Tuesday, October 11, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1906 Reso. No. 2022-126
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda October 11, 2022
Welcome to a meeting of the Fontana City Council.
Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such a request to the City Clerk ’s Office at ( 909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335.
Traduccion en Espa ñol disponible a peticion. Favor de notificar al Departamento "City Clerk".
Para mayor informacion, favor de marcar el numero (909) 350-7602.
CLOSED SESSION:
PUBLIC COMMUNICATION - CLOSED SESSION:
This is an opportunity for citizens to speak to the City Council for up to 3 minutes on the following Closed Session. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.
A. Public Communications - Closed Session
6:00 P.M. CLOSED SESSION
2 City Council Meeting Regular Agenda October 11, 2022
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION
(Government Code section 54956.9(d)(1))
Frank Copetillo v. City of Fontana, USDC Case No .
5:19-cv-01959 MEMF (SHKx)
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN # 0232-091-18 and 0232-091-19
City Negotiator: Ray Ebert, Deputy City Manager
Negotiating Party: Gerardo Herrera
Under Negotiating: Price and Terms of payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN # 0232-201-12 and 0232-201-13
City Negotiator: Ray Ebert, Deputy City Manager
Negotiating Party: Mark Nuaimi
Under Negotiating: Price and Terms of payment
21-1744
CALL TO ORDER/ROLL CALL:
A. 7:00 P.M. Call To Order/Roll Call:
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
PROCLAMATION:
A. Proclamation
A. Mayor Warren and City Council proclaim the 2nd Week of October 2022 as Code Compliance Officer Appreciation
Week (Sandra Pelayo, Community Improvement Program
Manager, to accept).
21-1746
SPECIAL PRESENTATIONS:
A. Special Presentations
A. 2022 Mayor's Youth Advisory Council Board Introduction (Community Services Coordinator Andrew Solares to
present).
21-1767
3 City Council Meeting Regular Agenda October 11, 2022
PUBLIC COMMUNICATIONS:
This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council .
A. Public Communications
CONSENT CALENDAR:
All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion.
A. Approval of Minutes 21-1745
Approval of Minutes
Approve the minutes of the September 27, 2022, Regular City Council Meeting.
City Council Meeting - September 27.pdfAttachments:
B. Award a Bid for BMW Motorcycle Purchase, Parts and Repair Services SB-93-PW-22.
21-1689
Award a Bid for BMW Motorcycle Purchase, Parts and Repair Services SB-93-PW-22.
1. Award a bid with Ride -On Powersports for the purchase of BMW Police Motorcycles, parts and repair services on an as-needed basis.
2. Authorize the Purchasing Office to issue a purchase order to Ride on Powersports for a period of two (2) Years, renewable with three (3) additional one -year increments at the City’s sole discretion for an approximate amount of $60,000 per year for an aggregate amount not to exceed $300,000 for the term of the purchase order.
3. Authorize the Purchasing Office to issue purchase orders to Ride on Powersports for the purchase of new and replacement motorcycles for five (5) years.
Notified Vendors SB-93-PW-22.pdfAttachments:
4 City Council Meeting Regular Agenda October 11, 2022
C. Authorize the purchase of an ADA compliant restroom trailer from Comforts of Home Services, Inc.
21-1695
Authorize the purchase of an ADA compliant restroom trailer from Comforts of Home Services, Inc.
Authorize the Purchasing Office to “Piggy-Back” on the General Services Administration (GSA) Purchasing Program (Contract No. GS-07F-0236V) for the purchase of one (1) new ADA compliant restroom trailer from Comforts of Home Services, Inc. in the amount of $117,671.88 plus sales tax (7.75%) for a total of $126,266.58.
Quote 8-30-22.pdfAttachments:
D. Authorize to purchase Fuel for City Vehicles and Equipment. 21-1701 Authorize to purchase Fuel for City Vehicles and Equipment.
Approve and authorize the Purchasing Office to “Piggy-Back” from San Bernardino County’s gasoline and diesel fuel contract (Agency 22-PURC-4372) for the purchase of fuel for the City vehicles and equipment through June 14, 2027.
County of San Bernardino Fuel 2022.pdf
City of Fontana Fuel Bid (Fuel Pricing).pdf
Attachments:
E. Approve a Development Impact Fees Credit Agreement
Related to Parcel Map No. 20183 (TPM No. 19-021) and Parcel Map No. 20184 (TPM No. 19-022)
21-1735
Approve a Development Impact Fees Credit Agreement Related to Parcel Map No. 20183 (TPM No. 19-021) and Parcel Map No. 20184 (TPM No. 19-022) Approve and authorize the City Manager to execute a Development Impact Fees Credit Agreement with TDC Boyle Partners, LLC, related to Parcel Map No. 20183 (TPM No. 19-021) and Parcel Map No. 20184 (TPM No. 19-022).
Fee Credit Agreement.pdf
Vicinity Map.pdf
Attachments:
F. Naming Rights Agreement - Center Stage Theater 21-1758 Naming Rights Agreement - Center Stage Theater
1. Approve Naming Rights Agreement for the Center Stage Theater
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said agreement and/or associated approvals.
Attachment 1 - Fontana - Naming Rights Agreement- Red Head Inc.
Attachments:
5 City Council Meeting Regular Agenda October 11, 2022
G. Purchase and Sale Agreement for 16766 Arrow Blvd. -
Downtown Fontana Property
21-1760
Purchase and Sale Agreement for 16766 Arrow Blvd. - Downtown Fontana Property
1. Approve a Purchase & Sale Agreement for the purchase of a building and associated land located on the north side of Arrow Blvd, east of Juniper in Downtown Fontana, more specifically described as APN #0191-162-09.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
Attachment No. 1 - 16766 Arrow Blvd P and S Agreement
Attachment No. 2 - 16766 Arrow Blvd Counter
Attachments:
H. Purchase and Sale Agreement for 8443 Nuevo Avenue -
Downtown Fontana Property
21-1761
Purchase and Sale Agreement for 8443 Nuevo Avenue - Downtown Fontana Property
1. Approve a Purchase & Sale Agreement for the purchase of a building and associated land located on the southeast corner of Nuevo Avenue and Spring Street in Downtown Fontana, more specifically described as APN #0191-163-27.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
Attachment No. 1 - 8443 Nuevo Ave P and S Agreement
Attachment No. 2 - 8443 Nuevo Ave Counter
Attachments:
I. Purchase and Sale Agreement for 16762 Spring St. -
Downtown Fontana Property
21-1762
Purchase and Sale Agreement for 16762 Spring St. - Downtown Fontana Property
1. Approve a Purchase & Sale Agreement for the purchase of a building and associated land located on the north side of Spring Street, east of Juniper in Downtown Fontana, more specifically described as APN #0191-161-29.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
Attachment 1_16762 Springs St_P&SA.pdf
16762 Spring St Addendum 2.pdf
Attachments:
6 City Council Meeting Regular Agenda October 11, 2022
J. Purchase and Sale Agreement for 16717 Spring St. -
Downtown Fontana Property
21-1763
Purchase and Sale Agreement for 16717 Spring St. - Downtown Fontana Property
1. Approve a Purchase & Sale Agreement for the purchase of a building and associated land located on the south side of Spring Street, just east of Juniper in Downtown Fontana, more specifically described as APN #0191 -162-18.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
Attachment No. 1 - 16717 Springs StreetAttachments:
Approve Consent Calendar Items as recommended by staff.
PUBLIC HEARINGS:
To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 5:00 P.M. on the day of the meeting. Comments of no more than three ( 3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.
All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes)
7 City Council Meeting Regular Agenda October 11, 2022
A. 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).
21-1743
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).
(a) Determine that the project is Categorically Exempt pursuant to Sections 15060(c), Section No. 15061 (B)(3) (the “common sense” exemption) , Section 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for implementing the CEQA, and direct staff to file a Notice of Exemption; and
(b) Read by title only and waive further reading of and introduce Ordinance No. 1906, an Ordinance of the City Council of the City of Fontana approving Master Case No. 22-110 and Municipal Code Amendment No. 22-007 amending Sections of Chapter 2, Chapter 25, Chapter 26, and Chapter 30 to remove the Development Advisory Board (DAB); amending Chapter 9 to revise the definition of “sensitive receptors”; amending Chapter 30 to exempt the City from certain zoning regulations for City owned, controlled, or leased properties or facilities; amending Chapter 30 to allow development projects over two acres to develop common open space; adding Article XV to Chapter 30 creating a No Net Loss density bonus /replacement program; and amending Section 30-489 and Table Nos. 30-489 and 30-453 to rename commercial cannabis to cannabis retail stores and reference special regulations for same; and making minor modifications to Chapter 33 related to phasing and authorization letters for permit applications; and the reading of the title constitutes the first thereof.
Attachment No. 1 - Ordinance 1906
Attachment No. 2 - Planning Commission Report
Attachment No. 3 - Planning Commission Minutes
Attachment No. 4 - Notice of Exemption
Attachment No. 5 - Public Hearing Notice
Attachments:
NEW BUSINESS:
8 City Council Meeting Regular Agenda October 11, 2022
A. New Business
9 City Council Meeting Regular Agenda October 11, 2022
A. First Reading and Set Public Hearing for the Adoption of the 2022 Edition of the California Building Standards Code and Corresponding Base Model Codes
21-1753
First Reading and Set Public Hearing for the Adoption of the 2022 Edition of the California Building Standards Code and Corresponding Base Model Codes
(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.
Fontana - Ordinance No. 1907 Code AdoptionAttachments:
10 City Council Meeting Regular Agenda October 11, 2022 CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
ADJOURNMENT:
A. Adjournment
Adjourn to the next Regular City Council Meeting on October 25, 2022, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
11 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1744 Agenda Date: 10/11/2022
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, October 11, 2022
6:00 P.M.
City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 10/6/2022Page 1 of 1
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12 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1746 Agenda Date: 10/11/2022
Agenda #: A. Category: Proclamation
Proclamations
Tuesday, October 11, 2022
7:00 P.M.
Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 10/5/2022Page 1 of 1
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13 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1767 Agenda Date: 10/11/2022
Agenda #: A. Category: Special Presentation
Special Presentations
Tuesday, October 11, 2022
7:00 P.M.
Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 10/5/2022Page 1 of 1
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14 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1745 Agenda Date: 10/11/2022
Agenda #: A. Category: Consent Calendar
FROM:
City Clerk
SUBJECT:
Approval of Minutes
RECOMMENDATION:
Approve the minutes of the September 27, 2022, Regular City Council Meeting.
COUNCIL GOALS:
· Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.
DISCUSSION:
The City Council will consider approval of the minutes of the September 27, 2022, Regular City Council meeting. Draft minutes are attached to this report for Council review and approval.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 10/5/2022Page 1 of 1
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15 Tuesday, September 27, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
Minutes
16 CALL TO ORDER/ROLL CALL:
A. 7:00 P.M. Call To Order/Roll Call:
The Regular Meeting of the Fontana City Council was held on Tuesday, September 27, 2022, in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California, 92335. Mayor Warren called the meeting to order at 7:03 p.m.
ROLL CALL:
PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts and Sandoval
ABSENT: None
City Clerk McClellan Key and City Treasurer Koehler-Brooks were also in attendance.
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
Fontana Police Department Chaplain Valerie Torres led the invocation, followed by Council Member Roberts who led the pledge of allegiance.
SPECIAL PRESENTATIONS:
A. Special Presentations
A. 21-1712
A. Mayor Warren and City Council to recognize Corporal Buddy Porch, Officer Christine Tomicic, Probation Officer Jazmyne White and Records Supervisor Vanessa Hernandez as the Fontana Police Department July 2022 Employees of the Month.
Mayor Warren and City Council recognized the July 2022 Employees of the Month.
B. Mayor Warren and City Council to recognize Corporal Thomas Moore, Corporal Luis Valenzuela, Officer Paul Contreras, Officer Shawn Cory, Officer Joshua MacMillian, Officer Kirsten Ryn, Officer Matthew Sherwood, Officer Christine Tomicic, and Secretary Michelle Jared as the Fontana Police Department August 2022 Employees of the Month.
Mayor Warren and City Council recognized the August 2022 Employees of the Month.
PUBLIC COMMUNICATIONS:
A. Public Communications
No public communications were received.
CONSENT CALENDAR:
17 City Council Meeting Minutes September 27, 2022
ACTION: Motion was made by Council Member Cothran, seconded by Mayor Pro Tem Garcia, to adopt and approve Consent Calendar Items "A-P" by an unanimous roll call vote. The motion carried as follows: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
A. Approval of Minutes 21-1723
Approve the minutes of the September 13, 2022, Regular City Council Meeting.
B. Adoption of Ordinance No. 1904 (Second Reading) 21-1724 Second Reading/Adoption of Ordinance No. 1904, levying special taxes within the City of Fontana Community Facilities District No. 111 (Monterado).
C. Adoption of Ordinance No. 1905 (Second Reading) 21-1725 Second Reading / Adoption of Ordinance No. 1905, authorizing the levy of a Special Tax within Community Facilities District No. 110M.
D. Police Department Monthly Information Update 21-1630 Accept the Police Department monthly information update for August 2022.
E. Approve Donations of Dog “Arrow” and Present and Future Accompanying K-9 Dog Equipment from Fontana Police K-9 Pals, a California Nonprofit Corporation.
21-1631
1. Approve the donation of the dog “Arrow” from Fontana Police K- 9 Pals, a California nonprofit corporation, to the City of Fontana in order for “Arrow” to become part of the Fontana Police Department’s K-9 Unit.
2. Approve present and future accompanying K- 9 dog equipment from Fontana Police K-9 Pals to support the Fontana Police Department’s K-9 Unit operations.
F. Approve Donations of Dog “Leo” and Present and Future Accompanying K-9 Dog Equipment from Fontana Police K-9 Pals, a California Nonprofit Corporation.
21-1632
1. Approve the donation of the dog “ Leo” from Fontana Police K- 9 Pals, a California nonprofit corporation, to the City of Fontana in order for “ Leo” to become part of the Fontana Police Department’s K-9 Unit.
2. Approve present and future accompanying K- 9 dog equipment from Fontana Police K-9 Pals to support the Fontana Police Department’s K-9 Unit operations.
G. Award a Construction Contract for the Police Facility Fence Installation Project
21-1649
1. Award and authorized the City Manager to execute a construction contract with J & A Engineering Corp. for the construction of the Police Facility Fence Installation Project in the amount of $358,275.44 and authorize a 10% contingency in the amount of $35,827.54 (Bid No. SB-03-DE-23).
2. Appropriate $75,000.00 from PD Capital Facilities Fund 636 to the Police Facility Fence Installation Project No. 36000021.
3. Approve and authorize the City Manager to execute any and all utility
18 City Council Meeting Minutes September 27, 2022
agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Police Facility Fence Installation Project.
H. Approve Release of K-9 Unit Dog “Wyatt” and Accompanying K-9 Equipment to his Hander Casey Mutter
21-1691
Approve contract No. MS-69-PD-23 between the City of Fontana and Casey Mutter to release K-9 dog “Wyatt” and accompanying K-9 dog equipment, including a kennel, transportation kennel, custom fit muzzle, dogloo, and two leashes, to him.
I. Approve Release of K-9 Unit Dog “Axl” and Accompanying K-9 Equipment to his Handler Bradley Terwilliger
21-1697
Approve contract No. MS-70-PD-23 between the City of Fontana and Bradley Terwilliger to release K-9 dog “Axl” and accompanying K-9 dog equipment, including a kennel, transportation kennel, custom fit muzzle, dogloo, and two leashes, to him.
J. 2021 Homeland Security Grant (HSGP) 21-1708
1. Accept the 2021 Homeland Security Grant Program subrecipient award in the amount $40,451 from the Office of Homeland Security.
2. Authorize the Chief of Police or his designee to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement.
3. Approve allocation of funds in the amount of $40,451 in the Grant Fund #301, Project 40200003 - 2021 Homeland Security Grant
K. Fontana Police Department to Accept 2002 Pierce Heavy Rescue Vehicle
21-1710
1. Accept 2002 Pierce Heavy Rescue Vehicle (VIN #1K9AF4283YN058185) donation from the San Bernardino County Fire Protection District.
2. Approve a recurring appropriation from the General Fund in the amount of $12,670 to cover the Operating & Maintenance costs associated with this vehicle.
L. Pre-annexation Agreement No. 22-001, between the City of Fontana and Inland Senior Development, LLC Investments, for the provision of sewer service to a 112-Unit Multi-Family Condominium Project located South of Foothill Boulevard, on the West side of Banana Avenue.
21-1716
1. Find that the project is Exempt pursuant to Section No. 15268(b)(4) (Ministerial Project, Utility Connection) of the California Environmental Quality Act (CEQA) and, direct staff to file a Notice of Exemption; and,
2. Approve and authorize the City Manager to execute a Pre-annexation Agreement (No. 22-001) with Inland Senior Development, LLC investments, for the provision of sewer service to a 112-unit multi-family condominium project located south of Foothill Boulevard, on the west side of Banana Avenue.
M. Fontana Police Helicopter Service Contract Implementing AS350B2
21-1721
19 City Council Meeting Minutes September 27, 2022
1. Approve a Service Agreement between HeliSafe, LLC, a Limited Liability Corporation, and the Fontana Police Department
2. Authorize the City Manager (or his designee) to sign the Service Agreement, all related documentation, and any amendments to continue this cooperative agreement as long as it is in the best interest of the City of Fontana.
