ATTACHMENT NO. 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, APPROVING ZONING CODE AMENDMEN T NO. 22 -012 TO AMEND
SECTION 30-448 AND TABLE 30 -448 OF THE FONTANA ZONING
CODE REGARDING THE REQUIRED SETBAC K FOR BUILDINGS ON
PARCELS ZONED MULTI -FAMILY MEDIUM/HIGH D ENSITY
RESIDENTIAL (R-4) FROM BUILDINGS ON PARCELS ZONED M ULTI- FAMILY RESIDENTIAL (R-3).
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 Amendment No. 22 -012 to amend the required setback for buildings on parcels zoned Multi-Family Medium/High Density Residential (R -4) from buildings on parcels zoned Multi-Family Residential (R-3); 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 Amendment No. 22-012 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 h earing, the Planning Commission approved Resolution No. PC 2023-005 and recommended approval to the City Council of Zoning Code Amendment No. 22-012; 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 Amendment No. 22-012; and
WHEREAS, on March 28, 2023, the City Council held a duly noticed public hearing on Zoning Code Amendment No. 22 -012 along with the entitlement referenced herein, received testimony and the supporting documents in evidence, and the City Council found that the District Map and Zoning Code Amendment are in conformance with the goals and pol icies 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 Amendment No. 22-012 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”; and
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Section 2. The City Council hereby adopts the Mitigated Negative Declaration along with the Mitigation Monitoring and Reporting Program (MMRP) 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 Declar ation 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 inconsistences 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 Amendment No. 22-012 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:
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 a text amendment to the Zoning and Development Code to changed required setback for buildings in the Multi-Family Medium/High Density Residential (R -4) zone and properties zoned Multi -Family Residential (R -3) from 15 feet to 10 feet. The requested amendment would allow for an efficient use of land for the development of medium to high density multi -family residential while still providing adequate privacy and separation for adjacent properties.
Section 4. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community; and
Section 5. The City Council approves Zoning Code Amendment No. 22 -012 to amend the required setback for buildings on properties zoned Multi-Family Medium/High Density Residential (R-4) to properties zoned Multi-Family Residential (R-3) from 15 feet to 10 feet as sho wn on Exhibit “ A”, attached hereto and by this reference incorporated ; and
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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:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
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EXHIBIT "A"
Sec. 30-448. – Multiple-family building separation requirement.
Table No. 30-448
Building Setback and Separation (in feet)
…
Side Setback (interior), Building, Setback to
Adjacent Zoning Districts
R-4 R-5
R-3 15-foot 10-foot 15-foot
…