ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, APPROVING, PURSUANT TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE SHEA INDUSTRIAL COMMERCE CENTER (STATE CLEARINGHOUSE NO. 2022030544), ZONING DISTRICT MAP AMENDMENT (ZONE CHANGE) NO. 21-006 TO AMEND THE ZONING DISTRICT MAP TO CHANGE THE ZONING DESIGNATION FOR APNS: 0239-151-09 AND -38 FROM MULTI FAMILY HIGH RESIDENTIAL (R-5) TO LIGHT INDUSTRIAL (M-1) FOR APPROXIMATELY 11.1 ACRES LOCATED NORTH OF CASA GRANDE AVENUE AND EAST OF SIERRA AVENUE.
WHEREAS, on September 22, 2021, applicant, Shea Properties, submitted a request for a General Plan Amendment No. 21-004 to change the land use designation from Multi Family High Residential (R-MFH) to Light Industrial (I-L) on approximately 11.1 adjusted gross acres of a two parcels (APNs: 0239-151-09 and -38) (see attached Exhibit “A”), amend the Zoning District Map (Zoning District Map Amendment No. 21-006) to rezone the parcels from Multiple-Family High Density Residential (R-5) to Light Industrial (M-1), a Tentative Parcel Map (TPM NO. 21-018) to merge two parcels into one, and Design Review No. 21-034 to allow the development of a 199,999 square foot industrial commerce building with associated landscaping and parking (Project); and WHEREAS, the subject site includes two parcels that were annexed from San Bernardino County into the City of Fontana on October 8, 1981; and WHEREAS, on April 18, 2023, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties at a public hearing held on Shea Industrial Commerce Center EIR (State Clearinghouse No. 2022030544), General Plan Amendment No. 21-004, Zoning District Map Amendment No. 21-006, Development Agreement No. 22-006, Tentative Parcel Map No. 20523 (TPM No. 21-018), and Design Review No. 21-034, and after carefully considering all information pertaining to the proposed project, including the staff report, findings, and all information, evidence, and testimony presented, the Planning Commission recommended approval of the Project to the City Council; and WHEREAS, the subject property is to be developed below the assumed capacity as identified in the approved Housing Element, however there is still sufficient capacity in the city at the “extremely low/very low” income category to meet the City’s Regional House Needs Assessment (RHNA) allocation; and WHEREAS, to comply with California’s Housing Crisis Act of 2019 (SB 330), the project will participate in the City of Fontana Municipal Code Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” Pursuant to FMC section 30-967, the Unit Bank cannot exceed 2,200 units. The Unit Bank is currently 0 units. These 555 units will be added to the Unit Bank increasing the number of units in the Unit Bank to 555 which is less than the 2,200 units authorized by FMC. The units in the Unit Bank shall be available as density bonuses for other residential properties throughout the city. The program will enable, on a first come, first serve basis, density bonuses of up to 20% on other parcels until these 555 residential units are reclaimed within future planned residential projects; 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 District Map Amendment (Zone Change) No. 21-006; and WHEREAS, the public hearing for the project was opened at the May 9, 2023, City Council Meeting and on that date the public hearing was continued to the June 27, 2023, City Council meeting; and WHEREAS, on June 27, 2023, the City Council held a duly noticed public hearing on Zoning District Map (Zone Change) Amendment No. 21-006 along with the entitlement referenced herein, received testimony and the supporting documents in evidence, and the City Council found that the Zoning District Map Amendment is in conformance with the goals and policies of the General Plan to provide a community that is balanced between residential, commercial, and industrial 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, Zone Change Amendment No. 21-006 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”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The recitals are true and correct and incorporated herein by this reference.
Section 2. The City Council approves this Ordinance pursuant to the certified Shea Industrial Commerce Center Environmental Impact Report (State Clearinghouse No. 2022030544). The City Council finds that the EIR contains a complete and accurate reporting of all the environmental impacts associated with the Ordinance. The City Council further finds that the EIR has been completed in compliance with CEQA, 2019 Local Guidelines for Implementing the California Environmental Quality Act, and the State CEQA Guidelines. Further, based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared.
Section 3. 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.
Section 4. The City of Fontana City Council hereby makes the following findings for Zoning District Map Amendment (Zone Change) No. 21-006 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: Changing the zoning designation from Multi Family High Residential (R-5) to Light Industrial (M-1)would allow for the construction of a 199,999 square foot industrial commerce building. This development will assist with growing industrial commerce demand in the City of Fontana and the surrounding area. The zone change will provide consistency with the zoning and existing development to the south of the subject site and will provide safe and attractive development.
Section 5. The City Council approves Zoning District Map Amendment (Zone Change) No. 21-006 to amend the zoning designation for APNs: 0239-151-09 and -38 from Multi Family High Residential (R-5) to Light Industrial (M-1) as shown on Exhibit “A”, and attached hereto and by this reference incorporated as though fully set forth herein.
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, or after the adoption of the City Council Ordinance approving Development Agreement No. 22-006 whichever occurs later, provided however, if the Ordinance approving the Development Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Ordinance shall be null and void and have no further force and effect. This Ordinance shall be published by the City Clerk at least once in the Herald News or other 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 27th day of June 2023.
READ AND APPROVED AS TO LEGAL FORM:
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City Attorney
I, Germaine 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 27th day of June 2023, and was finally passed and adopted not less than five days thereafter on the 11th day of July 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
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City Clerk
“EXHIBIT A”
EXISTING AND PROPOSED ZONING MAP DESIGNATION -
MEDIUM-FAMILY RESIDENTIAL (R-5) TO LIGHT INDUSTRIAL (I-L) C-2C-2R-5R-5
C-2
C-2
R-5
R-5
ATTACHMENT NO. 3
Ordinance No. 2023 - ___