N. Purchase & Sale Agreement - Downtown Fontana Property 21-1738
1. Approve a Purchase & Sale Agreement for the purchase of two parcels of land located on the Spring Street, east of Juniper Avenue in Downtown Fontana, more specifically described as APN #0191-161-17 and #0191- 161-28.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
O. Final Acceptance of the Village of Heritage Pool Deck Repair Project (MS-106-PW-22).
21-1686
1. Accept as complete the work performed by Masterseal Corporation for the Village of Heritage Pool Deck Repair project and approve the final construction cost of $223,200.
2. Authorize the City Engineer/Director of Public Works to file a notice of completion and release the 5% retention.
P. Estoppel Certificate and Assignment Agreement for Ventana at Duncan Canyon.
21-1751
Approve Estoppel Certificate and Assignment Agreement for Ventana at Duncan Canyon and authorized the City Manager to enter into said agreement.
PUBLIC HEARINGS:
A. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts
21-1715
Mayor Warren opened the public hearing.
City Clerk McClellan Key noted for the record that no written correspondence were received on this item.
Accountant II Lisa Conlon provided the staff report.
Mayor Warren closed the public hearing as there were no members of the public present who wished to speak in favor or opposition of the item.
ACTION: Motion was made by Council Member Sandoval, seconded by Council Member Roberts, to approve and adopt Public Hearing Item 'A' by a unanimous roll call vote as follows:
1. Authorize staff to complete and record lien notices against real property
20 City Council Meeting Minutes September 27, 2022
for those sewer accounts sixty days or more delinquent as described in Certified Lien List and direct staff to forward recorded liens to the County for collection.
2. Authorize staff to complete and record liens against real property for those rubbish accounts more than ninety days delinquent as described in the Certified Lien List and direct staff to forward recorded liens to the County for collection.
3. Adopt Resolution No. 2022-125, of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.
The motion carried as follows: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
City Manager Ballantyne thanked the Community Services Department for recent community events and thanked the volunteers for their contributions to the community.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
21 City Council Meeting Minutes September 27, 2022
City Treasurer Koehler Brooks congratulated the employees of the month; recognized the hardwork that the handlers and k-9's do for the community; and closed with wishing City Clerk McClellan Key a Happy belated birthday.
City Clerk Key commented on recently attended community events and congratulated the employees of the month.
Council Member Cothran thanked and recognized the volunteers and commented on recently attended community events.
Mayor Pro Tem Garcia thanked and recognized the volunteers and commented on recently attended community events.
Council Member Sandoval commented on the K-9's recognized and commented on recently participation for senior baseball.
Council Member Roberts thanked and recognized the volunteers; commented on recently attended community events; and commented on recent fire in Jurupa Valley that may have affected some community members.
Mayor Warren commented on recently attended events; Mayor's Leadership Conference in Miami, FL; National Nonpartisan Voter Education in Houston, TX; attendance at the Leven Gala; made a shout out to the Mayor's Youth Advisory Council for attending the recent Hispanic Heritage Event; highlighted Fontana Walk's - Let's Move on the Trail event; and closed with asking the audience and community to stand in silence and in prayer for family.
ADJOURNMENT:
A. Adjournment
22 City Council Meeting Minutes September 27, 2022
Mayor Warren adjourned the meeting in a moment of silence for those to pray upon their families and communities.
The meeting was adjourned by Mayor Warren at 7:50 p.m. to the next Regular City Council Meeting on October 11, 2022, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_________________________
Ashton R. Arocho, MMC
Deputy City Clerk
THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON OCTOBER 11, 2022.
________________________
Germaine McClellan Key
City Clerk
23 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1689 Agenda Date: 10/11/2022
Agenda #: B. Category: Consent Calendar
FROM:
Public Works
SUBJECT:
Award a Bid for BMW Motorcycle Purchase, Parts and Repair Services SB-93-PW-22.
RECOMMENDATION:
1. Award a bid with Ride-On Powersports for the purchase of BMW Police Motorcycles, parts and repair services on an as-needed basis.
2. Authorize the Purchasing Office to issue a purchase order to Ride on Powersports for a period of two (2) Years, renewable with three (3) additional one-year increments at the City’ssole discretion for an approximate amount of $60,000 per year for an aggregate amount not to exceed $300,000 for the term of the purchase order.
3. Authorize the Purchasing Office to issue purchase orders to Ride on Powersports for the purchase of new and replacement motorcycles for five (5) years.
COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Practice sound fiscal management by living within our means while investing in the future.
DISCUSSION:
The Public Works Department is responsible for the maintenance and repair of over four hundred and eighty-one (481) vehicles and pieces of equipment. The Department also coordinates the purchase of new or replacement vehicles with the Finance Department. The City’sFleet inventory includes 13 BMW Motorcycles, which are assigned to the Police Department, Traffic Operations. The proposed award will enable the City to purchase BMW Police Motorcycles as replacements or additional units, along with maintenance and repair services.
The bid for the above-named project was opened electronically at 2:00 P.M. on June 16, 2022. Eighty -five (85) vendors were notified of the bid. Bid packets were downloaded/received by seven (7) Vendors and we received one (1) Response. Eight (8) Fontana vendors were notified of the bid. No Fontana vendor responses were received. After evaluating the bid response, the Purchasing Office is recommending Ride-On Powersports for award of bid as they are the lowest, most responsive, and responsible bidder. The Department completed the formal bid purchasing process.
FISCAL IMPACT:
The Public Works Department’s Fiscal Year 2022-2023 budget includes funds for the services specified above, specifically in the Fleet Operations Fund No. 751, Fleet Replacement 75138306.8319, Fleet Maintenance 75138305.8130 and 75138305.8023. The Department spends City of Fontana Printed on 10/6/2022Page 1 of 2
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24 File #: 21-1689 Agenda Date: 10/11/2022
Agenda #: B. Category: Consent Calendar
approximately $60,000 annually for motorcycle maintenance and repair.
MOTION:
Approve staff recommendation.
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25 City of Fontana
BMW Police Motorcyle Purchases, Parts and Repair Services Contract (SB-93-PW-22), bidding on 06/16/2022 2:00 PM (PDT)
Printed 09/08/2022
PlanetBids, Inc.
26 City of Fontana
BMW Police Motorcyle Purchases, Parts and Repair Services Contract (SB-93-PW-22), bidding on 06/16/2022 2:00 PM (PDT)
Printed 09/08/2022
PlanetBids, Inc.
27 City of Fontana
BMW Police Motorcyle Purchases, Parts and Repair Services Contract (SB-93-PW-22), bidding on 06/16/2022 2:00 PM (PDT)
Printed 09/08/2022
PlanetBids, Inc.
28 City of Fontana
BMW Police Motorcyle Purchases, Parts and Repair Services Contract (SB-93-PW-22), bidding on 06/16/2022 2:00 PM (PDT)
Printed 09/08/2022
PlanetBids, Inc.
29 City of Fontana
BMW Police Motorcyle Purchases, Parts and Repair Services Contract (SB-93-PW-22), bidding on 06/16/2022 2:00 PM (PDT)
Printed 09/08/2022
PlanetBids, Inc.
30 City of Fontana
BMW Police Motorcyle Purchases, Parts and Repair Services Contract (SB-93-PW-22), bidding on 06/16/2022 2:00 PM (PDT)
Printed 09/08/2022
PlanetBids, Inc.
31 City of Fontana
BMW Police Motorcyle Purchases, Parts and Repair Services Contract (SB-93-PW-22), bidding on 06/16/2022 2:00 PM (PDT)
Printed 09/08/2022
PlanetBids, Inc.
32 City of Fontana
BMW Police Motorcyle Purchases, Parts and Repair Services Contract (SB-93-PW-22), bidding on 06/16/2022 2:00 PM (PDT)
Printed 09/08/2022
PlanetBids, Inc.
33 City of Fontana
BMW Police Motorcyle Purchases, Parts and Repair Services Contract (SB-93-PW-22), bidding on 06/16/2022 2:00 PM (PDT)
Printed 09/08/2022
PlanetBids, Inc.
34 City of Fontana
BMW Police Motorcyle Purchases, Parts and Repair Services Contract (SB-93-PW-22), bidding on 06/16/2022 2:00 PM (PDT)
Printed 09/08/2022
PlanetBids, Inc.
35 City of Fontana
BMW Police Motorcyle Purchases, Parts and Repair Services Contract (SB-93-PW-22), bidding on 06/16/2022 2:00 PM (PDT)
Printed 09/08/2022
PlanetBids, Inc.
36 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1695 Agenda Date: 10/11/2022
Agenda #: C. Category: Consent Calendar
FROM:
Public Works
SUBJECT:
Authorize the purchase of an ADA compliant restroom trailer from Comforts of Home Services, Inc.
RECOMMENDATION:
Authorize the Purchasing Office to “Piggy-Back” on the General Services Administration (GSA) Purchasing Program (Contract No. GS-07F-0236V) for the purchase of one (1) new ADA compliant restroom trailer from Comforts of Home Services, Inc. in the amount of $117,671.88 plus sales tax (7.75%) for a total of $126,266.58.
COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Practice sound fiscal management by living within our means while investing in the future.
DISCUSSION:
The Public Works (Parks and Landscape Division) is responsible for providing setup and equipment for events hosted by the City of Fontana, which Include but are not limited to events like Fontana Days. This restroom trailer is an essential piece of equipment used for public access during these events. The Parks Department is requesting to purchase a new trailer to replace the City’sexisting restroom trailer that has been removed from service by Support Services (Fleet Maintenance) for being unrepairable. The trailer being replaced has met the criteria based upon the City’sFleet charge back system.
The selected ADA restroom trailer is being recommended for purchase after a comprehensive review process by Department Staff, Field Staff and Fleet. Staff reviewed the specifications from several manufacturers and found an 11 Station ADA compliant restroom trailer with a 10,000-Watt Generator mounted on the front that will meet the needs of the Parks and Landscape Division.
FISCAL IMPACT:
The cost of the purchase is approximately $127,000. Funds have been approved in the 2022/2023 fiscal year budget for this purchase in Account No. 75138306-8319.
MOTION:
Approve Staff Recommendation.
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39 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1701 Agenda Date: 10/11/2022
Agenda #: D. Category: Consent Calendar
FROM:
Public Works
SUBJECT:
Authorize to purchase Fuel for City Vehicles and Equipment.
RECOMMENDATION:
Approve and authorize the Purchasing Office to “Piggy-Back”from San Bernardino County’sgasoline and diesel fuel contract (Agency 22-PURC-4372) for the purchase of fuel for the City vehicles and equipment through June 14, 2027.
COUNCIL GOALS:
· Concentrate on Inter-governmental relations by working cooperatively with neighboring jurisdictions.
· Practice sound fiscal management by living within our means while investing in the future.
DISCUSSION:
The Public Works Department is responsible for monitoring fuel inventories for the City’stwo (2) fueling sites located at the Public Works Yard and the Police Station. Fuel is essential for the operation of approximately 486 vehicles and pieces of equipment used throughout various City departments. The City of Fontana has “Piggy-Backed”from the County of San Bernadino fueling contract in the past. Fontana has been able to receive better pricing based upon the economies of scale due to San Bernardino County’s higher volume of fuel consumption.
Staff is requesting a purchase order be initiated with Nuckles Oil based on a “Piggy-Back”with San Bernardino County’sgasoline and diesel fuel contract 22-PURC-4372. The Purchasing office has reviewed this process and concurs with recommendation.
FISCAL IMPACT:
The Public Works Department has budgeted $1,500,000.00 in Fiscal Year 2022/2023 budget for fuel and oil in the Fleet Operations Fund, Account No. 75138305-8024.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 10/6/2022Page 1 of 1
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MERIT OIL COMPANY
P.O.BOX 341
BLOOMINGTON CA 92316
April 20, 2022
Attn: Eric Ninemire
City of Fontana
16489 Orange Way
Fontana Ca 92335
(909) 350-6763
Eric Ninemire <[email protected]>
Thank you for the opportunity to be of service City of Fontana. Per our conversation, Merit Oil is proposing service and pricing to your locations Corporate Yard
Diesel : Opis Avg is $ 4.3546 + .0155 = $ 4.3701 plus all taxes is $ 5.6378 per gal (Diesel Price is based on full load 7500gals)
87oct: Opis Avg is $ 3.8919 + .0135 = $ 3.9054 plus all taxes is $ 4.7347 per gal (87oct Price is based on full load 8,000-8,500 gals)
Fontana Police Dept: 3.8919 + .0355= $ 3.9274 plus all taxes is $ 4.7573 per gal (Price is based on 3500-4000gals)
We appreciate the opportunity to be of service to you and look forward to a long and mutually beneficial relationship. If you have any questions, please feel free to contact me.
Piggy backing County of San Bernardino Contract (RFP) NO AGENCY22-PURC-4372
Perry Bitney
Marketing Representative Merit Oil Company
(909) 877-4126 cell# (909)633-1014
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1735 Agenda Date: 10/11/2022
Agenda #: E. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Approve a Development Impact Fees Credit Agreement Related to Parcel Map No. 20183 (TPM No. 19-021) and Parcel Map No. 20184 (TPM No. 19-022)
RECOMMENDATION:
Approve and authorize the City Manager to execute a Development Impact Fees Credit Agreement with TDC Boyle Partners, LLC, related to Parcel Map No. 20183 (TPM No. 19-021) and Parcel Map No. 20184 (TPM No. 19-022).
COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
DISCUSSION:
TDC Boyle Partners, LLC (“Developer”)is developing two logistics and distribution centers on two properties within the City. Tentative Parcel Map No. 20183 (TPM No. 19-021) was conditionally approved by the Planning Commission on August 18, 2020 for an approximately 176,219 square foot logistics and distribution facility on 8.68 acres of land located north of Boyle Avenue and west of Sierra Avenue. Tentative Parcel Map No. 20184 (TPM No. 19-022) was conditionally approved by the Planning Commission on August 4, 2020 for an approximately 75,428 square foot logistics and distribution facility on approximately 3.62 acres of land located north of Boyle Avenue and east of Juniper Avenue.
Chapter 21, Article VI - Construction and/or Dedication In-Lieu of Development Impact Fees (Section 21-151 through 21-154) of the Fontana Municipal Code establishes a policy allowing in-lieu fee credit agreements between the City and developers. This provides an alternative method for satisfying a developer’s obligation to mitigate impacts from the development other than through payment of development impact fees.
This Development Impact Fees Credit Agreement will provide fee credits toward the Developer’s development impact fee obligations for the construction of infrastructure (circulation, sewer, and storm drain) along Juniper Avenue and Slover Avenue as shown on Exhibit B and as follows:
Subject Development
Fee Obligation
Construction In-Lieu
Amount
Net Development Fee
Obligation
Circulation $837,412.32 $596,018.28 $241,394.04
Storm Drain $287,498.61 $546,351.84 $0
Sewer $4,203.52 $154,836.00 $0
Total $1,129,114.45 $1,297,206.12 $241,394.04
City of Fontana Printed on 10/6/2022Page 1 of 2
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66 File #: 21-1735 Agenda Date: 10/11/2022
Agenda #: E. Category: Consent Calendar
Subject Development
Fee Obligation
Construction In-Lieu
Amount
Net Development Fee
Obligation
Circulation $837,412.32 $596,018.28 $241,394.04
Storm Drain $287,498.61 $546,351.84 $0
Sewer $4,203.52 $154,836.00 $0
Total $1,129,114.45 $1,297,206.12 $241,394.04
FISCAL IMPACT:
The approval of the Development Impact Fees Credit Agreement results in a reduction of the developer’s Circulation, Sewer, and Storm Drain fees for the project. This is possible since the developer will be constructing improvements valued at $1,297,206.12. The developer is still obligated to pay the remaining Circulation fee of $241,394.04.
MOTION:
Approve staff recommendation.
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PARCEL MAPS 20183 & 20184
PARTIAL SATISFACTION OF
DEVELOPMENT IMPACT FEES CREDIT AGREEMENT
between
THE CITY OF FONTANA
a California municipal corporation
and
TDC Boyle Partners, L.L.C., a Delaware limited liability company
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PARTIAL SATISFACTION OF DEVELOPMENT
IMPACT FEES CREDIT AGREEMENT
1. PARTIES AND DATE
This Partial Satisfaction of Development Impact Fees Credit Agreement (“Agreement”) is made this ______ day of ___________, 2022 for reference purposes only, between: (i) The City of Fontana ( “City”), a California m unicipal corporation and (ii) TDC Boyle Partners, L.L.C., a Delaware limited liability company (“Developer”). The term “Developer” includes Developer and its successors to all or any portion of the Property. This Agreement will not become effective until the date (“Effective Date”) on which all of the following are true:
(i) This Agreement has been approved and executed by the appropriate authorities of the Developer, as defined in this Section 1, and this Agreement has been delivered to the City;
(ii) Following all legally required not ices and h earings, this Agreement has been approved by the City’s City Council; and
(iii) This Agreement has been executed by the appropriate authorities of the C ity and delivered to Developer.
2. RECITALS
2.1 Developer owns certain real property located in the City of Fontana, San Bernardino County, State of California, and shall be referred to herein as the “Property”. The Property is more particularly shown in Exhibit “A-1 and Exhibit A-2” attached hereto and incorporated by reference herein and consists of approximately 8.68 net acres and 3.65 net acres.
2.2 The Developer is developing an approximately 167,219 and 7 1,428 square foot warehouse buildings on the property more particularly described as Parcel Map No. 20183/ Design Review No. 19-043 and Parcel Map No. 20184/Design Review No. 19-044 (“Project”).
