Code

Sec. 5-186. Adoption; copy on file.

The 20 22 Edition of the California Existing Building Code, known as the California Code of Regulations, Title 24, Part 10, based on the 2021 Edition of the International Existing Building Code, published by the International Code Council, is hereby adopted as the Existing Building Code for the City and reference is hereby made to the copy now on file in the Clerk's office of the City.

Sec. 5-187. Changes and Amendments.

The 2022 Edition of the California Existing Building Code is hereby adopted with no amendments.”

Section 7. Article XVIII of Chapter 5 of the Code of the City of Fontana is hereby amended by rewriting the Article in its entirety to read as follows:

“Article XVIII. California Green Building Standards Code Sec. 5-550. Adoption; copy on file.

The 2022 Edition of the California Green Building Standards Code, known as the California Code of Regulations, Title 24, Part 11, is hereby adopted as the Green Building Standards Code of the City and reference is hereby made to the copy now on file in the Clerk's Office of the City.

Sec. 5-551. Changes and Amendments.

The 2022 Edition of the California Green Building Standards Code is hereby 395

adopted with no amendments.”

Section 8. Article XIX of Chapter 5 of the Code of the City of Fontana is hereby amended by rewriting the Article in its entirety to read follows:

“Article XIX. California Residential Code

Sec. 5-600. Adoption; copy on file.

The 2022 Edition of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5, based on the 20 21 Edition of the International Residential Code, published by the International Code Council, including Appendix H and Appendix AX, is hereby adopted as the Residential Code of the City and reference is hereby made to the copy now on file in the Clerk's Office of the City.

Sec. 5-601. Changes and Amendments.

(a) Table R301.2, CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA, of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by filling in the blanks in the first row to read as follows:

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND SNOW LOAD .....................................................Zero WIND DESIGN:

Speed- Special wind region…129Vmph. Other areas… 96Vmph Topographic effects ......................................................No SEISMIC DESIGN CATEGORY .........................................D2 or E SUBJECT TO DAMAGE FROM:

Weathering....................................................................Negligible Frost line depth .............................................................12-24 inches Termite..........................................................................Very Heavy WINTER DESIGN TEMP ....................................................43 ICE BARRIER UNDERLAYMENT REQUIRED...................No
FLOOD HAZARDS:

Date of adoption of first ordinance (Ord 881) regarding Flood Damage Prevention: June 6, 1987
Date of latest update of the Flood Insurance Study: September 2, 2019
Currently Effective Flood Insurance Rate Maps (FIRMS):

Panel Numbers: 06071C7895J, 06071C7915H, 06071C8634J, 06071C8635J, 06071C8642J, 06071C8651H, 06071C8652H,
396

06071C8653H, 06071C8654H, 06071C8658H, 06071C8666H
Dates: October 3, 2022, for all panels
AIR FREEZING INDEX. ...................................................... 0 MEAN ANNUAL TEMP ...................................................... 60

(b) Section R301.2.1.4 of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

Exposure C, as a minimum, shall apply in all cases unless justification, to the satisfaction of the Building Official or his/her designee, is provided that the building site and surrounding terrain conform to the criteria for Exposure B.

(c) Section R313 of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by adding thereto the following Section:

Sec. R313.0 General. Notwithstanding the requirements of Section R313, an automatic fire-sprinkler system, approved by the Fire Prevention Division of the Fontana Fire Protection District, shall be installed, and maintained in all new construction per the requirements of Article II of Chapter 11 of the Code of the City.

(d) Section R319.1 of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. R319.1 Site Addr ess. New and existing buildings,
apartment units, condominium units, suites, and similar other units or spaces shall be provided with approved address numbers or letters per Section 5-239 of the Fontana Municipal Code.

(e) Section R322.1 of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

Notwithstanding the requirements of Sec. R322, all construction within a flood hazard area shall comply with the requirements of Article II of Chapter 12 of the Code of the City.

