RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA ADOPTING AN ADDENDUM TO THE CITY OF FONTANA GENERAL PLAN ENVIRONMENTAL IMPACT REPORT (EIR) AND SECTION 8.06 OF THE 2019 LOCAL GUIDELINES FOR IMPLEMENTING CEQA, AND DIRECTING STAFF TO FILE THE NOTICE OF DETERMINATION AND APPROVING GENERAL PLAN AMENDMENT NO. 22-006 (PART NO. 1 OF GENERAL PLAN AMENDMENT CYCLE NO. 3 OF 2022) AMENDING THE GENERAL PLAN LAND USE DESIGNATION ON ONE PARCEL OF APPROXIMATELY 1.14 ADJUSTED GROSS ACRES (APN: 0241-051-13) FROM GENERAL COMMERCIAL (C-G) TO MULTI-FAMILY MEDIUM HIGH DENSITY RESIDENTIAL (R-MFMH) AND AMENDING THE GENERAL PLAN LAND USE DESIGNATION ON THREE PARCELS OF APPROXIMATELY 3.06 ADJUSTED GROSS ACRES (APNS: 0241-051-02, -16 AND -32) FROM MULTI-FAMILY MEDIUM HIGH DENSITY RESIDENTIAL (R-MFMH) TO GENERAL COMMERCIAL (C-G) WHEREAS, the City of Fontana General Plan was adopted by the City Council on November 13, 2018; and WHEREAS, the combined staff report includes two (2) General Plan amendments associated with MCN21-068 (Redesignation of 6th Cycle Housing Element Properties), and MCN21-120 (Citrus Avenue Residential Development) as part of one motion to comply with state law; and WHEREAS, on October 4, 2022, the Planning Commission received a staff report and all the information, evidence, and public testimony and recommended approval to the City Council of a General Plan Amendment No. 22-006 and Zone Change Amendment No. 22-008; and WHEREAS, on October 25, 2022, the City Council received a staff report and all the information, evidence, and public testimony and approved General Plan Amendment No. 22-006 and Zone Change Amendment No. 22-008; and WHEREAS, the City Council finds that the proposed update to the General Plan map (Exhibit A) and Zoning Map are compatible with the general objectives of the General Plan, and that both updates directly implement General Plan policy, thereby enhancing consistency between the General Plan and Zoning Map; and WHEREAS, General Plan Amendment No. 22-006 and Zone Change Amendment No. 22-008 are consistent with the goals and polices of the General Plan; and WHEREAS, on October 4, 2022, the Planning Commission received public testimony and evidence presented by City staff at the Public Hearing held with respect hereto on General Plan Amendment No. 22-006 and Zone Change Amendment No. 22-008 and recommended approval (with a 3-0 vote) to the City Council by Resolution No. 2022-041; and WHEREAS notices required by statute of the Fontana City Code have been given as required; and WHEREAS, the City Council conducted a noticed public hearing on General Plan Amendment No. 22-006 and Zoning Code Amendment No. 22-008 and received testimony from any and all parties, including the staff report and attached supporting documents from the Planning Commission public hearing on October 25, 2022; and WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred; and WHEREAS, the proposed General Plan Amendment is considered a “Project” as defined by the California Environmental Quality Act (CEQA); and WHEREAS, all parcels identified as part of this application were designated General Commercial (C-G General Plan land use designation/C-2 zoning designation) as of January 1, 2018 and replacement of units under SB 330 is therefore not required; and WHEREAS, an Addendum to the City of Fontana General Plan Environmental Impact Report (State Clearinghouse [SCH] No. 2016020199) which was adopted by the City Council on November 13, 2018 has been prepared for this proposed project pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines; and WHEREAS, based on the information presented to the City Council at the public hearing held for General Plan Amendment No. 22-006, the testimony received, and the supporting documents in evidence, the City Council found that the proposed project is in conformance with the goals and policies of the General Plan; and WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning; and NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of Fontana as follows:
Section 1. The City Council has reviewed and considered the City of Fontana General Plan EIR and Addendum, any oral or written comments received, and the administrative record prior to making any decision on the Proposed Project. The City Council finds that the Addendum and City of Fontana General Plan EIR contain a complete and accurate reporting of all of the environmental impacts associated with the Project. The City Council further finds that the Addendum has been completed in compliance with the State CEQA Guidelines and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
Section 2. Having considered the Addendum, the administrative record, the City of Fontana General Plan EIR and all written and oral evidence presented to the City Council, the Commission finds that all environmental impacts of the applications have been addressed within the City of Fontana General Plan EIR and the Addendum. The City Council finds that no new or additional mitigation measures or alternatives are required. The City Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Projects may result in any significant environmental impacts beyond those analyzed in the City of Fontana General EIR. The City Council finds that the Addendum contains a complete, objective, and accurate reporting of the environmental impacts associated with the Projects and reflects the independent judgment and analysis of the City Council.
Section 3. The City Council hereby adopt the Addendum to the EIR for the City of Fontana General Plan (SCH No. 2016021099) and Mitigation, Monitoring, and Reporting Program (MMRP) that have been prepared pursuant State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
Section 4. This Resolution shall take effect immediately after the City Council approval of General Plan Amendment No. 22-006 (GPA No. 22-006), provided however, if the Resolution for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this Resolution shall be null and void and have no further force and effect.
Section 5. The City of Fontana City Council hereby makes the following findings for General Plan Amendment No. 22-006 (GPA No. 22-006) in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:
Finding No. 1: The purpose and intent is to keep an updated General Plan to reflect the current desires and needs of the citizens for the long-term growth of the City.
Findings of Fact: The proposed General Plan Amendment would update the General Plan land use map to redesignate a one acre site generally located 290 feet east of Juniper Avenue (Accessor Parcel Number 0241-051-13) from General Commercial (C-G) to Multi-Family Medium/High Residential (R-MFMH) and redesignate a three-acre site located at 16818 Montgomery Avenue, 16844 Montgomery Avenue, and 16835 Baseline Avenue (Accessor Parcel Numbers 0241-051-02, -16, and -32) from Multi-Family Medium/High Residential (R-MFMH) to General Commercial (C-G). All these changes are shown as part of Exhibit “A” and are required to accommodate development applications received on the associated project sites that will provide the opportunity for further residential and commercial development, which will provide services and amenities to the community and contribute to the enchancement and growth of the area.
Section 6. Based on the foregoing, the City Council of the City of Fontana hereby approves GPA No. 22-006 subject to the findings in Sections 1 through 6 herein to this Resolution and incorporated herein by this reference.
Section 7. 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.
APPROVED on this 25th day of October 2022.
READ AND APPROVED AS TO LEGAL FORM;
City Attorney
ATTEST:
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 resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on October 25, 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
______________________________________
City Clerk
“EXHIBIT A”
ATTACHMENT NO. 2
Resolution No. 2022-_____