2.3 The City has imposed certain conditions of approval on the Project in connection with the City’s issuance of a building permit for the Project, which conditions, among other things, require the payment of, among others, certain Circulation (“Subject Development Fees”) as follows:
Subject Development
Fee Obligation
Construction In-Lieu
Amount
Net Development Fee
Obligation
Circulation $837,412.32 $596,018.28 $241,394.04
Storm Drain $287,498.61 $546,351.84 $0
Sewer $4,203.52 $154,836.00 $0
Total
$1,129,114.45 $1,297,206.12 $241,394.04
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Such fees are set based upon the City’s determination as to the square footage of the wa rehouse attributable to the Pr oject as more particularly set forth in Exhibit “B” attached hereto and incorporated by reference herein.
2.4 In satisfaction of the Subject Development Fee Obligation as identified in Recital 2.3 above, Developer shall, at its sole cost, expense and lia bility, construct and dedicate to the City certain public improvements as more particularly set forth in this Agreement.
3. TERMS
3.1 Payment of Subject Development Fees
3.1.1 Payment of Subject Development Fees. Developer would, in the absence of this Agreement, be obligated to pay the Subject Development Fees described in Recital 2.3 in accordance with the City’s normal fee payment schedule, as a condition to the issuance of a building permit for the Project. Such amount would total One million one hundred twenty-nine thousand one hundred fo urteen dollars and forty -five cents ($1,129,114.45) (“Subject Development Fe e Obligation”). However, Developer shall construct and dedicate the Subject Improvements as set forth in Section 3.2 below, at a cost to Developer of approximately One million two hundred ninety- seven thou sand t wo hundred six dollars and twelve cents ($1,297,206.12). Therefore, upon Developer’s dedication to City and City’s acceptance of the Subject Improvements, as defined and set forth in Section 3.2.1, below, Developer shall be deemed to have satisfied its Subject Development Fee Obligation . Developer sha ll thereafter be entitled to no further payment, reimbursement or refund arising out of or related to the Subject Development Impact Fee Obligation.
3.1.2 Full Satisfaction of Subject Development Fees. The Subject Development Fee Obligation shall be satisfied for the Project in consideration of Developer’s construction and dedication, and the City’s acceptance, of those Subject Improvements, as defined and set forth in Section 3.2.1, below, in accordance with this Agreement.
3.2 Construction and Dedication of Subject Improvements.
3.2.1 Construction and Dedication of Subject Improvements. In satisfaction of the Subject Development Fees for the Project as set forth in Recital 2.3, Developer shall, at its sole cost, expense and liability, develop and d edicate to the City those certain public Circulation improvements (“Subject Improvements”) described in Exhibit “C-1”, Exhibit “C-2” and Exhibit “C- 3” attached hereto and incorporated by reference herein. Developer sh all develop the Subject Improvements in accordance with plans and specifications to be approved by the City, in accordance with then-current City public works standards and policies. The Subject Improvements shall be dedicated to the City as provided in S ection 3.2.6. Developer hereby warrants and guarantees all Subject Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and th riving condition reasonably acceptable t o City, for a period of one (1) year following completion of the work and acceptance by City ( “Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Subject Improvements, in accordance with the current ordinances, resolutions, re gulations, 70 -4-
codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to an y Subject Improvements that have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Subject Improvements. Nothing herein shall relieve Develope r from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Subject Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.
3.2.2 Subdivision Improvement Agreements. Developer and City have heretofore entered into one or more subdivision improvement agreements for the Project, pursuant to Government Code section 66462 (“Improvement Agreement”). All work required to be completed by D eveloper under this Agr eement shall be subject to the provision s of the Improvement Agreement, including, without limitat ion, the security, insurance, prevailing wage, and indemnification provisions thereof.
3.2.3 Meaning of “Dedicate.” The term “dedicate,” as used in this Agreement, means to acquire all necessar y land or rights -of-way and to construct thereon the Subject Improvements required by this Agreement, and thereafter to offer to convey such land/rights-of-way and improvements to the City at no cost to the City. Developer shall offer the land/rights-of-way and Subject Improvements at the time required by the Ci ty Engineer in the exercise of his or her reasonable discretion. The satisfaction of Developer’s obligations with respect to the dedication of the Subject Improvements described in this Section 3.2 shall be contingent upon the City Council’s acceptance of said improvements, which acceptance shall occur in a manner consistent with the City’s standard policies and standards for the acceptance of dedicated improvements.
3.3 Not a Statutory Development Agreement. This Agreement is not a statutory development agreement as described by Government Code section 65864, et seq. This Agreement confers no vested entitlements with respect to the development of the Project. This Agreement does not limit, in any way whatsoever, any authority the City may have to lawfully increase Impact Fees, change land use regulations, or otherwise lawfully exercise all powers available to the City pursuant to its police power, statutes, and judicial decision. Likewise, nothing in this Agreement shall limit, in any way, any right or remedy Developer may have to protest or challenge any unlawful increase in the Impact Fees . Except where subject to partial or total satisfaction as provid ed in t his Agreement, Developer shall pa y all Impact Fees, as they may be adjusted by the City dur ing construction of the Project. Without limiting the generality of the foregoing paragraph, if the City at any time increases its Impact Fees, and such increases can otherwise be lawfully imposed against the Project, then Developer (or its successors, as applicable) shall pay the increased Impact Fees for only those portions of the Project (units or acreage, as applicable) for which the prior, lower Impact Fees have not yet been paid in full at the time provided for in this Agreement. If the City increases any Subject Development Fee, and such increase results in the value (as established by the applicable fee program) of the Subject Improvements being less than Developer’s increased Subject Development Fees for only those portions of the Project for which the prior, lower Impact Fees have not yet been paid in full, then Dev eloper shall pay the amount of the difference between the Subject Improvement’s value and the increased amount of the Subject Development Fees. 71 -5-
3.4 City’s Remedies Upon Default. Subject to Section 3.2, if the Developer fails to complete and offer for dedication a particular public improvement described in Section 3.2 in the manner required by this Agreement then the City may, upon fifteen (15) days’ prior written notice to the Developer, exercise any one or more of the following remedies, independently or conjunctively:
(i) The City may terminate this Agreement in its entirety and shall have no obligation to reduce the Developer the Subject Fee Obligation as set forth in Section 3.1; provided, however, that the City shall either (1) reimburse the Developer for the Developer ’s actual third -party costs (without interest) incurred with respect t o any public improvements satisfactorily completed and dedicated to the City prior to termination, or ( 2) reimburse the Developer’s Impact Fee obligation in a particular category in an amount equal to the Developer’s actual third-party costs (without interest) incurred with respect to the public improvements related to that category that are satisfactorily completed and dedicated to the City prior to termination; provided, however, that the maximum amount of the reimbursement paid or credit given pursuant t o (1) o r (2) above shall not exceed the cost for the public improvements satisfactorily completed and d edicated prior to termination as set forth in the applicable fee program or study upon which the applicable Impact Fee is based; or
(ii) The City may ter minate this Agreement in its entirety an d shall have no obligation to credit to Developer the Subject Impact Fee reduction as set forth in Section 3.1; provided, however, that the City shall either (1) reimburse the Developer for the value (“Incomplete Value”), as determined in the City Engineer’s reasonable discretion, of any public improvements that are not satisfactorily completed and dedicated to the City prior to termination; or (iii) The City may exercise any other right or remedy available to it at law or in equity.
3.5 No Waiver. Developer’s or the City’s failure to insist on performance of any of the terms or conditions of this Agreement or to exercise any right, remedy or privilege, or Developer’s or the City’s waiver of any breach hereunder, shall not thereafter be deemed a subsequent waiver of any other terms, conditions, or rights, remedies or privileges, whether of the same or similar type.
No party will be deemed to have waived any rights under this Agreement unless the waiver is made in writing and signed by the waiving party’s duly authorized representative. All rights and remedies provided for under this Agreement are cumulative.
3.6 Cooperation. The parties agree to cooperate with each other in furthering the purposes of this Agreement. The parties hereby agree to take such other actions and execute such other reasonable documents as are consistent with this Agreement and as are reasonably necessary to effectuate this Agreement; provided, however, that the foregoing shall not require the City to take any legislative act or exercise its discretion in any particular manner.
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3.7 Entire Agreement. This Agreement contains the final and complete agreeme nt between the parties with respect to the matters herein discus sed and supersedes all previous communications and agreements b etween them, either oral or written, to the extent such pr ior communications and agreements are inconsistent with this Agreement.
3.8 No Agency. Each party acknowledges that it is not the ag ent or fiduciary of the other.
3.9 No Assignment. This Agreem ent, including, without limitation, the parties ’ obligations under Section 3.2, is not assignable, in whole or in part, by Developer, without the prior written consent of the City, and any atte mpt to make such assign ment sh all be void and shall constitute an incurable material default under this Agreement.
3.10 Attorneys’ Fees. In the event that any action or proceeding is commenc ed to regarding any term of this Agreement, the prevailing party in such action or proceeding, in addition to all other relief to which it may be entitled, shall be entitled to recover from the other party the prevailing party’s costs of suit and reasonabl e attorneys’ fees. The prevailing party shall be as determined by the court in accordance with Code of Civil Procedure section 1032. The attorneys’ costs and expert fees recoverable pursuant to this Section 3.10 include, without limitation, attorneys’ costs and expert fees incurred on appeal and those incurred in enf orcing any judgment rendered.
Attorneys’ costs and fees may be recovered as an element of costs in the underlying action or proceeding or in a separate recovery action.
3.11 Notices. All notices, demands or other communications (collectively, “Notices”) required or allowed by this Agreement shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or (ii) three (3) business days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (iii) on the date of delivery by facsimile transmission to the recipient named below. All Notices shall be addressed as follows:
If to the City: City Manager
City of Fontana
8353 Sierra Avenue
Fontana, CA 92334-0518
With copies to: Best Best & Krieger LLP
2855 E. Guasti Rd., Suite 400
Ontario, CA 91767
Attn: Jeff Ballinger, Esq.
If to Developer: TDC Boyle Partners, LLC
3501 Jamboree, Suite 4400
Newport Beach, CA 92660
Attn: Stephen Batcheller
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Any party may, by notice g iven at any time, require subsequent Notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of Notice of change shall not be inva lidated by the change.
3.12 Governing Law. This Agreement and its pr ovisions shall in all respec ts be interpreted, construed, enfor ced and governed by and under the la ws of the State of California, without regard to its conflict of laws principles.
3.13 Consent to Jurisdiction, Venue and Service. Any action or proceeding brought respecting this Agreement shall be instituted and maintained in the appropriate court in the County of San Bernardino, California. Developer hereby forgoes and waives any provi sion of State or Federal law or judicial decision providing for a change of venue from such court on the grounds that the City is or may be a party to a ny such action or proceeding, including, without limitation, California Code of Civil Procedure section 394. Each party hereby irrevocably consents to the personal jurisdiction of the court. Service of process may be made in any manner provided by law.
3.14 Modification. This Agreement may be modified only by another written instrument duly authorized and executed by the parties. The foregoing notwithstanding, the City M anager is hereby authorized to make such minor amendments to this Agreement on behalf of the City as the City Manager may deem prudent and necessary in its administration, with the concu rrence of the City Attorney.
3.15 Severability. The provisions of this Agreement are specifically made severable. If any clause, provision, rights and/or remedy provided for herein is unlawful or unenforceable, the remainder of this Agreement shall remain in effect and be enforced as if such clause, provision, right and/or remedy were not contained herein.
3.16 Rules of Construction. The language in all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against, either the City or Developer. Sectio n headings in this Agreement are for convenience only and are n ot to be considered as a part of this Agreement or in any way limiting or amplifying the provisions hereof.
All provisions and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identification of the person or pers ons, firm or firm s, corporation or corporations may require. This Agreement is the product of mutual negotiation and drafting efforts.
Accordingly, the judicial rule of construction that ambiguities in a document are to be construed against the drafter of that document shall have no application to the interpretation or enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to such extrinsic evidence not directly in conflict with the express terms hereof to ascertain and give effect to the intent of the parties to this Agreement. 74 -8-
3.17 Execution/Counterparts. This Agreement may be executed in one or mo re counterparts, each of which shall be an original and all such counterparts together shall constitute the entire agreement of the parties hereto.
3.18 Authorization. Each individual executing this Agreement hereby represents and warrants that he or she has the full power and authority to execute this Agreement on behalf of the named parties.
[Signatures on Following Pages]
75 16498.00001\9162190.1
SIGNATURE PAGE TO
PARTIAL SATISFACTION OF
DEVELOPMENT IMPACT FEES CREDIT AGREEMENT
CITY OF FONTANA
By:________________________________
Matthew C. Ballantyne
City Manager
TDC Boyle Partners, LLC
By:_________________________________
Stephen Batcheller
Partner
Attest:
By:________________________________
Germaine McClellan Key, City Clerk
Attest: 1
By:__________________________________
INSERT NAME
INSERT TITLE
Approved as to form:
Best Best & Krieger LLP
City Attorney
By:_____________________________
Phillip Burum, Deputy City Manager
Development Services Organization
By:_____________________________
Gia Kim
Director of Engineering/City Engineer
IN COMPLIANCE WITH INSURANCE ADMINISTRATION POLICIES/PROCEDURES
By:_____________________________
Rakesha Thomas, Director of
Human Resources and Risk Management
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDU RES
Daniel Schneider
Community Services Director
__________________________
Purchasing
1 Attestation of Consu ltant’s signature must be obtained when required by the by -laws, articles of incorporat ion or other laws, rules or regulations applicable to Consultant’s business entity. 76 Exhibit A
16498.00001\9162190.1
EXHIBIT A
TO
PARTIAL SATISFACTION OF DEVELOPMENT
IMPACT FEES CREDIT AGREEMENT
Depiction of Property
[Attached]
77 PM 20183
78 PM 20184
79 9/15/2022
Exhibit B
16498.00001\9162190.1
EXHIBIT B
TO
PARTIAL SATISFACTION OF DEVELOPMENT
IMPACT FEES CREDIT AGREEMENT
Subject Development Fees
[Attached]
80 QUANTITY UNIT FEE TOTAL
INDUSTRIAL
Building 1 - Boyle 167219 S.F.
Bulding 2 - Juniper 71428 S.F.
Subtotal 238647
Construct 8" curb LF $21.50
Construct 4" sidewalk
Construct access ramps 2 EA $9,900.00 $19,800.00
Traffic Control/Demolition/Grading/Signing & Striping 1 LS $53,302.00 $53,302.00 10% Contingency
Soft Costs 20% (10% design, 10% Construction Management) Total Intersection Improvement Cost
SUB-TOTAL
EXHIBIT B
SLOVER/JUNIPER INTERSECTION IMPROVMENTS
CIRCULATION IMPACT FEE
SUB-TOTAL
CITY OF FONTANA
IMPACT FEE AGREEMENT EXHIBIT
Juniper & Boyle Industrial Center
Transwestern
DATE:
CIRCULATION IMPACT FEE
Total Circulation Construction Cost
PM 20183 & PM 20184
3.509
3.509
$586,771.47
$250,640.85
$837,412.32
0 and gutter
Construct (7.5") AC pavement
4,167
TON
$90
$375,030.00
158
$3397.00
$451,529.00
$45,152.90
$496,681.90
$99,336.38
$596,018.28
$596,018.28
Total Obligation - Remaining Fees Due (Interchange)
$241,394.04
08-08-2022
81 QUANTITY UNIT FEE TOTAL
INDUSTRIAL
Building 1 - Boyle 8.68 Net AC $23,317.00 $202,391.56
Building 2 - Juniper Net AC $23,317.00
Subtotal - Square Footage
Construction Cost in Excess of Fees
Total Obligation - Remaining Fees Due
Jumiper Ave & Intersection
L.F. $238.00
L.F. $269.00
TRAFFIC CONTROL 1 LS $44,000.00 $44,000.00
CATCH BASIN W=28' 1 EA $16,850.00 $16,850.00
1 EA $9,875.00 $9,875.00
1 EA $4,500.00 $4,500.00
JUNCTION STRUCTURE EA
MANHOLES EA $8,300.00
LOCAL DEPRESSION 2 EA $3,500.00 $7,000.00
CONCRETE COLLAR 1 EA $2,200.00 $2,200.00
DEMO AND REPLACE ASPHALT 1 LS $62,789.91 $62,789.91
REMOVE EXISTING RCP AND CATCH BASINS 1 LS $48,965.00 $48,965.00
EXHIBIT B
STORM DRAINAGE CONSTRUCTION COST
36" RCP
STORM DRAIN IMPACT FEE
SUB-TOTAL
CITY OF FONTANA
IMPACT FEE AGREEMENT EXHIBIT
Juniper & Boyle Warehouse
Transwestern
42" RCP
CATCH BASIN W=10'
STORM DRAIN FEE -DECLEZ NORTH BENEFIT AREA
Total Storm Drain Construction Cost
VIDEO INSPECTION
10% Contingency
Soft Costs 20% (10% design, 10% Construction Management) Total Storm Drainage Construction Cost
SUB-TOTAL
Transwestern
PM 20183 & PM 20184
3.65 $85,107.05
$287,498.61
1 $3,200
$3,200.00
651
25 $154,938.00
$6,725.00
14" DIP
233
$120
$27,960.00
3 $24,900.00
$ 4 1 3 , 9 0 2 . 9 1
$41,390.29
$ 4 5 5 , 2 9 3 . 2 0
$91,058.64
$276,853.23
LF
t)
DATE: 08-08-2022
$546,351.84
$546,351.84
82 QUANTITY UNIT FEE TOTAL
Commercial/Industrial
Building 1 - Boyle 2.3976 EDU's 876.61 $2,101.76
Building 2 - Juniper 2.3976 EDU's 876.61 $2,101.76
Subtotal $4,203.52
$4,203.52
Difference (Construction cost in excess of fees)
600 LF $168.00 $100,800.00
3 EA $5,500.00 $16,500.00
SEWER CONNECTION IMPACT FEE
SUB-TOTAL
SUB-TOTAL
CITY OF FONTANA
IMPACT FEE AGREEMENT EXHIBIT
Juniper & Boyle Industrial Center
Transwestern
48" Sewer Manhole
SEWER CONNECTION IMPACT FEE
Total Eligible Sewer Connection Fees
Total Sewer Construction Cost
SEWER CONSTRUCTION COST
8" SDR 26 Sewer
10% Contingency
Soft Costs 20% (10% design, 10% Construction Management)
TOTAL SEWER CONSTRUCTION COST
Transwestern
PM 20183 & PM 20184
$ 1 1 7 , 3 0 0 . 0 0
$11,730.00
$ 1 2 9 , 0 3 0 . 0 0
$25,806.00
$ 1 5 4 , 8 3 6 . 0 0
$154,836.00
$150,632.48
DATE: 08-08-2022
EXHIBIT B
83 Exhibit C
16498.00001\9162190.1
EXHIBIT C
TO
PARTIAL SATISFACTION OF DEVELOPMENT
IMPACT FEES CREDIT AGREEMENT
Subject Improvements
[Attached]
84 85
86 87
PARCEL MAP NO. 20183, 20184
CITY OF FONT ANA
RANCHO CUCAMONGA
CASA GRANDE ROAD
CURTIS AV£.