397

(f) Section AH105.2 of Appendix Chapter H of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. AH105.2 Footings. A patio cover may be supported on a concrete slab on grade without footings, provided all of the following conditions are met:

1. The supporting slab is not less than 3 1/2 inches thick; and

2. The supporting columns do not support live and dead loads in excess of 750 pounds per column; and

3. The patio cover is constructed solely out of aluminum and/or other similar light weight material, and has a current valid International Code Council Evaluation Report or Council of American Building Officials National Evaluation Report (or equal) clearly stating that: (a), a slab 3 1/2 inches thick is structurally adequate; (b), footings are not required; and (c), how the patio cover is to be anchored/held -down to resist uplift forces based on a minimum nominal design wind speed, of 100 miles per hour.
(g) Section 115922(a) of Appendix AX of the California Residential Code, known as the California Code of Regulations , Title 24, Part 2.5 and the International Residential Code is hereby amended by rewriting the section in its entirety to read as follows:
(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool and/or spa or the remodeling of an existing pool or spa at a private single -family home, the respective swimming pool or spa shall be equipped with at least two drowning prevention safety features, one of which shall be an enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in 115922 (a)(4) or (5). Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement. In addition to the foregoing, the respective swimming pool or spa shall be equipped with at least one of the following four drowning prevention safety features:
(1) Removable mesh fen cing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self -closing and self-latching and can accommodate a key lockable device.
(2) An approved safety pool cover, as defined in s ubdivision (d) 398

of Section 115921.
(3) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 “Sta ndard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds whe n the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(4) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).”

Section 9. Article II of Chapter 5 of the Code of the City of Fontana is hereby amended by renaming and rewriting the Article in its entirety to read follows:

“Article II. International Property Maintenance Code

Sec. 5-36. Adoption; copy on file.

The 2021 Edition of the International Property Maintenance Code, published by the International Code Council, is hereby adopted and reference is hereby made to the copy now on file in the clerk’s office of the city.

Sec. 5-37. Changes and Amendments.

(a) Section 303.2 of the 2021 International Property Maintenance Code is hereby amended by rewriting the section in its entirety to read as follows:

Section 303.2 Enclosures must comply with Section 115922(a) of Appendix AX of the 2022 California Residential Code as amended by the City of Fontana.

(b) Section 304.3 of the 2021 International Property Maintenance Code is hereby amended by rewriting the section in its entirety to read as follows:

Section 303.2 Site Address. New and existing buildings, apartment units, condominium units, suites, and similar other units or spaces shall be provided with approved address numbers or letters per Section 5-239 of the Fontana Municipal Code.

399

Section 10. Severability/Interpretation. If any provision of this Ordinance, or the application of this Ordinance to any person or circumstance is held to be invalid or void by a court of competent jurisdiction, such invalidity or voidance shall not affect the other provisions or applications which can be given effect without the invalid provision or application; and to this end, the provisions of this Ordinance are required to be severable.

This Ordinance shall be liberally construed to achieve the purposes of this Ordinance and to preserve its validity. If any provision of Chapter 5 of the Code of the City or the application thereof to any person or circumstance is determined to be in conflict with any other applicable code, law, or ordinance, the most restrictive requirements shall be deemed applicable and enforced.

Section 11. The adoption of the 2022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 20 21 International Building Code; the California Plumbing Code, based on the 20 21 Uniform Plumbing Code; the California Electrical Code, based on the 20 20 National Electrical Code; the California Mechanical Code, based on the 20 21 Uniform Mechanical Code; the California Existing Building Code, based on the 20 21 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 20 21 International Residential Code, and the 2021 International Property Maintenance Code, does not commit the City to any action that may have a significant effect on the environment, and as per Section 15378 of the State CEQA Guidelines, such action does not constitute a project subject to the requirements of CEQA. Staff is d irected to file a Notice of Exemption.

Section 12. This ordinance shall take effect thirty (30) days after the date of its adoption.

