ORDINANCE NO.
An Ordinance of the City Council of the City of Fontana, APPROVING ZONing CODE (DISTRICT MAP) AMENDMENT nO. 22-004 TO AMEND the zoning designation from multi-family residential (r-3) for a parcel (apn: 0241-071-41) and multi-family high density residential (r-5) for another parcel (apn: 0241-071-42) to multi-family medium/high density residential (r-4) for both parcels, totaling 3.64 acres THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY FIND AS FOLLOWS:
WHEREAS, the applicant submitted a request for approval of Zoning Code (District Map) Amendment No. 22-004 to amend the zoning map designation for parcel APN: 0241-071-41 from the Multi-Family Residential (R-3) to Multi-Family Medium/High Density Residential (R-4) and parcel APN: 0241-071-42 from Multi-Family High Density Residential (R-5) to Multi-Family Medium/High Density Residential (R-4); and WHEREAS, on January 17, 2023, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties at a Public Hearing held with respect hereto on Zoning Code (District Map) Amendment No. 22-004 and related entitlements, and after carefully considering all information pertaining to the proposed project, including the staff report, findings, and all the information, evidence, and testimony presented at this public hearing, the Planning Commission approved Resolution No. PC 2023-005 and recommended approval to the City Council of Zoning Code (District Map) Amendment No. 22-004; and WHEREAS, after the publication of notice as required by law, the City Council of the City of Fontana, California conducted a public hearing on Zoning Code (District Map) Amendment No. 22-004; and WHEREAS, on March 28, 2023, the City Council held a duly noticed public hearing on Zoning Code (District Map) Amendment No. 22-004 along with the entitlements referenced herein, received testimony and the supporting documents in evidence, and the City Council found that the District Map Amendment are in conformance with the goals and policies of the General Plan to provide a community that is developed to high standards and provides diverse economic and social opportunities for our citizens and those who wish to invest here; and WHEREAS, Zoning Code (District Map) Amendment No. 22-004 is consistent with the goals and policies of the City of Fontana, General Plan Goal 7 of Chapter 15, “support high-quality development in design standards and land use decisions”, in addition to Goal 7 of Chapter 15, Action Item #B “ensure that public and private developments are attractive, comfortable, and welcoming”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 2. The City Council hereby adopts the Mitigated Negative Declaration along with the Mitigation Monitoring and Reporting Program for the proposed project. The City Council finds that the Mitigated Negative Declaration contains a complete and accurate reporting of all the environmental impacts associated with the Project. The City Council further finds that the Mitigated Negative Declaration has been completed in compliance with CEQA, 2019 Local Guidelines for Implementing the California Environmental Quality Act, and the State CEQA Guidelines. Implementation of the Mitigation Measures contained is hereby made a condition of approval of the Project. In the event of any inconsistencies between the Mitigation Measures set forth herein and the MMRP, the MMRP shall control; and Section 3. The City of Fontana City Council hereby makes the following findings for Zoning Code (District Map) Amendment No. 22-004 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code; and Finding: The 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 applicant is proposing to amend the zoning land use designation for APN 0241-071-41 from Multi-Family Residential (R-3) to Multi-Family Medium/High Density Residential (R-4) and for APN 0241-071-42 from Multi-Family High Density Residential (R-5) to Multi-Family Medium/High Density Residential (R-4). The proposed development is appropriate for the area as it would provide a multi-family development site in close proximity to transit. As mentioned above, the project will include high quality multi-family housing with landscaping, adequate parking and several amenities.
Section 5. The City Council approves Zoning Code (District Map) Amendment No. 22-004 to amend the zoning designation for APN 0241-071-41 from Multi-Family Residential (R-3) to Multi-Family Medium/High Density Residential (R-4) and APN 0241-071-42 from Multi-Family High Density Residential (R-5) to Multi-Family Medium/High Density Residential (R-4) as shown on Exhibit “A”, attached hereto and by this reference incorporated; and Section 6. 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 Fontana Herald News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 28th day of March, 2023.
READ AND APPROVED AS TO LEGAL FORM:
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City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 28th day of March, 2023, and was finally passed and adopted not less than five days thereafter on the 11th day of April, 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
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City Clerk of the City of Fontana
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Mayor of the City of Fontana
ATTEST:
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City Clerk
EXHIBIT "A"
Attachment No. 2
Ordinance No. ___