STATE ROUTE I
210 FREEWAY
VICINITY MAP
NTS
ii(
PROJECT
--___+� LOCATION
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ffi in
OWNER / DEVELOPER
TDC BOYLE PARTNERS, LLC
3501 JAMBOREE RD. , STE 4400
NEWPORT BEACH, CA. 92660
THIENES ENGINEERING
CIVIL ENGINEERING, LAND SURVEYING, DUE DILLEGENCE
14349 FIRESTONE BLVD. LA MIRADA, CA. 90638
PH. 714.521.4811
FAX. 714.521.4172
88 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1758 Agenda Date: 10/11/2022
Agenda #: F. Category: Consent Calendar
FROM:
Planning Department
SUBJECT:
Naming Rights Agreement - Center Stage Theater
RECOMMENDATION:
1. Approve Naming Rights Agreement for the Center Stage Theater
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said agreement and/or associated approvals.
COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion. · Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
· Practice sound fiscal management by emphasizing capital formation.
DISCUSSION:
The City of Fontana will be undertaking an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Ave to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West. A significant part of this revitalization effort will be the creation of a sense of space in the area, a reason for people to visit the area and patronize the local businesses. To facilitate the implementation of this revitalization, staff has negotiated an agreement with Red Head Inc. whereby, in conjunction with the company’s professional branding team, the theater will be renovated and remarketed as the region’spremier intimate venue for live music and entertainment. In exchange for use of a trademarked name, which the city will have limited license for use of, and not less than five annual performances at no cost to the city, the agreement proposes to rename Center Stage Theater in honor of Sammy Hagar.
Mr. Hagar grew up in Fontana and attended Fontana High School. In his 50-year career in the music industry, from his first commercial success performing with the band Montrose in the 1970’s,a solo career throughout the early 1980’sand stint as the front man for Van Halen through the mid 1990’s, to performing with the Rock Supergroup the Circle, which is currently touring in the U.S., Mr. Hagar City of Fontana Printed on 10/6/2022Page 1 of 2
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89 File #: 21-1758 Agenda Date: 10/11/2022
Agenda #: F. Category: Consent Calendar
has amassed 25 platinum records, whose sales have surpassed 50 million worldwide.
The agreement proposes to honor Mr. Hagar, his connection to the City of Fontana, and his career in the music industry.
Following are key deal points of the agreement:
· In order to re-create the image of the theater, the city will retain Mr. Hagar’sbranding agent, whose resume includes rebranding and marketing campaigns for the Wynn hotel in Las Vegas, restaurants by Guy Fieri and Wolfgang Puck, album artwork and touring materials for Howie Mandel, Natalie Cole, Katie Perry, and Joe Satriani, as well as promotional materials for movie and television productions such as Sons of Anarchy, Bones, and Wes Craven’s Nightmare on Elm Street.
· The term of the agreement shall be 20 years, or until the theater is renovated again, but not less than 10 years.
· Upon re-opening of the renovated theater, Mr. Hagar will perform at the theater at least one time annually for five years at no cost to the city.
· Revenue related to merchandise developed for the new venue, if any, will be negotiated by separate agreement.
· The agreement does not create a partnership. The venue remains the sole property of the city and city retains the rights to all revenue generated by the venue, aside from net ticket sales proceeds generated specifically for performances by Mr. Hagar.
Approval of the Agreement will be a significant step in accomplishing the City’s vision and plans to dramatically revitalize the Downtown Community.
FISCAL IMPACT:
The agreement requires retention of a branding consultant and renovations to update the theater.
Monies are available for these costs, anticipated at approximately $1,800,000 total, in Fund 601 - Capital Reinvestment. Appropriate paperwork will be submitted with the First Quarter Budget Status Report.
MOTION:
Accept Staff Recommendation.
City of Fontana Printed on 10/6/2022Page 2 of 2
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90 16498.00001\40504151.6
1 NAMING RIGHTS AGREEMENT
This Agreement is executed as of this _____day of September 2022, by and between the City of Fontana (“City”) and Red Head Inc., a California corporation (“Company”) and is made with reference to the following facts:
RECITALS
A. The City is the owner of the building located on that certain real property commonly referred to as 8463 and 8457 Sierra Avenue, in the City of Fontana, County of San Bernardino and more particularly described in Exhibit “A” attached hereto (“Venue”), currently known as The Center Stage Theater in Fontana, as more particularly described in Exhibit “B” attached hereto.
B. The City wishes to convey, and Company wishes to acquire, the rights to name the Venue (“Naming Rights”) in accordance with the terms and provisions described herein.
TERMS
The Parties therefore agree as follows:
1. Grant of License. Subject to and in accordance with the terms of this Agreement, Company grants City the right to use the Intellectual Property (defined below). The foregoing license grants are of limited d uration, non -exclusive, royalty -free, worldwide, fully paid -up, irrevocable and non-assignable, except as otherwise specified in this Agreement. City agrees that the exercise of the rights gra nted hereunder wil l relate to the Ve nue, its events, operations and activities, but does not include the sale of merchandise . Notwithstanding the foregoing in this Section 1, the domain name for the Venue, any websites, social media accounts, or landing pages created specifically for or in support of Venue, shall remain property of City, provided however, City acknowledges any reference to the Intellectual Property in such domain name, website, social media account or landing page may only be used for as long as the license granted herein remains in effect. Following termination of this Agreement, all rights to use the Intellectual Property by City shall promptly end, and City shall cease all use of such Intellectual Property; provided, however, that City shall have a reasonable amount of time to remove the Intellectual Property from all signage, collateral and other materials containing such Intellectual Property. For purposes of this agreement, “Intellectual Property” shall mean the name Sammy Hagar.
City accepts and acknowledges that Company shall at all times be the sole and exclusive owner of all rights in and to the Intellectual Property, subject to the rights of the City with respect to the use thereof as set forth in this Agreement. Any use by City of the Intellectual Property beyond the use expressly authorized in this Agreement requires the additional express written consent of Company. Throughout the Term and thereafter: (i) all right, title and interest in and to the Intellectual Property and any derivatives thereof, including the goodwill associated therewith, shall remain vested in the Company, subject to the rights of the Company with respect to the use thereof as set forth in this Agreement, and (ii) all use of the Intellectual Property shall inure to the benefit of Company. Ci ty shall not use or register any tr ademark which is confusingly similar to the Intellectual Property without the prior written approval of Company. City shall ensure that no use by ATTACHMENT NO. 1
91 16498.00001\40504151.6
2 City of the Intellectual Property is unflattering or disparaging and that no statement is made by City that disparages Company, its affiliates, or Sammy Hagar (“Artist”).
2. Naming Rights. For the consideration described herein, the City agrees to rename the Venue in honor of the Artist and that such name shall include the words “SAMMY HAGAR,” or such words as chosen by Company’s designated Agent, as defined below, and agreed to by City, and that any advertising and promotions involving the Venue by the City will include the full name of the Venue as set forth in this Agreement. Subject to the terms of this Agreement, the new name of the Venue shall remain until the expiration or termination of the Term (defined below) or such time as the Venue requires renovation or reprograming for use other than for live music performances.
Except as herein provided, City represents and warrants to Company, subject to the rights of termination as defined below, that the Venue shall not be reprogrammed or renovated for at least 10 years from execution of this Agreement. City further agrees to provide Company with an opportunity to provide input on (i) sound , li ghting, and design of the renovation of the Venue, which is anticipated to occur prior to June 1, 2023; (ii) the performers who will be contracted to perform at the Venue; and (iii) ticket pricing for performances by the Artist; provided, however, that all final decisions regarding (i), (ii), and (iii) above, including, without limitation, the cost and timing of the renovation, will be at the sole discretion of the City.
3. Consideration. In consideration for this Agreement with respect to the naming of the Venue as set forth herein, for the term of this Agreement, as defined below, Company agrees that Artist shall perform annually for a minimum of sixty (60) minutes per calendar year for five (5) years to the Venue at no cost to the City, and to allow the City to use Artist’s image and likeness in advertising for the Venu e. Annual performance requirements by Artist may include, at Artist’s option, a Live-Hosted Event by Artist. Live-Hosted Events may include performances by Artist or performers selected by Artist for the purpose of creating a unique entertainment event. All Live- Hosted Events shall be conducted consistent with City programing and content policies for the Venue. Any use of Artist’s image and likeness will be developed with and approved by Artist or Artist’s designated Agent, as defined below.
In the event the Consideration is not provided within the calendar year, City will provide written notice of such delinquency to Company. Failure by Company to provide such Consideration within thirty (30) calendar days following the date of such notice will constitute a material default under this Agreement.
4. Agent. As of the date of this Agreement, Company has appointed Todd Gallopo of Meat and Potatoes, Inc., a California corporation (“Agent”), as Company’s exclusive agent for the purpose of approving the use of Artist’s image and likeness. City shall enter into a written agreement for services with Agent for Agent’s input in the renovation, rebranding, and renaming of the Venue. City shall bear the full cost and expense of Agent’s services. The full scope of services to be performed by Agent is described on Exhibit “C” attached hereto. City will have the right to rely on the approval of Agent for the purposes of this Section 4 and the above Section 2 until such time as Company provides written notice to City of a change in Agent.
City shall be solely responsible for all costs associated with the ownership, maintenance, and operation of the Venue, including all costs associated with the renovation, rebranding, redesigning, 92 16498.00001\40504151.6
3 and renaming the Venue as provided by this Agreement. City further agrees that , for each performance by the Artist at the Venue, it shall: (i) remit to Company all of the net proceeds from ticket sales from Artist’s performances (gross ticket sales receipts minus all direct and actual third- party costs incurred by City related specifically to the performance by the Artist ); (ii) provide marketing and promotional mater ial in advance of each scheduled performance by Artist; (iii) record, including video and sound, all performances by Artist and, at the request of Company, provide a recording of said performance and the exclusive rights to distribution and sale of such recorded performances (subject to recognition of the Venue as the location for such performances and an acknowledgment of the City for providing the Venue). Except for providing the Company with a copy of the master recording, if available, City shall bear no costs, responsibility or liability for the reproduction, distribution and sale by Company of the recorded performance. City shall retain rights for use of any original recording from such performances by Artist for the marketing and promotion of the Venue and the City, but not for the purpose of sale or distribution. City shall not be in default of this Agreement in the event of a failure of equipment or other material issue that prevents City’s actual recording of any performance.
5. Term of Name Rights. The Term of this Agreement shall be for twenty (20) years following the date upon which the Venue opens to the public, which is currently anticipated to occur on or about May 26, 2023. City will provide written notice to Company regarding such opening date not less than sixty (60) days prior to the actual opening date.
6. Termination. City may terminate this Agreement for cause at any time. Without limiting the foregoing in this Section 6, City shall have the right to terminate this Agreement at any time if Company or Artist engages in any conduct which would be i nconsistent with the City’s values or which could cause reputational harm to the City or otherwise could lead the City to be disparaged. Company may terminate this Agreement for cause, at any time, by giving sixty (60) days written notice of termination to City, during which time City shall have the opportunity to cure the cause and/or reason(s) for termination provided in the written notice, and if so corrected, such termination shall not occur.
7. Assignment. Except as otherwise provided in this Agr eement, neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Company shall have the right to assign this Agreement and any financial interests or benefits d erived from this Agreement to an entity owned at least f ifty one percent (51%) by Company or Artist without the written consent of City.
8. Compliance with Laws . Each party shall, at its sole co st, comply with al l of the requirements of Municipal, State and Federal authorities now in force or which may hereafter be in force, pertaining to such party’s obligations under this Agreement, and shall faithfully observe in all activities, all Municipal ordinances and Sta te and Federal statutes, rules or regulations , and permitting requirements now in force or which may hereafter be in force.
9. No Partnership. City and Company shall not become or be deemed a partner or joint venture with any other party or associate in any such relationship with any other party by reason of the provisions of this Agreement.
93 16498.00001\40504151.6
4 10. Representations and Warranties.
10.1 Mutual Warranties. Each party represents and warrants to the other party that (a) this Agreement has been duly authorized, executed and delivered by such party, (b) such party has the full power and authority and is free to enter into this Agreement and to perform its obligations hereunder, (c) this Agreement constitutes such party’s valid and binding obligation, enforceable in accordance with its terms (except to the extent enforceability is limited by bankruptcy, reorganization and other similar laws affecting the rights of creditors generally and by general principles of equity), (d) except as otherwise set forth her ein, no consent of a third party is necessary to execute, deliver and perform such party’s obligations under this Ag reement and (e ) except as otherwis e set fo rth herein, the making of this Agreement and the performance of such party’s obligations hereunder do not violate an y agreement, right or obligation existing between such party and any other third party.
10.2 Company Warranties. Company represents a nd warra nts to City that (a) Company owns all right, title and interest in and to the Intellectual Property, free and clear of any liens, claims or encumbrances, (b) Company has the right and authority to license to City the rights to use the Intellectual Property, as expressly authorized in this Agreement, (c) the Intellectual Property does not infringe the copyright, trademark or other rights of any third party, and (d) the City’s use of the Intellectual Property, as author ized herein, shall not require the payment by the Company of any fees, royalties or other payment of any kind, or the grant by the Company of any right or interest, to any third party.
10.3 City Warranties. City represents and warrants to the Company that (a) City owns all right, title and interest in and to the Venue free and clear of any liens, claims or encumbrances, and (b) there is no litigation, action or other proceeding pending or threatened against City or any of its assets, properties or rights that relates to this Agreement or would reasonably be expected to impair, restrict or prohibit City’s ability to perform its obligations hereunder.
11. Indemnification.
11.1 Company shall indemnify, defend (if requested by and with counsel satisfactory to City) and hold harmless City and its officers, Council Members, agents and employees against any and all liability, claims, actions, causes of action or dema nds whatsoever against them, or any of them arising out of or connected with, or caused by (i) the sole active negligence or willful misconduct of Company, Company’s employees, agents, independent contractors, companies or subcontractors in performance of, or in any way arising from, Artist’s performances at the Venue pursuant to Section 3, or (ii) breach by Company of Company’s warranties pursuant to Section 10. In no event shall the Company’s indemnification or hold harmless obligations in this Agreement be construed as requiring Company to indemnify or hold harmless City for any damages or injuries to the ext ent caused by the negligence or willful misconduct of City or its employees, agents, independent contractors or subcontractors or their respective officers, directors, managers, equity holders, agents, employees or representatives.
94 16498.00001\40504151.6
5 11.2 City shall indemnify, defend (if requested by and with counsel satisfactory to Company) and save free and harmless the Company, Artist, its affiliates, employees, agents, and representatives, individually and collectively, from all claims, demands, suits, causes of action, liability, judgments, damages, costs and expenses (including reasonable attorneys’ fees and court costs) of any person or persons arising out of, in connection with or as a result of (a) a breach by City its representations, warranties or covenants under this Agreement, or (b) death or bodily injuries to persons or damage to or loss of property occasioned by or in connection with Venue or any other matter connected to or arising from Venue, including all matters arising from the activities of contractors or sub-contractors of City, Venue or their designees, which claims are not the result of the sole negligence of the Artist.