Section 13. The City Clerk shall certify to the adoption of this Ordinance and shall cause a summary thereof to be publis hed at least five (5) days prior to the meeting at which the proposed Ordinance is to be adopted in the Herald News, a newspaper of general circulation in the City, and shall post a certified copy of the proposed Ordinance in the office of the City Clerk, and within fifteen (15) days of its adoption, shall cause a summary of it to be published in the same manner as specified above, including the vote for and against the same, and shall post a certified copy of the adopted Ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933. 400

APPROVED AND ADOPTED this __ day of __________, 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 and was introduced at a regular meeting on the __ day of __________, 2022, and was finally passed and adopted not less than five days thereafter on the __ day of __________, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

________________________________
City Clerk of the City of Fontana

________________________________
Mayor of the City of Fontana

________________________________
City Clerk

401
TO: HERALD NEWS
EMAIL: [email protected]
FROM: FONTANA CITY CLERK’S DEPARTMENT
DATE:

16498.00110\40716842.1

PUBLICATION OF SUMMARY OF PROPOSED ORDINANCE NO. ____

PUBLISH ONE TIME ONLY ON OR BEFORE ONE
AFFIDAVIT PUBLICATION REQUESTED.

SUMMARY OF PROPOSED ORDINANCE NO. ____

NOTICE IS HEREBY GIVEN that the City Council of the City of Fontana, at a Regular Meeting held on October 11, 2022 in the City Council Chambers, 8353 Sierra Avenue, Fontana, California, considered adoption of Ordinance No. ____, an ordinance of the City of Fontana, California adding, amending, and deleting certain articles, sections, and subsections of Chapter 5 of the Code of the City of Fontana pertaining to the construction and maintenance of buildings, and adopting by reference the 2022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2021 International Building Code; the California Plumbing Code, based on the 2021 Uniform Plumbing Code; the California Electrical Code, based on the 2020 National Electrical Code; the California Mechanical Code, based on the 2021 Uniform Mechanical Code; the California Existing Building Code, based on the 20 21 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 20 21 International Residential Code; and the 2021 Edition of the International Property Maintenance Code; and that the reading of the title constitute the first reading thereof.

A certified copy of the full text of the ordinance is available in the office of the City Clerk of the City of Fontana, 8353 Sierra Avenue, Fontana, California 92335.

CITY COUNCIL OF THE CITY OF FONTANA
Acquanetta Warren, Mayor

Germaine
McClellan Key
City Clerk

P.O. #800496
402
TO: HERALD NEWS
EMAIL: [email protected]
FROM: FONTANA CITY CLERK’S DEPARTMENT
DATE:

16498.00110\40716842.1

PUBLICATION OF SUMMARY OF ADOPTED ORDINANCE NO. ____

PUBLISH ONE TIME ONLY ON OR BEFORE ONE
AFFIDAVIT PUBLICATION REQUESTED.

SUMMARY OF ADOPTED ORDINANCE NO. ____

NOTICE IS HEREBY GIVEN that the City Council of the City of Fontana, at a Regular Meeting held on October 25, 2022 in the City Council Chambers, 8353 Sierra Avenue, Fontana, California, adopted Ordinance No. ____, an ordinance of the City of Fontana, California adding, amending, and deleting certain articles, sections , and subsections of Chapter 5 of the Code of the City of Fontana pertaining to the construction and maintenance of buildings, and adopting by reference the 2022 Edition of the California Building Standar ds Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2021 International Building Code; the California Plumbing Code, based on the 2021 Uniform Plumbing Code; the California Electrical Code, based on the 2020 National Electrical Code; the California Mechanical Code, based on the 2021 Uniform Mechanical Code; the California Existing Building Code, based on the 20 21 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 20 21 International Residential Code; and the 2021 Edition of the International Property Maintenance Code.

A certified copy of the full text of the ordinance is available in the office of the City Clerk of the City of Fontana, 8353 Sierra Avenue, Fontana, California 92335.

CITY COUNCIL OF THE CITY OF FONTANA
Acquanetta Warren, Mayor

Germaine
McClellan Key
City Clerk

P.O. #800496
403