12. Insurance. Throughout the Term, the City shall maintain in full force and effect Commercial General Liability Insurance with commercially rea sonable limits a nd terms and conditions, but in any event, not less than the greater of (x) One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate in Commercial General Liability Insurance and (y) those limits and terms and conditions required by applicable Law, which insurance shall (a) contain broad form contractual liability endorsement, (b) insure against claims for bodily injury (including death), property damage, personal injury and advertising injury, (c ) name as additional insureds each of the following: Red Head Inc., Sammy Hagar, his affiliated companies, their officers, employees, agents, representatives and licensees, Tom Consolo and TC Management Inc, (d) provide that it may not be canceled, terminated, reduced, materially changed, or allowed to expire without renewal unless at least thirty (30) days advance notice has been given to Company, (e) be written by one or more insurers that have a policyholder’s rating of not less than A VIII in the most current edition of Best’s R ating Guide, and (f) if available, upon commercially reasonable terms, contain a waiver of the insurer’s rights o f subrogation. Such liability insurance shall be primary to the Company’s insurance, shall contain a severability of interests cla use and shall not eliminate cross-liability claims. The limits of such insurance shall not limit the liabili ty of the Parties. The coverage for an additional insured shall apply on a primary basis and shall be to the full limits of liability purchased by C ity, even if t hose limits are in e xcess of those required by this Agreement. City, Venue or their designees shall require that all contractors or sub-contractors of City, Venue or their designees engaged in connection with the Venue provide indemnities and insurance to Company, the Artist, its officers, employees, agents and licensees (individually and collectively) consistent with the requirements of this paragraph, including but not limited to worker's compensation insurance. This Section shall survive any termination or expiration of this Agreement.
13. Dispute Resolution. The parties agree that all decisions of fact and law in any action brought in connection with any action, proceeding or counterclaim brought by either City or Company against the other shall be decided, at the option of either party, by a referee appointed by the court in accordance with applica ble state reference procedures. The referee shall be a retired judge, agreed upon by the parties, from either the American Arbitration Association (“AAA”) or Judicial Arbitration and Mediatio n Service, Inc. (“JAMS”). If the parties cannot agree on the referee, the party who initially selected the reference procedure shall request a panel of ten retired judges from either AAA or JAMS, and the court shall select the referee from that panel. The costs of the reference procedure, including the fee for the court reporter, shall be borne equally by the parties as the costs are incurred. If a party fails to pay its portion of the costs as incurred, then that party shall forfeit the right to prosecute or defend the action. The referee shall hear all pre-trial and post- 95 16498.00001\40504151.6
6 trial matters, including requests for equitable relief; prepare an award with written findings of fact and conclusions of law; and apportion costs as appropriate. Judgment upon the aw ard shall be entered in the court in which such proceeding was commenced and all parties shall have full rights of appeal.
City Initials: __________ Company Initials: __________
14. Notices. Any and all notices required or permitted to be given hereunder shall be in writing and shall be personally delivered, sent by recognized overnight delivery service or mailed by certified or registered mail, return receipt requested, postage prepaid, to the parties at the addresses indicated below:
To City: City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: City Manager
To Company: Red Head Inc.
P.O. Box 5395
Novato, CA 94948
Attention: Renata Ravina
Any party may change its address by a notice given to the other party in the manner set forth above.
Any notice give n personally shall be deemed to have been given up on service, notices sent by overnight service shall be deemed received on the next business day and any no tice given by certified or registered mail shall be deemed to have been given on the third (3rd) business day after such notice is mailed.
15. Confidentiality. To the extent permitted by law, each party shall retain in confidence the terms and conditions of this Agreement. Company acknowledges City is a public entity and as such, this Agreement shall be subject to the Public Records Act and the Freedom of Information Act.
16. Miscellaneous.
16.1 Integration. This Agreement supersedes all prior agreements and understandings between the parties relating to the subject matter hereof. Neither of the parties has relied upon any oral or written representation or oral or written information given to it by any representative of the other party.
16.2 Binding Effect. This Agreement shall bind and inure to the benefit of the parties, their respective heirs, successors and assigns.
16.3 Construction of Agreement. This Agreement will be liberally construed to effectuate the intention of the parties with r espect to the transaction described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or 96 16498.00001\40504151.6
7 provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or res olved again st eith er party, under any rule of construction or otherwise, it being expressly understood and agreed that the parties have participated equally or have had equal opportunity to participate in the drafting hereof.
16.4 Force Majeure. Neither party shall be liable or responsible for any failure to perform its obligations hereunder, which failure is caused or brought about in any manner beyond the reasonable control of such party including, without limitation, strike, riot, act of God, terrorist acts, feder al, sta te, or local governm ent or i naction, declared pandemics, serious illness, or any other similar act or condition beyond its reasonable control, other than such party’s inability to perform payment obligations. Upon the occurrence of any s uch event, the affected party’s obligations hereunder shall be suspended and the other party shall have no right to seek damages or terminate this Agreement, provided the affected party acts diligently to effect timely performance of its obligations.
16.5 Amendment/Modification. No change or modification of the terms or provisions of this Agreement shall be deemed vali d unless in writing and signed by both parties.
16.6 Governing Law. This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of California.
16.7 Waiver. No waiver of any breach or default shall be construed as a continuing waiver of any provision or as a waiver of any other or subsequent breach of any provision contained in this Agreement.
16.8 Headings. The headings of Sections of this Agreement have been inserted for convenience of reference only and shall not affect the interpretation of any of the provisions of this Agreement.
16.9 Attorneys’ Fees. In the event of any action or proceeding to e nforce or construe any of the provisions of this Agreement, the prevailing party in any such action or proceeding shall be entitled to attorneys’ fees and costs.
16.10 Calculation of Dates . Unless the context other wise requires, all periods terminating on a given day, period of days, or date shall terminate at 5:00 p.m. on such date or dates and references to “days” shall refer to calendar days; provided, however, in the event that any period terminates on a Saturday, Sunday or City holiday, the termination of such period shall be on the next succeeding business day. The time in which any act provided under this Agreeme nt is to be done, shall be computed by excluding t he first day and including the last, unless the last is a Saturday, Sunday or City holiday, and then it is also so excluded.
16.11 Time of Essence. Time is of the essence as to each and eve ry provision of this Agreement.
16.12 Counterparts. This Agreement may be executed in counterparts and when so 97 16498.00001\40504151.6
8 executed by the parties, shall become binding upon them and each such counterpart will be an original document.
16.13 Sale of Goods . Nothing in this Agreement s hall prohibit Company, or affiliates of Company, from providing additional goods, services, or merchandise to Venue for sale at Venue. Nothing in this Agreement shall entitle Company or affiliates of Company to the sale of specific goods, products or merch andise at Venue. Company, at Company’s election, shall be entitled to participate in any competitive process that may be required for sale or distribution of goods, services, products or merchandise at Venue.
16.14 Venue Sponsorships. City, in City’s sole and absolute discretion, may elect to sell sponsorship opportunities for and within Venue . Company shall have first rights of refusal for any sponsor ship opportuni ties offered by City at Venu e. Company shall be notified in writing of opportunity for sponsorship. Company shall confirm election of any offered sponsorship opportuni ty within 30 days or shall be deemed to have denied opportunity which shall release City from any liability or obligation to Company regarding the terms of this section 16.14.
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98 16498.00001\40504151.6
9 CITY OF FONTANA RED HEAD INC.
By: _________________________ By: _________________________ Matthew Ballantyne, City Manager Name:
ATTEST:
By: _________________________
APPROVED AS TO FORM:
By: _________________________
Jennifer Farrell
Assistant City Attorney
99 16498.00001\40504151.6
10 EXHIBIT “A”
LEGAL DESCRIPTION OF
8463
SIERRA AVENUE PROPERTY (THEATER PROPERTY)
AND
8457 SIERRA AVENUE PROPERTY (ADJACENT BUILDING PROPERTY) Theater Property:
Assessor's Parcel No.: 0192-041-04
All that real property situated in the City of Fontana, County of San Bernardino, State of CA, described as: That portion of Block 17, Fontana Townsite, Tract No. 2266, in the City of Fontana, County of San Bernardino, State of California, as per Plat recorded in Book 32 of Maps, Pages 43 to 53, Inclusive, Records of said County, described as follows:
Beginning at a point on the westerly boundary line of said Block 17, 142.60 feet north of the southwest corner of said Block;
thence northerly along the along the westerly line of said Block 17, 75 feet to a point; thence easterly and parallel to the northerly line of Arrow Highway, 156 feet to a point; thence southerly and parallel to the westerly line of said Block 17, 55 feet; thence westerly and parallel to the northerly line of Arrow Highway, to the point of beginning.
A.P.N.: 0192-041-05
Beginning at a point in the Westerly boundary line of Block 17, Tract no. 2266, Fontana Townsite, in the county of San Bernardino, State of California, 217.6 feet North of the Southwest corner of said block; thence North 30 feet along said westerly boundary of said block to a point; thence Easterly and parallel to Arrow Highway, a distance of 156 feet to a point; thence South and parallel to the Westerly boundary, a distance of 30 feet to a point, thence West and parallel to Arrow Highway, a distance of 156 feet to the point of beginning, as per plat recorded in Book 32 of Maps, pages 43 to 53, both inclusive, records of said county. 100
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11 EXHIBIT “B”
DESCRIPTION OF PUBLIC PLACE OR BUILDING FOR NAMING RIGHTS 101
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12 EXHIBIT “C”
Scope of Services by Artist’s Agent
OVERVIEW:
Agent will provide creative direction, consulting and design services and work with the City to re-brand the Center Stage Theatre into a modern mu sic venue. Agent w ill provide the following scope of services.
SCOPE:
Phase 1: Brand development
Agent will begin with a kick-off meeting to download all pertinent information and ideation from the Artist and City , as well as an on -site visit to review the venue, the surro unding town, and all new technology/lighting/sound upgrades that will be made to the venue. This is a key part of the re -branding development phase that helps visualize possi ble brand directions and how our brand will connect with the community and artists alike. As Agent develops a venue name and design st yle, Agent will work alongside the interior designer/architect to establ ish consistency in design from brand through the i nterior and consumer experience.
NAMING
Agent will propose naming options that incorporate Artist, his brand essence, etc., in order to position the new venue brand as a relevant and modern entertainment venue with local roots.
BRAND/VENUE STORY
The written concept / brand story will give dimension to the new brand vibe / voice and how it will connect the community and artists.
CONSUMER EXPERIENCE
The intended consumer and artist experience will be outlined early in the re-brand development phase to be used as a guide for everything from brand design to interior design, etc. Developing these experience guidelines help shape the style and design moving forward.
Phase 2: Brand Design
After the venue name has been legally cleared and approved by Artist, Logo/Wordmark Design phase will begin.
LOGO DESIGN
Agent will provide 3-5 initial logo designs in black and white, with 3 rounds of changes to arrive at the final design. Then a color palette will be developed. 102
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13 LOGO STYLE GUIDE
Logo usage guidelines, color palette, supporting typeface styles, etc. will be included in a document that represents the “true north” moving forward to keep the visual look of the brand consistent. This guide is useful for the design of all collateral, website, merchandise, etc.
SIGNAGE PACKAGE
Agent will create the on-property signage package for the venue, including a new marquee sign and wayfinding signage package. We will also assess the external lighting on the venue to consult on aesthetics and if additional accent signage would be necessary for the venue. If so, we will design accordingly. M+P will work with the client’s preferred signage vendor for collaboration on signage materials, installation options, concerns & locations. M+P will travel to location for a walkthrough of the property and plot signage locations. If necessary, technical plans and permits will need to be handled by signage vendor. Note:
M+P will need any area renderings and/or plan drawings developed by the architectural firm.
Phase 3: Brand Finalization
Agent will complete the branding package by designing materials to set the venue and the booking/sales/promotion team up for success. These materials include, but are not limited to the following:
BRAND GUIDE
A multi-page document will be developed that includes: brand story, consumer experience, artist experience, brand pillars, final logo, color palette, additional brand design elements, supporting typefaces, etc.
COLLATERAL
Agent will design supporting collateral for the venue: Business cards, letterhead, email signature.
ARTIST BOOKING DECK
Agent will develop a several page deck to be used as a tool for soliciting artists/talent/management/agents. This will outline, in general terms, the venue specifications, technology, F&B, and artist experience.
SALES DECK
Agent will develop a several page deck to be used as a tool for soliciting private and corporate events. Different from the artist deck, this will outline, in more detailed terms, the venue specifications, technology, F&B and consumer experience.
103
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14 VENUE CALENDAR/AD TEMPLATE
Agent will develop an ad template in several sizes/dimensions for print publications and social media (Facebook & Instagram). In future, these files can be easily updated by the theatre’s inhouse designer to maintain the brand look and feel.
Ongoing obligations:
CONSULTING/PROJECT MANAGEMENT
Agent will work directly with the interior designer/architect to develop a balanced re- design of the environment to achieve the desired consumer experience. Additionally, Agent will work with all vendors involved in the new venue.
AGENT’S SCOPE HEREIN INCLUDES:
- Creative Direction & Design
- Project management
- Strategic input / Consulting
- 3 rounds of revision per concept, per phase
- Printing/production consultation
AGENT’S SCOPE HEREIN DOES NOT INCLUDE:
- Stock imagery
- Photoshoots of completed space or of imagery needed for decks. - Travel costs
- Cost or management of legal clearances
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1760 Agenda Date: 10/11/2022
Agenda #: G. Category: Consent Calendar
FROM:
Planning Department
SUBJECT:
Purchase and Sale Agreement for 16766 Arrow Blvd. - Downtown Fontana Property RECOMMENDATION:
1. Approve a Purchase & Sale Agreement for the purchase of a building and associated land located on the north side of Arrow Blvd, east of Juniper in Downtown Fontana, more specifically described as APN #0191-162-09.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion.
DISCUSSION:
The City of Fontana will be undertaking an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Ave to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West. A primary component of this revitalization effort will require the acquisition, demolition, replanning, and redevelopment of several key properties within the area. To facilitate the implementation of this revitalization, the City will be acquiring various properties in Downtown Fontana. Notwithstanding the fact that any structures that exist on parcels being acquired will be demolished and therefore have no future value, parcels are being acquired at market rate based on values attributable to their current use.
The subject property recently became available for acquisition. The approximately 6,500 square foot parcel includes a building of approximately 5,600 square feet.
The city and the seller’s brokers have reached agreement on a Purchase Agreement with the following proposed deal-points:
· The City of Fontana would acquire the property for the price of $1,250,000. · The City of Fontana and seller SW Events will equally split any/all escrow and title fees as City of Fontana Printed on 10/6/2022Page 1 of 2
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appropriate.
· The City will have sixty days to perform any due diligence on the subject property, including completion of an environmental assessment and title review. · Following the due-diligence period the city will have a fifteen-day financing period to complete all wire-transfers and documents necessary for the close of escrow.
Approval of the Purchase Agreement and acquisition of the subject property will assist with the assemblage of various properties located in Downtown Fontana. That assemblage will facilitate the City’s vision and plans to dramatically revitalize the Downtown Community.
FISCAL IMPACT:
Monies are available for the purchase of these properties (total cost of approximately $1,300,000, including escrow costs and appropriate fees) in Fund 602 - Capital Improvement. Appropriate paperwork will be submitted to the Budget Office with the First Quarter Budget Status Report.
MOTION:
Approve staff recommendation.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1761 Agenda Date: 10/11/2022
Agenda #: H. Category: Consent Calendar
FROM:
Planning Department
SUBJECT:
Purchase and Sale Agreement for 8443 Nuevo Avenue - Downtown Fontana Property RECOMMENDATION:
1. Approve a Purchase & Sale Agreement for the purchase of a building and associated land located on the southeast corner of Nuevo Avenue and Spring Street in Downtown Fontana, more specifically described as APN #0191-163-27.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion.
DISCUSSION:
The City of Fontana will be undertaking an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Ave to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West. A primary component of this revitalization effort will require the acquisition, demolition, replanning, and redevelopment of several key properties within the area. To facilitate the implementation of this revitalization, the City will be acquiring various properties in Downtown Fontana. Notwithstanding the fact that any structures that exist on parcels being acquired will be demolished and therefore have no future value, parcels are being acquired at market rate based on values attributable to their current use.
The subject property recently became available for acquisition. The approximately 15,200 square foot parcel includes a building of approximately 7,000 square feet.
The city and the seller’s brokers have reached agreement on a Purchase Agreement with the following proposed deal-points:
· The City of Fontana would acquire the property for the price of $1,625,000. · The City of Fontana and sellers Doris Purola and Carole Peacock will equally split any/all City of Fontana Printed on 10/6/2022Page 1 of 2
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escrow and title fees as appropriate.
· The City will have sixty days to perform any due diligence on the subject property, including completion of an environmental assessment and title review. · Following the due-diligence period the city will have a fifteen-day financing period to complete all wire-transfers and documents necessary for the close of escrow.
Approval of the Purchase Agreement and acquisition of the subject property will assist with the assemblage of various properties located in Downtown Fontana. That assemblage will facilitate the City’s vision and plans to dramatically revitalize the Downtown Community.
FISCAL IMPACT:
Monies are available for the purchase of these properties (total cost of approximately $1,690,000, including escrow costs and appropriate fees) in Fund 602 - Capital Improvement. Appropriate paperwork will be submitted to the Budget Office with the First Quarter Budget Status Report.
MOTION:
Approve staff recommendation.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1762 Agenda Date: 10/11/2022
Agenda #: I. Category: Consent Calendar
FROM:
Planning Department
SUBJECT:
Purchase and Sale Agreement for 16762 Spring St. - Downtown Fontana Property RECOMMENDATION:
1. Approve a Purchase & Sale Agreement for the purchase of a building and associated land located on the north side of Spring Street, east of Juniper in Downtown Fontana, more specifically described as APN #0191-161-29.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion.
DISCUSSION:
The City of Fontana will be undertaking an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Ave to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West. A primary component of this revitalization effort will require the acquisition, demolition, replanning, and redevelopment of several key properties within the area. To facilitate the implementation of this revitalization, the City will be acquiring various properties in Downtown Fontana. Notwithstanding the fact that any structures that exist on parcels being acquired will be demolished and therefore have no future value, parcels are being acquired at market rate based on values attributable to their current use.
The subject property recently became available for acquisition. The approximately 5,800 square foot parcel includes a building of approximately 1,500 square feet.
The city and the seller’s brokers have reached agreement on a Purchase Agreement with the following proposed deal-points:
· The City of Fontana would acquire the property for the price of $425,000. · The City of Fontana and seller Jack Van Blarcom will equally split any/all escrow and title fees as appropriate.
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· The City will have sixty days to perform any due diligence on the subject property, including completion of an environmental assessment and title review. · Following the due-diligence period the city will have a fifteen-day financing period to complete all wire-transfers and documents necessary for the close of escrow.
Approval of the Purchase Agreement and acquisition of the subject property will assist with the assemblage of various properties located in Downtown Fontana. That assemblage will facilitate the City’s vision and plans to dramatically revitalize the Downtown Community.
FISCAL IMPACT:
Monies are available for the purchase of these properties (total cost of approximately $445,000, including escrow costs and appropriate fees) - in Fund 602 - Capital Improvements. Appropriate paperwork will be submitted to the Budget Office with the First Quarter Budget Status Report.
MOTION:
Approve staff recommendation.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1763 Agenda Date: 10/11/2022
Agenda #: J. Category: Consent Calendar
FROM:
Planning Department
SUBJECT:
Purchase and Sale Agreement for 16717 Spring St. - Downtown Fontana Property RECOMMENDATION:
1. Approve a Purchase & Sale Agreement for the purchase of a building and associated land located on the south side of Spring Street, just east of Juniper in Downtown Fontana, more specifically described as APN #0191-162-18.
2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.
COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion.
DISCUSSION:
The City of Fontana will be undertaking an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Ave to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West. A primary component of this revitalization effort will require the acquisition, demolition, replanning, and redevelopment of several key properties within the area. To facilitate the implementation of this revitalization, the City will be acquiring various properties in Downtown Fontana. Notwithstanding the fact that any structures that exist on parcels being acquired will be demolished and therefore have no future value, parcels are being acquired at market rate based on values attributable to their current use.
The subject property recently became available for acquisition. The approximately 6,500 square foot parcel includes a building of approximately 2,400 square feet.
The city and the seller’s brokers have reached agreement on a Purchase Agreement with the following proposed deal-points:
· The City of Fontana would acquire the property for the price of $520,000. · The City of Fontana and seller Eva Sandoval will equally split any/all escrow and title fees as City of Fontana Printed on 10/6/2022Page 1 of 2
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appropriate.
· The City will have sixty days to perform any due diligence on the subject property, including completion of an environmental assessment and title review. · Following the due-diligence period the city will have a fifteen-day financing period to complete all wire-transfers and documents necessary for the close of escrow.
Approval of the Purchase Agreement and acquisition of the subject property will assist with the assemblage of various properties located in Downtown Fontana. That assemblage will facilitate the City’s vision and plans to dramatically revitalize the Downtown Community.
FISCAL IMPACT:
Monies are available for the purchase of these properties (total cost of approximately $535,000, including escrow costs and appropriate fees) in Fund 602 - Capital Improvement. Appropriate paperwork will be submitted to the Budget Office with the First Quarter Budget Status Report.
MOTION:
Approve staff recommendation.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1743 Agenda Date: 10/11/2022
Agenda #: A. Category: Public Hearing
FROM:
Planning Department
SUBJECT:
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).
RECOMMENDATION:
(a) Determine that the project is Categorically Exempt pursuant to Sections 15060(c), Section No. 15061 (B)(3) (the “common sense” exemption), Section 15378 and Sections No. 3.01, 3.22, and
10.59 of the 2019 Local Guidelines for implementing the CEQA, and direct staff to file a Notice of Exemption; and
(b) Read by title only and waive further reading of and introduce Ordinance No. 1906, an Ordinance of the City Council of the City of Fontana approving Master Case No. 22-110 and Municipal Code Amendment No. 22-007 amending Sections of Chapter 2, Chapter 25, Chapter 26, and Chapter 30 to remove the Development Advisory Board (DAB); amending Chapter 9 to revise the definition of “sensitive receptors”; amending Chapter 30 to exempt the City from certain zoning regulations for City owned, controlled, or leased properties or facilities; amending Chapter 30 to allow development projects over two acres to develop common open space; adding Article XV to Chapter 30 creating a No Net Loss density bonus/replacement program; and amending Section 30-489 and Table Nos. 30- 489 and 30-453 to rename commercial cannabis to cannabis retail stores and reference special regulations for same; and making minor modifications to Chapter 33 related to phasing and authorization letters for permit applications; and the reading of the title constitutes the first thereof.
COUNCIL GOALS:
· Promote economic development by pursuing business attraction, retention, and expansion.
· Promote economic development by establishing a quick, consistent development process.
DISCUSSION:
Background:
The Planning Commission reviewed Master Case No. 22-110 and Municipal Code Amendment No. 22-007 during its September 20, 2022 meeting. At the conclusion of the hearing, the Planning Commission adopted Resolution PC No. 2022-040 to recommend approval of Municipal Code City of Fontana Printed on 10/6/2022Page 1 of 4
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File #: 21-1743 Agenda Date: 10/11/2022
Agenda #: A. Category: Public Hearing
Amendment No. 22-007 to the City Council.
Analysis:
The City is proposing approval of Municipal Code Amendment No. 22-007 to update Chapter 2, 25, 26, and 30 to remove the Development Advisory Board (DAB) process; Chapter 9 to revise the definition of sensitive receptors; Chapter 30 to modify park/open space requirements within the Form Based Code, add language for density bonus/replacement units to address Senate Bill 330, and provide exemptions for City initiated projects; and Chapter 30 and Chapter 33 to make minor text modifications to the Cannabis Business regulations. The amendments are proposed in order to provide flexibility, clarity, and streamlining of the City’s Municipal Code.
The following is a brief summary of the proposed amendments. A detailed list of the proposed amendments are provided under the Ordinance, attached to this staff report as Attachment No. 1.
1. Revisions to Chapter 2, 25, and 26 and 30: This amendment includes the removal of all references to the Development Advisory Board (DAB) process. This will enable staff to facilitate the processing of development projects in a more efficient manner by streamlining the development process.
2. Revisions to Chapter 9, Section 9-71: With implementation of the recently-approved Sustainability Ordinance, staff has identified requirements related to certain (generally nonconforming) residential properties, which are identified as sensitive receptors but which also contain industrial or commercial uses - including storage - operating on the same property as the residence, are resulting in undesirable design outcomes for proposed development adjacent to these properties. For example, commerce center docks and truck circulation routes must be sited away from sensitive receptors, which may require relocation to an area adjacent to the street right of way resulting in a less desirable visual aesthetic, while having little to no beneficial effect on a residence already surrounded by, or at least co-located with, industrial or similar uses. As a result, staff proposes amending the definition of sensitive receptors as identified in the ordinance. Subsequent to the Planning Commission’s consideration, minor language was added to allow for future interpretations by the Director of Planning should it be necessary.
3. Revisions to Chapter 30: These amendments will add to or update various sections of the zoning and development code including adding language for city-initiated projects eliminating the requirement to comply with development standards and entitlement requirements, modifying regulations related to Form Based Code open space requirements, and establishing a program for residential replacement units to address SB 330:
Add language to Chapter 30, Section 30-4: Public Projects: Division 1 of Article I of the Development Code does not currently exclude “public projects”; the proposed addition of language to the Development Code of Section 30-3.1 to Chapter 30 will improve the efficiency of public projects by eliminating the need to comply with specific development standards and the requirement for entitlement approvals following the City Council’s direction to initiate public projects.
Add language to Chapter 30, Section 30-399 through 404: Public Open Space: Division City of Fontana Printed on 10/6/2022Page 2 of 4
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File #: 21-1743 Agenda Date: 10/11/2022
Agenda #: A. Category: Public Hearing
Add language to Chapter 30, Section 30-399 through 404: Public Open Space: Division 10 of Article 3 of the Development Code will be amended to allow developers to build common open space or public open space that includes amenities. Currently, developers are required to provide public open space for projects over two acres. The public open space was intended to be open to the public and constructed on private properties along street frontages; however, Planning staff has determined this can be a challenge for projects with narrower lots and interior amenities and that the provision of amenities for project residents would provide similar benefit.
Add Article XV (No Net Loss/Density Bonus Program) to Chapter 30: The proposed Development Code Amendment would establish a “No Net Loss Program” to provide that concurrent with the approval of any change in zone from a residential use to a less intensive or non-residential use, replacement units in the form of 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 changes will incentivize residential development and ensure that there is no net loss of residential capacity within the City as required by Senate Bill 330 (“SB 330”).
This ordinance provides a mechanism that maintains the total number of potential residential units available to build within the city while also providing immediate and direct incentives for development of properties that may otherwise remain undeveloped.
Many cities, including Fontana prior to adoption of the proposed ordinance, address the SB 330 requirements by concurrent rezoning of properties, whereby a reduction in residential uses proposed on one property must be offset by a concurrent rezoning of a separate property that increases residential development potential by the same number of units “lost”on the primary property. Effectively, while meeting the letter of the law, this process focuses on potential development rather than encouraging actual development.
This new ordinance provides a density bonus of up to 20% above current zoning, available on a first come, first serve basis, for any landowner or developer within the city. This process provides a valuable incentive for new residential development and places the onus for increased housing activity with the market and the development community.
This approach to meeting the requirements of SB 330 is more flexible and facilitative than simply rezoning a specific alternative property. It is targeted to facilitate development for those who are demonstrably ready, willing, and able to move forward with the development process as evidenced by submittal of entitlements for residential development, whereas a rezoned property may or may not have a property owner that is ready, willing, and able to develop.
Additionally, SB 330 specifically provides for alternative approaches beyond just rezoning property to ensure no net loss in residential capacity. Government Code Section 66300 (i)(1) states that “Thissection does not prohibit an affected county or an affected city from changing a land use designation or zoning ordinance to a less intensive use if the city or county concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity”(emphasis added). The proposed ordinance would ensure that upon rezoning properties subject to SB 330, the development City of Fontana Printed on 10/6/2022Page 3 of 4
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Agenda #: A. Category: Public Hearing
would ensure that upon rezoning properties subject to SB 330, the development standards, policies, and conditions applicable to other parcels are concurrently changed to ensure no net loss in residential capacity. Multiple other cities have adopted similar ordinances to meet the requirements of SB 330.
4. Revisions to Chapter 30 and Chapter 33: These amendments include clarifying inconsistencies with the cannabis application process and land use titles located within permitted uses tables.
In summary, the proposed amendments are proposed in order to provide flexibility in, and streamlining of, the Municipal Code.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation
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ORDINANCE NO. 1906
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FONTANA, CALIFORNIA, APPROVING MASTER CASE NO.
22-110 AND MUNICIPAL CODE AMENDMENT (MCA) NO.
22-007 AMENDING SECTIONS OF CHAPTERS 2, 25, 26,
AND 30 TO ELIMINATE THE D EVELOPMENT ADVISORY
BOARD (DAB); AMENDING CHAPTER 9 TO REVISE THE
DEFINITION OF “SENSITIVE RECEPTORS ”; AMENDING
CHAPTER 30 TO EXEMPT THE CITY FROM CERTAIN
ZONING REGULATIONS FOR CITY OWNED,
CONTROLLED, OR LEASED PROPERTIES OR FACILITIES;
AMENDING CHAPTER 30 TO ALLOW DEVELOPMENT
PROJECTS OVER TWO ACRES TO DEVELOP COMMON
SPACE; ADDING ARTICLE XV TO CHAPTER 30 CREATING
A NO NET LESS DENSITY BONUS /REPLACEMENT
PROGRAM; AND AMENDING SECTION 30-489 AND TABLE
NOS. 30-489 AND 30 -453 TO RENAME COMMERCIAL
CANNABIS TO CANNABIS RETAIL STORES AND
REFERENCE SPECIAL REGULATIONS FOR SAME, AND
MAKING MINOR CLARIFYING MODIFICATIONS TO
CHAPTER 33 RELATED TO PHASING AND
AUTHORIZATION LETTERS FOR PERMIT APPLICATIONS.
THE CITY CO UNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. City staff initiated Master Case No. 22 -110 and Municipal Cod e Amendment No. 22 -007 – Update to the Fontana Municipal Code for amendments to:
Chapter 2, 25, 26, and 30 to remove the Development Advisory Board (DAB) process; Chapter 9 to revise the definition of sensitive receptors; Chapter 30 to modify park/open space requirements within the Form Based Code, add language for density bonus/replacement units to address Sen ate Bill 330, and provide exemptions for City initiated projects, amend Chapter 30 Section 30-489 and Table No. 30-489 and 30-453; and Chapter 33 to include minor text modification to the Cannabis Business regulations.
Section 2. On September 20, 2022, th e Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held with respect hereto on Master Case No. 22 -110 and Municipal Code Amendment No. 22 -007 as it relate s to a request to amendment to Chapter 2, 25, 26, and 30 to remove the Development Advisory Board (DAB) process; Chapter 9 to revise the definition of sensitive receptors; Chapter 30 to modify park/open space requirements within the Form Based Code, amend Section 30-489 and Table No. 30-489 and 30-453, add language for density bonus/replacement units to address Senate Bill 330, and provide exemptions for City initiated projects; and Chapter 33 to include 229
minor text modification to the Cannabis Business re gulations. During this hearing, the Planning Commission approved Resolution PC No. 2022-040 to recommend approval to City Council of Municipal Code Amendment No. 22-007.
Section 3. On October 11 , 2022, the City Council held a duly noticed public hearing for Municipal Code Amendment No. 22 -007, received testimony, and the supporting documents in evidence, the City Council found that the Municipal Code Amendment is in conformance with the goals an d policies of the General Plan to plan Fontana as a complete community, promote a diversified economy, and promote diverse economic and social opportunities for our citizens and those who wish to invest here.
Section 4. The City of Fontana City Council hereby makes the following findings for Municipal Code Amendment No. 22 -007 accordance with Section 30 -40 “Purpose” of the Fontana Zoning and Development Code:
Finding: A Zoning and Development Code may be amended by changing the development standards (text) or zoning designation map boundaries of any zone whenever such an amendment is
deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.
Findings of Fact: The city initiated the proposed Municipal Code Amendment (Master Case No. 22 -110 and Municipal Code Amendment No. 22 -007) to amend: Chapt er 2, 25, 26, and 30 to remove the Development Advisory Board (DAB) process; Chapter 9 to revise the definition of sensitive receptors; Chapter 30 to modify park/open space requirements within the Form Based Code, amend Section 30 -489 and Tables No. 30-489 and 30-453 to clarify cannabis business titles and special regulations , add language for density
bonus/replacement units to address Senate Bill 330, and provide exemptions for City initiated projects; and Chapter 33 to include minor text modification to the Cannabis Business regulations. These amendments would provide clarity , eliminate inconsistencies, and streamline City processes, and will improve implementation of the Municipal Code which will be beneficial to the community to promote public welfare and furthers good planning principals.
Below are the Amendments to Chapters 2, 9, 25, 26, 30, and 33 of the Municipal Code.
Section 5. Chapter 2, Article VIII. – Boards, Commissions and Committees, Footnote 6 of the Code is hereby restated and amended as follows:
Footnotes:
--- (6) ---
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Cross reference — Historic preservation commission, § 5 -353 et seq.; fly abatement and appeals board, § 13 -98; parks and community services commission, § 19 -31 et seq.; planning commission, § 21 -51 et seq. ; development advisory board, § 30-1072.
Section 6. Amendments to Chapters 9 (Environmental Protection and Resource Extraction), Article V of the Municipal Code, as follows:
Sec. 9-71. - Buffering and screening/adjacent uses.
(a) For any warehouse building larger than 50,000 square feet in size, a ten- foot-wide landscaping buffer shall be required, measured from the property line of all adjacent sensitive receptors. For any warehouse building larger than 400,000 square feet in size, a 20-foot-wide landscaping buffer shall be required, measured from the property line of all adjacent sensitive receptors. The buffer area(s) shall include, at a minimum, a solid decorative wall(s) of at least ten feet in height, natural ground landscaping, an d solid screen buffering trees, as described below, unless there is an existing solid block wall. For any warehouse building equal to or less than 50,000 square feet in size, a solid decorative wall(s) of at least ten feet in height shall be required when adjacent to any sensitive receptors. Sensitive receptor shall be defined as any residence including private homes, condominiums, apartments, and living quarters, schools, preschools, daycare centers, in-home daycares, health facilities such as hospitals, long term care facilities, retirement and nursing homes, community centers, places of worship, parks (excluding trails), prisons, dormitories, and any residence including; private homes, condominiums, apartments, and living quarters, where such residence is that are not located on a parcel with an existing industrial, commercial, unpermitted or non-conforming use as determined by the Director of Planning. (b) Trees shall be used as part of the solid screen buffering treatment. Trees used for this purpose shall be evergreen, drought tolerant, minimum 36 - inch box, and shall be spaced at no greater than 40 -feet on center. The property owner and any successors in interest shall maintain these trees for the duration of ownership, ensuring any unhealthy or dead trees are replaced timely as needed.
(c) All landscaping shall be drought tolerant, and to the extent feasible, species with low biogenic emissions. Palm trees shall not be utilized. (d) All landscaping areas shall be properly irrigated for the life of the facility to allow for plants and trees to maintain growth
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(e) Trees shall be installed in automobile parking areas to provide at least 35 percent shade cover of parking areas within 15 years. Trees shall be planted that are capable of meeting this requirement.
(f) Unless physical ly impossible, loading docks and truck entries shall be oriented away from abutting sensitive receptors. To the greatest extent feasible, loading docks, truck entries, and truck drive aisles shall be located away from nearby sensitive receptors. In making feasibility decisions, the city must comply with existing laws and regulations and balance public safety and the site development's potential impacts to nearby sensitive receptors. Therefore, loading docks, truck entries, and drive aisles may be located ne arby sensitive receptors at the discretion of the planning director, but any such site design shall include measures designed to minimize overall impacts to nearby sensitive receptors. (g) For any warehouse building larger than 400,000 square feet in size, the building's loading docks shall be located a minimum of 300 feet away, measured from the property line of the sensitive receptor to the nearest dock door which does not exclusively serve electric trucks using a direct straight-line method.
Section 7. Amendments to the Municipal Code, Chapters 25 (Street, 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 wi reless 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 of 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 facilit y, 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 revi ewed 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/infrastr ucture in the public right -of-way and for projects qualifying as eligible facilities requests shall be filed with the engineering department, 232
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 appl icable 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 appl icant in writing, and specifying the material omitted from the application.
(Ord. No. 1862 , § 5(Exh. A), 1-26-21)
Section 8. Amendments to the Municipal Code, 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 section, 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 of that officer, office or department acting within the scope of the particular duties entrusted to them. 233
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 pro ceedings to subdivide the land under this article.
Public improvements includes streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilitie s 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, for the purpose of sale, lease or financing, whether immediate or future, except for leas es of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or railroad 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 stock 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 in effect at the time a notice of official filing is issued by the planning department in conformance with the state Subdivision Act.
Section 9. Amendments to the Municipal Code, Chapter 26, Article II – Tract Maps - Division 2. – Tentative Tract Map Requirements, Section 26-52 – Application is hereby restated and amended as follows:
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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 after 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.
(3) The af fected 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 following 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 d evelopment 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.
Section 10. Amendments to the Municipal Code, Chapter 30, Zo ning and Development Code, Article I. – Provisions and Definitions is hereby restated and amended as follows:
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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.
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Section 11. Amendments to the Municipal Code, 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 th e City Engineer. If the Planning 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
Section 12. Amendments to the Municipal Code, 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 hear ing 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 al so 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 nei ghbors in the affected area early in the review process, allowing the applicant and the City the benefit of citizens' comments during the initial stage of project review. A cash deposit to the City is required to ensure compliance with the notification req uirements including removal of 240
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 specifications 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.
Section 13. Amendments to the Municipal Code, 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.
Section 1 4. Amendments to the Municipal Code, 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.
Section 15. Amendments to the Municipal Code, Chapter 30, Article II. Division 8. - Area Plan and Area Plan Amendment, Subdivision I. Area Plan is hereby restated, amended, and renumbered as follows:
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Sec. 30-49. - Submission requirements.
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.
Section 16. Amendments to the Municipal Code, Chapter 30, Article II. Division 8. - Area Plan and Area Plan Amendment, Subdivision I. – Area Plan, Section 30 -51 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.
Section 17. Amendments to the Municipal Code, 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.
Section 18. Amendments to the Municipal Code, 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 242
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 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 fo r their consideration even if those changes differ from the Planning Commission comments and requests made during the informal review procedure.
Section 1 9. Amendments to the Municipal Code, 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.
Section 20. Amendments to the Municipal Code, 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.
Section 21. Amendments to the Municipal Code, 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.
Section 22. Amendments to the Municipal Code, Chapter 30, Article II, Division
10. – Administrative Site Plan, Major, Minor, Amendment, and Modification, Subdivision 243
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 a nd 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, fen ces, 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 sign s; 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.
Section 23. Amendments to the Municipal C ode, 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.
Section 24. Amendments to the Municipal Code, 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 ap plication. 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.
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Section 25. Amendments to the Municipal Code, 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.
Section 26. Amendments to the Municipal Code, 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.
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 erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or o ther characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion.” Section 27. Amendments to the Municipal Code, Chapter 30, Article I I. Division 10, Subdivision III. Administrative Site Plan Amendment, Section 30 -98 “Pre-application meeting” is hereby 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.
Section 28. Amendments to the Municipal Code, 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.
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Section 29. Amendments to the Municipal Code, 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 b e 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; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion.” Section 30. Amendments to the Municipal Code, Chapter 30, Article II. Division
10. Subdivision IV. Administrative Site Plan Modification, Section 30-108 “Pre-application meeting” 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. Projects determined minor in nature may be waived of this process by the Director of Community Development.
Section 31. Amendments to the Municipal Code, 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.
Section 32. Amendments to the Municipal Code, Chapter 30, Article II. Division
11. – Design, Review, Amendment, and 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 246
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 .
Section 33. Amendments to the Municipal Code, 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.
Section 34. Amendments to the Municipal Code, Chapter 30, Article II. Division 11, Subdivision II. Design Review Amendment, Section 30 -126 is hereby restated and amended as follows:
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 .
Section 35. Amendments to the Municipal Code, 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.
Section 36. Amendments to the Municipal Code, 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.
Section 37. Amendments to the Municipal Code, Chapter 30, Article II. – Division
11. Subdivision II. – Design Review - Modification, 30 -139. – “Development Advisory 247
Board (DAB)” review are hereby deleted in their entirety is hereby deleted and amended to read as follows:
Sec. 30-139 – Reserved.
Section 38. Amendments to the Municipal Code, 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 approve or deny applications for conditional use permit, upon review of the Development Advisory Board comments, and to impose conditions upon such approval.
Section 39. Amendments to the Municipal Code, Chapter 30, Article II. Division
12.Subdivision I. Conditional Use Permit, Section 30 -147. “Pre-application meeting” is hereby restated and amended as follows:
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 rec ommendation 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.
Section 40. Amendments to the Municipal Code, 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.
Section 41. Amendments to the Municipal Code, Chapter 30, Article II. Division 12, Subdivision II. 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 248
determined minor in nature may be waived of this process by the Director of Community Development Planning.
Section 42. Amendments to the Municipal Code, 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.
Section 43. Amendments to the Municipal Code, 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 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.
Section 44. Amendments to the Municipal Code, Chapter 30, Article II, Division 12, Conditional Use Permit, Amendment, and Modification, Subdivision III, Conditional Use Permit, Section 30 --168. “Development Adviso ry Board (DAB) review” is hereby deleted and amended to read as follows:
Sec. 30-168 – Reserved.
Section 45. Amendments to the Municipal Code, Chapter 30, Article II, Division 13, Minor Use Permit, Section 30 -175. “Pre-application meeting” is hereby restat ed 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.
Section 46. Amendments to the Municipal Code, 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.
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Section 47. Amendments to the Municipal Code, 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 fi ling 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.
Section 48. Amendments to the Municipal Code, 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.
Section 49. Amendments to the Municipal Code, Chapter 30, Article II. Division
13. – Minor Use Permits, Amendment, and Modification, Subdivision III. – Minor Use Permits Modification, Se ction 30-194 “Pre-application meeting” is hereby restated and amended as follows:
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.
Section 50. Amendments to the Municipal Code, 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.
Section 5 1. Amendments to the Municipal Code, 30, Article II, Division 14, Subdivision I. Administrative 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.
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Section 52. Amendments to the Municipal Code, 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.
Section 53. Amendments to the Municipal Code, 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.
Section 54. Amendments to the Municipal Co de, 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 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.
Section 55. Amendments to the Municipal Code, 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.
Section 56. Amendments to the Municipal Code, 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.
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Section 57. Amendments to the Municip al Code, 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 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.
Section 58. Amendments to the Municipal Code, 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.
Section 5 9. Amendments to the Municipal Code, 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 no t 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.
Section 60. Amendments to the Municipal Code, 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 her eby restated and amended as follows:
Sec. 30-280. - Authority.
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The Director of Community Development Planning or designee is authorized to approve or deny tentative parcel map applications, upon review of the Development Advisory Board comments, and to impose reasonable conditions upon such approval.
Section 61. Amendments to the Municipal Code, 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.
Section 62. Amendments to the Municipal Code, Chapter 30, Article 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.
Section 63. Amendments to the Municipal Code, 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.
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; reg ulation 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.
Section 64. Amendments to the Municipal Code, C hapter 30, Article II. Division 212. Subdivision II – Tentative Tract Map, Section 3-292, “Development Advisory Board (DAB) review” is hereby deleted and amended to read as follows:
Sec. 30-292 – Reserved.
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Section 65. Amendments to the Municipal Code, Chap ter 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.
Section 66. Amendments to the Municipal Code, Chapter 30, Article II, Di vision 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 recommendation for the project. The recommendation should be incorporated into the project prior to filing the formal application
Section 67. Amendments to the Municipal Code, 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.
Section 68. Amendments to the Municipal Code, 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:
Sec. 30-343 – Reserved.
Section 69. Amendments to the Municipal Code, Chapter 30, Article II, Division 27 Non-Conforming Structures, Section 30-353, “Special exemption to permit incremental improvements to nonconforming buildings, structures, a nd sites with administrative site 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 254
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:
(1) At the option of the Director of Community Develop ment, 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 t en 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; 255
(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 curren t 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 C ity'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.
Section 70. Amendments to the Municipal Code, Chapter 30, Article IX. Division
5. – Auto Center Overlay District, Section 30-643. – Minimum development standards, is hereby restated, renumbered, and amended as follows:
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
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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.
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.
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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 gates 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 lig hting 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) process.
2.Lighting plans shall be consistent with the ligh ting 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, 258
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.
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. T hese pilasters will 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.
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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 te chniques
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 W arren 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
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.
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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 minimum 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.
4. Solid block walls adjacent to the 210 Freeway right -of-way are prohibited. The Freewa y 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.
f. Lighting.
1. On -site lighting plans shall be submitted showing the design, intensity, layout and exact fixture mounting. Lighting 261
plans shall be reviewed and approved through the required Development Advisory Board (DAB) review process.
2. Lighting plans shall be c onsistent 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 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 210 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.
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.
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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 devel opment standards listed in planning areas 1 and 2 apply to planning areas 3 and 4.
Section 71. Amendments to the Municipal Code, 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 Developm ent Planning Department. No application shall be 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 variance is being requested shall be described in detail.
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(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 a s 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 characteristic s that make compliance with the requirements of this article difficult must be related to the 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 public streets, or increase the danger of fire or 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.
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(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 construction authorized by t he 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.
Section 72. Amendments to the Municipal Code, 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 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. 265
(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 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 266
applicable requirements of state law, and submit the plan, assurance, or amendments to the State Department of
Conservation for review. The Planning Commission may
conceptually approve the resource reclamation plan and any financial assurances bef ore submittal to the State Department of Conservation.
2. If necessary to comply with permit processing deadlines, the Planning Commission 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 wri tten 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 shall then take action to approve, conditionally approve, or deny the resource extraction permit 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 appro ved reclamation plan, and a copy of the approved financial assurance to the State Department of 267
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 co py of any resource extraction permit or reclamation plan amendments, as applicable, or a statement that there have been no changes or amendments during the previous year.
Section 73. Amendments to the Municipal Code, 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 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.
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(Supp. No. 5)
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
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
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
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
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Passive
recreation,
accessory
structure, drinking
fountains, and
paths.
fountains, and
paths.
Accessory
structures,
drinking fountains,
and paths.
Accessory
structures,
drinking fountains,
and paths.
Section 74. Amendments to the Municipal Code, 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
— —
Section 75. Amendments to the Municipal Code, Chapter 30, Article VI, Division 3, Section 30 -489 “Uses Permitted” is hereby amended to restate and amend Sec. 30- 489.-Uses Permitted, part (b), and Table No. 30-489 as follows:
(b) Uses subject to specific requirements. Permitted uses marked with an asterisk "*" indicate that the use is subject to special use regulations in Chapter 33, Section 30-491 and Chapter 15 of the Municipal Code. Conditional uses are subject to the provisions in Section 30-492.
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
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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
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
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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*
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
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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
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
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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 — — —
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
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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*
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
Section 76. Amendments to the Municipal Code, 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 res idential capacity within the City as required by SB330.
On October 9, 2019, the California Legislature adopted SB330 which, among other things, adopted Government Code Section 66300, declared a 277
Resolution PC No. 2022-_____
housing crisis in the State of California and imposed certai n requirements designed to streamline the construction of new housing, and prevent the loss of existing housing and land available for future residential use, unless the city concurrently changes the development standards, policies, and conditions applicable to other areas of the affected jurisdiction to ensure no net loss in residential capacity. SB330 became effective on January 1, 2020.
Sec. 30-966 - Definitions.
Except as otherwise expressly set forth herein, the following words and terms as used in this Chapter shall have the following meanings:
Density Bonus. A density increase of up to those percentages above the otherwise maximum residential density as specified in this Chapter.
Density Bonus/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.
Density Bonus Units . Those residential units granted pursuant to the provisions of this Chapter, that exceed the maximum residential density for the development site and that are available in the Unit Bank.
Housing Development . Construction projects consisting of five or more residential units or Lots, including single -family and multifamily, that are proposed to be constructed pursuant to this Chapter.
Lot. (1) a Lot when shown as a delineated Lot of land with a number or other designation on a parcel map or tract map and not to be used for the common benefit of other Lots recorded in the Office of the County Recorder of San Bernardino County and legally created under the Subdivision Map Act ; (2) a Lot of land held under separate ownership from adjacent property that constitutes a legal lot under applicable Law.
Maximum Residential Density . The maximum number of residential units permitted by the City's General Plan Land Use Element and Zoning and Development Code, applicable to the subject property at the time an application for the construction of a Housing Development is deemed complete by the City, excluding the additional units permitted by this Chapter.
Director of Planning. The Director of Planning of the City of Fontana.
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Unit Bank. The number of units available to the No Net Loss Program as a result of a change of zone from a resi dential use to a less intensive residential use or a non-residential use. The Director of Planning, or his or her designee, shall have the sole authority to administer and maintain the Unit Bank balances, credits and availability as he or she determines, which determination shall be final.
Sec. 30-967 - Requirements.
The City shall grant a density bonus through the No Net Loss Program to projects which meet the following criteria:
A. The project is on a parcel of at least one acre, or the applicant is processing an application concurrently with a parcel merger of two or more Lots or more which will create a Lot of not less than one-acre.
B. The project takes place in one of the following residential zones in the City:
a. Residential Estate (R-E)
b. Single-Family Residential (R-1)
c. Medium-Density Residential (R-2)
d. High-Density Residential (R-3)
e. Multi-Family/Medium-High Residential (R-4)
f. Multi-Family/High Residential (R-5
g. Residential Planned Community (R-PC)
C. In determining the number of Density Bonus Units to be granted (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 number if the fraction is below
0.5. Calculations containing fractions of 0.5 or above shall be rounded up.
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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
Sec. 30-968 - Types of Bonuses Allowed.
A. Density Bonus. The density bonus allowed by this Chapter shall consist of those density increases specified in Section 30-967 above the maximum residential density applicable to the site as of the date of the project land use permit application.
B. Mixed use zoning allows the Housing Development to include nonresidential uses. Approval of mixed-use activities in conjunction with the No Net Loss program is permissible if authorized elsewhere under the Fontana Municipal Code and subject to those requirements. A density bonus will be granted only for the residential portion of a mixed use development.
Sec. 30-969 - Development Standards.
All development standards for the base zone and/or overlay district shall be met. Granting of a density bonus does not constitute approval of or grounds for modification or waiver of any development standard or other requirement of the Fontana Municipal Code.
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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 a nd 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 Densi ty 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.
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.
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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 th is No Net Loss Program are subject to processing through the requirements in this Chapter.
Section 77. Amendments to the Municipal Code, 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 282
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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.
Section 78. Amendments to the Municipal Code, 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
(a) The City Manage r 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)
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(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 pictu re 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 guilty
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 law must
be disclosed. Juvenile Adjudications and traffic
infractions under $300 that did not involve
alcohol, dangerous drugs, or controlled
substances do not need to be included. For
each conviction, provide: (1) the date of
conviction; (2) dates of incarceration, if
applicable; (3) dates of probation, if applicabl e;
(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
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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 accurate.
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, l ease 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) Applic ant 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
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concerning any special business or professional
qualifications or licenses of the applicants and owners, and the years of relevant and related experience, tha t 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 facility 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 official or any employee of the City, shall fully disclose the name of indiv iduals 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;
2. Where the Applicant’s inventory will be
stored on the premises and how records
of the inventory will be maintained; and
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3. Procedure for performing inventory
reconciliation and f or 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 and 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 products, and to deter and prevent the
theft of cannabis or cannabis product s 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.
3. How and where all cannabis and
cannabis products will be stored in a
secured and locked room, safe, or vault.
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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 t he
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
spaces wh ere 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 a ddition,
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 mak e 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 wil l 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
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alarm system, with the required City
alarm permit as 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 applicable 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 altern ative 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 Ci ty’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 indicating 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.
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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.
12. A storage and transportation plan,
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 involv ing 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, primary caregivers, or
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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 hires; (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 organization that currently
represents cannabis workers in the United States.
(10) Seller’s Permit: The A pplicant 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 applicant 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 with 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 Agreement
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 Indemnification
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.
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(13) Each Applicant shall provide the City a Security deposit or bond for code compl iance 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:
1. Shows the boundaries of the
property and the proposed
premises to be utilized, showing
all boundaries, dimensions,
entrances and exits, interior
partitions, walls, rooms,
bathrooms, windows, door ways,
and common or common shared
entryways, and a brief statement
of the principal activity to be
conducted therein;
2. Map identifying any instruction 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;
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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 camera s 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.
(ii) The Commercial Cannabis Permit Application
Evaluator may conduct a site inspection as part
of the review.
(b) Background Check. Pursuant to Californi a Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorizes City authorities to access state and local summary criminal history 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 Federal Bureau of Investigation, every Applicant and Responsible Person of the Commercial
Cannabis Business must submit fing erprints 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.
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(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 solicit 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.
Section 79. Based on the foregoing, the City Council determines that this Ordinance qualifies for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common -sense exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.; therefore, a Notice of Exemption has been prepared.
Section 80. Based on the foregoing, the City Council of the City of Fontana hereby approves Municipal Code Amendment No. 22-007.
Section 81. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Herald News, a local newspaper of the general circulation, published and circulation in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this October 11, 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 294
Resolution PC No. 2022-_____
adopted by the City Council at a regular meeting on the 11 th day of October 2022, and was finally passed and adopted not less than five days thereafter on the 25 th day of October 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
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City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1699 Agenda Date: 9/20/2022
Agenda #: PH-E Category: Public Hearing
FROM:
Planning Department
TITLE:
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).
RECOMMENDATION:
Based on the information in the staff report staff recommends that the Planning Commission adopt Resolution PC No. 2022-___; and,
1. Determine that this Ordinance is categorically exempted pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and,
2. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 22-007 to amend Chapter 2, Chapter 9, Chapter 25, Chapter 26, Chapter 30, and Chapter 33 of the Municipal Code.
APPLICANT:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:
Citywide
REQUEST:
A Municipal Code Amendment (MCA) No. 22-007 for amendments to: Chapter 2, 25, 26, and 30 to remove the Development Advisory Board (DAB) process; Chapter 9 to revise the definition of sensitive receptors; Chapter 30 to modify park/open space requirements within the Form Based Code, add language for density bonus/replacement units to address Senate Bill 330, and provide exemptions for City initiated projects; and Chapter 33 to include minor text modification to the Cannabis Business regulations.
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File #: 21-1699 Agenda Date: 9/20/2022
Agenda #: PH-E Category: Public Hearing
PROJECT PLANNER:
Salvador Quintanilla, Senior Planner
BACKGROUND INFORMATION:
The City of Fontana Zoning and Development Code regulates the development of commercial, industrial, and residential projects. Staff has reviewed various chapters of the municipal code and determined that some of the language within the code sections need to be updated, clarified, and/or redefined to assist in streamlining the development process and create flexibility where appropriate.
Therefore, staff is proposing the following modifications to these chapters.
ANALYSIS:
The City initiated Municipal Code Amendment No. 22-007 to update 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) as summarized below; a detailed list of the proposed amendments is provided as part of Exhibit “A”of the Planning Commission Resolution (Attachment No. 1).
Revisions to Chapter 2, 25, and 26 and 30: This amendment includes the removal of all references to the Development Advisory Board (DAB) process. This will enable staff to facilitate the processing of development projects in a more timely manner and streamline the development process.
Revisions to Chapter 9, Section 9-71: With implementation of the recently-approved Sustainability Ordinance, staff has identified that requirements related to certain (generally nonconforming) residential properties, which are identified as sensitive receptors but which also contain industrial or commercial uses - including storage - operating on the same property as the residence, are resulting in undesirable design outcomes for proposed development adjacent to these properties. Commerce center docks and truck circulation routes must be sited away from sensitive receptors, which may require relocation to an area adjacent to the street right of way resulting in a less desirable visual aesthetic, while having little to no beneficial effect on a residence already surrounded by, or at least co-located with, industrial or similar uses. As a result, staff proposes amending the definition of sensitive receptors as identified.
Additional Revisions to Chapter 30: This amendment will add to or update various sections of the zoning and development code including establishing a program for residential replacement units to address SB 330, modifying regulations related to Form Based Code park/open space requirements, and adding language for city-initiated projects eliminating the need to comply with development standards and entitlement requirements.
Add Article XV (No Net Loss/Density Bonus Program) to Chapter 30:
The proposed Development Code Amendment would establish a “No Net Loss Program” to provide that concurrent with the approval of any change in zone from a residential use to a less intensive or non-residential use, replacement units in the form of 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 changes will ensure that there is no City of Fontana Printed on 9/15/2022Page 2 of 4
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File #: 21-1699 Agenda Date: 9/20/2022
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net loss of residential capacity within the City as required by Senate Bill 330 (“SB 330).
This Development Code Amendment would create a No Net Loss/Density Bonus Program wherein “replacement units” - those units no longer available for residential development based on a change in zone from a residential use to a less intensive or non-residential use - are made available to developers of residential housing dwelling units within residentially zoned districts. This approach to meeting the requirements of SB 330 is more flexible and facilitative than simply rezoning an alternative property as it encourages additional housing development by those who are demonstrably ready, willing, and able to move forward with the development process as evidenced by submittal of entitlements for residential development whereas a rezoned property may or may not have a property owner that is ready, willing, and able to develop. Additionally, SB 330 specifically provides for alternative approaches beyond just rezoning property to ensure no net loss in residential capacity. Government Code 66300Section (i)(1) states that “Thissection does not prohibit an affected county or an affected city from changing a land use designation or zoning ordinance to a less intensive use if the city or county concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity” (emphasis added). The proposed ordinance would ensure that upon rezoning properties subject to SB 330, the development standards, policies, and conditions applicable to other parcels are concurrently changed to ensure no net loss in residential capacity. Multiple other cities have adopted similar ordinances to meet the requirements of SB 330.
Add language to Chapter 30, Section 30-4: Public Projects Division 1 of Article I of the Development Code does not currently exclude “public projects”; proposed addition of language to the Development Code of Section 30-3.1 to Chapter 30 will improve the efficiency of public projects by eliminating the need to comply with specific development standards and the requirement for entitlements approvals following the City Council’s direction to initiate public projects.
Add language to Chapter 30, Section 30-399 through 404: Public Open Space Division 10 of Article 3 of the Development Code will be amended to allow developers to build common open space or public open space that includes amenities. Currently, developers are required to provide public open space for projects over two acres. The public open space is intended to be open to the public and constructed on private properties along street frontages.
Planning staff has determined this can be a challenge for projects with narrower lots and interior amenities.
Revisions to Chapter 33: This section will update some language to the Cannabis Business and Activities ordinance. This amendment includes clarifying inconsistencies with the application process and permitted uses table.
In summary, the proposed amendments are proposed in order to provide flexibility in, and streamlining of, the City’s Municipal Code.
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File #: 21-1699 Agenda Date: 9/20/2022
Agenda #: PH-E Category: Public Hearing
MOTION:
Approve staff recommendation.
ATTACHMENTS:
1. Planning Commission Resolution/Exhibit A
2. Notice of Exemption
3. Notice of Public Hearing
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RESOLUTION PC NO. 2022-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF FONTANA, CALIFORNIA, RECOMMENDING THAT
THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
CITY OF FONTANA CODE (“CODE”) AMENDMENT (MCA)
NO. 22-007 AMENDING SECTIONS OF CHAPTERS 2, 25,
26, AND 30 TO ELIMINATE THE D EVELOPMENT
ADVISORY BOARD (DAB); AMENDING CHAPTER 9 TO
REVISE THE DEFINITION OF “SENSITIVE RECEPTORS ”;
AMENDING CHAPTER 30 TO EXEMPT THE CITY FROM
CERTAIN ZONING REGULATIONS AND DESIGN
GUIDELINES FOR CITY OWNED, CONTROLLED, OR
LEASED PROPERTIES OR FACILITIES; AMENDING
CHAPTER 30 TO ALLOW DEVELOPMENT PROJECTS
OVER TWO ACRES TO DEVELOP FIVE PERCENT OF
COMMON SPACE AS “COMMON OPEN SPACE”; ADDING
ARTICLE XV TO CHAPTER 30 CREATING A NO NET LESS
DENSITY BONUS /REPLACEMENT PROGRAM; AND
AMENDING TABLE NOS. 30 -489 AND 30-453 TO RENAME
CANNABIS RETAIL STORES AND ADD ING SECTION 33 -
8(4)(III) TO CHAPTER 33 , TO REQUIRE AN
AUTHORIZATION LETTER FOR PERMIT APPLICATIONS.
WHEREAS, pursuant to article XI, section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States;
WHEREAS, Government Code sections 50022.1 to 50022.10 authorize a city to codify its ordinances;
WHEREAS, Government Code section 50022.10 authorizes the recodification or recompilation of any adopted and fully published code;
WHEREAS, the amendments to the Code of the City of Fontana (“Code”) which are enacted by the adoption of this Ordinance are described in the planning agenda report accompanying this Resolution;
WHEREAS, the City desires to restate without substantive revision, amend, and recodify certain ordinances codified in the Code;
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WHEREAS, the descriptions included in the planning staff report, and minutes contain the findings of the City Council in support of this Resolution and serve as evidence of the Planning Commission’s intention in adopting this Resolution;
WHEREAS, the City seeks to amend various section of Chapters 2, 25, 26, and 30 to streamline the development project review process by eliminating the Development Advisory Board from the Code; and
WHEREAS, on February 8, 2022 , the City Council adopted Industrial Center Sustainability Ordinance No. 1879, amending and renumbering Article V of Chapter 9 of the Code to add improvement and construction requirements to industrial commerce centers throughout the City, however the requirements f or sensitive receptors (i.e., residential properties) are resulting in undesirable design outcomes because the definition of sensitive receptors includes residential properties that include industrial or commercial uses operating on the same property. This proposed Code amendment will change the definition of sensitive receptors in Section Sec. 9-71 to exclude residential properties with an existing industrial, commercial, unpermitted or non -conforming use; and
WHEREAS, Division 1 of Article I of the Zoning and Development Code does not currently exclude “public projects”, and the proposed addition to the Development Code of Section 30-3.1 to Chapter 30 will improve the efficiency of public projects by eliminating the need to comply with specific devel opment standards and the requirement for entitlements approvals for public projects , though will remain subject to discretionary review by City staff; and
WHEREAS, Division 10 of Article III of Chapter 30 the Development Code currently provides for public open space standards applicable to all proposed development within the Form -Based Code districts, and this proposed amendment would expand that requirement to allow for “common open spaces” defined in the proposed code amendment to include an amenity such as a tot lot, outdoor sports recreation area, bar - b-que with picnic tables, or equivalent and additional requirements in the restated, renumbered and amended Sections 30-399 to 30-404A; and
WHEREAS, Chapter 30 of the Development Code does not curr ently include a program to address SB 33 0, and this Code Amendment would establish a No Net Loss/Density Bonus/Replacement Program in order to provide for the concurrent approval of any change in zone from a residential use to a less intensive or non-residential use with the creation of “replacement units” in the form of a density bonus available to project applicants subsequently seeking to develop property for residential use within the City ; and
WHEREAS, on July 12, 2022, City Council adopted Ordinance No. 1899 to add Chapter 33 (Cannabis Businesses and Activities) to the City Code, which provides for the issuance of Commercial Cannabis Permits within the City to operate retail and delivery cannabis operations. Permits will be issued pursuant to a merit -based, professional review process that includes an initial application. The initial application does not currently include a requirement for an Authorization Letter, though that term is defined in Section 33-5, to mean proof of ownership, lease agreement of a “Letter of Intent” to lease a 6301
premises by the operation of a Commercial Cannabis Business. This proposed amendment would add a requirement for an Authorization Letter as part Phase One of the application process and include other minor clarifications; and
WHEREAS, a notice of the public hearing was published in the local newspaper on Friday, September 9, 2022 and posted at City Hall; and
WHEREAS, on September 20, 2022, the Planning Commission received pu blic testimony on City Code Amendment ( MCA) No. 22 -007 and determined that this Ordinance qualifies for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common -sense exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA . This Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to proje cts which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, the Planning Commission carefully considered all information pertaining to the proposed City Code Amendment, including the staff report, and all the information, evidence, and testimony presented at its public hearing on September 20, 2022; and
WHEREAS, the new General Plan includes policies and actions calling for numerous updates to the Municipal Code; and
WHEREAS, State law requires Zoning regulations to be consistent with the General Plan, and therefore updating the Municipal Code would contribute to consistency with the General Plan; and
WHEREAS, the Planning Commission finds that the proposed amendment to the City Code is consistent and compatible with the General Plan, and that the updates directly implement General Plan goals, policies, objectives, the Housing Element policies, and the Zoning and Development Code; and
WHEREAS, the Planning Commission finds that the proposed amendment s to Chapter 2, 9, 25, 26, 30, and 33 of the City Code will be in conformity with good land use practice and is intended to facilitate ease of use and understanding, as well as to establish appropriate development standards for the land use designations; and
WHEREAS, the Planning Commission finds that the proposed amendment to the City Code (Exhibit “A”) will not be detrimental to the public health, safety, and general welfare, and will not adversely affect the orderly development of property, and will better express the City’s policies, and generally promote good land use planning and regulation.
NOW, THEREFORE, the Commission RESOLVES as follows:
Section 1. Recitals. The above recitals are incorporated herein by reference. 7302
Section 2. Based on the foregoing, the Planning Commission hereby recommends that the City Council determine this Ordinance qualifies for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 1506 1(B)(3) (the common -sense exemption), and 15378 and Sections No.
3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA , that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. ; therefore, a Notice of Exemption has been prepared.
Section 3. That the Planning Commission hereby recommends that the City Council adopt an ordinance approving MCA No. 22-007 which amends the City Code as indicated in Exhibit “A” as referenced herein.
Section 4. Regarding Custodian of Record : The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code section 21081.6.
Section 5. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 20th day of September, 2022.
City of Fontana
___________________________
Cathline Fort, Chairperson
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ATTEST:
I, Idilio Sanchez, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 20th day of September, 2022, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Idilio Sanchez, Secretary
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EXHIBIT A
AMENDMENTS TO CODE CHAPTERS 2, 9, 25, 26, 30, AND 33
CHAPTER 2 - ADMINISTRATION
1. Chapter 2, Article VIII. – Boards, Commissions and Committees, Footnote 6 of the Code is hereby restated and amended as follows:
Footnotes:
--- (6) ---
Cross reference — Historic preservation commission, § 5 -353 et seq.; fly abatement and appeals board, § 13 -98; parks and community services commission, § 19 -31 et seq.; planning commission, § 21 -51 et seq. ; development advisory board, § 30-1072.
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CHAPTER 9 - ENVIRONMENTAL PROTECTION AND RESOURCE EXTRACTION
1. Chapter 9, Article V. – Industrial Commerce Centers Sustainability Standards of the Code is hereby restated and amended as follows:
Sec. 9-71. - Buffering and screening/adjacent uses.
(a) For any warehouse building larger than 50,000 square feet in size, a ten - foot-wide landscaping buffer shall be required, measured from the property line of all adjacent sensitive receptors. For any warehouse building larger than 400,000 square feet in size, a 20 -foot-wide landscaping buffer shall be required, measured from the propert y line of all adjacent sensitive receptors. The buffer area(s) shall include, at a minimum, a solid decorative wall(s) of at least ten feet in height, natural ground landscaping, an d solid screen buffering trees, as described below, unless there is an exi sting solid block wall. For any warehouse building equal to or less than 50,000 square feet in size, a solid decorative wall(s) of at least ten feet in height shall be required when adjacent to any sensitive receptors. Sensitive receptor shall be defined a s any residence including private homes, condominiums, apartments, and living quarters, schools, preschools, daycare centers, in -home daycares, health facilities such as hospitals, long term care facilities, retirement and nursing homes, community centers, places of worship, parks (excluding trails), prisons, dormitories, and any residence i ncluding; private homes, condominiums, apartments, and living quarters, where such residence is that are not located on a parcel with an existing industrial, commercial, unpermitted or non-conforming use.
(b) Trees shall be used as part of the solid screen buf fering treatment. Trees used for this purpose shall be evergreen, drought tolerant, minimum 36 - inch box, and shall be spaced at no greater than 40 -feet on center. The property owner and any successors in interest shall maintain these trees for the duration of ownership, ensuring any unhealthy or dead trees are replaced timely as needed.
(c) All landscaping shall be drought tolerant, and to the extent feasible, species with low biogenic emissions. Palm trees shall not be utilized. (d) All landscaping areas shall be properly irrigated for the life of the facility to allow for plants and trees to maintain growth
(e) Trees shall be installed in automobile parking areas to provide at least 35 percent shade cover of parking areas within 15 years. Trees shall be planted that are capable of meeting this requirement.
(f) Unless physically impossible, loading docks and truck entries shall be oriented away from abutting sensitive receptors. To the greatest extent 11306
feasible, loading docks, truck entries, and truck drive aisles shall be located away from nearby sensitive receptors. In making feasibility decisions, the city must comply with existing laws and regulations and balance public safety and the site development's potential impacts to nearby sensitive receptors. Therefore, loading d ocks, truck entries, and drive aisles may be located nearby sensitive receptors at the discretion of the planning director, but any such site design shall include measures designed to minimize overall impacts to nearby sensitive receptors. (g) For any warehous e building larger than 400,000 square feet in size, the building's loading docks shall be located a minimum of 300 feet away, measured from the property line of the sensitive receptor to the nearest dock door which does not exclusively serve electric truck s using a direct straight-line method.
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