Agenda packet — Fontana City Council, July 25, 2023 (part 14 of 14)

CONSENT CALENDAR:

A. Approval of Minutes:

Approve the Regular Planning Commission Meeting Minutes of June 6, 2023.

ACTION: A Motion was made by Commissioner Quintana and seconded by Secretary Thrasher and passed by a vote of 4-0-1 to approve the Consent Calendar.

The motion carried by the following vote:

Aye: Vice Chair Sanchez, Secretary Thrasher, and Commissioner Quintana and Sangha.

Abstain: Chair Fort

Absent: None
PUBLIC HEARINGS:

PH-A Master Case No. 22-053: General Plan Amendment (GPA) No. 22-004, Zone Change Application (ZCA) No. 22-005, Specific Plan Amendment (SPA) No. 22-002 and Development Agreement (DA) No. 23-005, Tentative Parcel Map (TPM) No. 22- 009 (Building No. 1), Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map (TPM) No. 22-030 (Building No. 2), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map (TPM) No. 22-031 (Building No. 3), Design Review No. 22-062 (Building No. 3), and Final Environmental Impact Report for the development of three (3) industrial commerce buildings totaling approximately 540,849 square feet within a project area totaling 29.4 acres.

Vice Chair opened Public Hearing
Salvador Quintanilla, Senior Planner presented the staff report.

The applicant, David Pittman on behalf of Acacia Real Estate Group, Inc., stated that he read and agreed to the Conditions of Approval.

The following individuals spoke in opposition:
• Elizabeth Sena
• Joaquin Castillegos
The following individuals spoke in favor:
• Danielle Holley
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• Amanda Morales
• Evan Webb
• Luis Cuevas
The Public Hearing was closed.

RECOMMENDATION:

Based on the information contained in this staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2023-025 and forward a recommendation to the City Council to:

1. Adopt a resolution to certify the EIR, adopt a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and direct staff to file a Notice of Determination; and,

2. Adopt a resolution approving General Plan Amendment No. 22-004; and,

3. Adopt an ordinance approving Specific Plan Amendment No. 22-002; and,

4. Adopt an ordinance approving Zone Change No. 22-005; and,

5. Adopt an ordinance approving Development Agreement No. 23-005; and,

6. Adopt a resolution approving Tentative Parcel Map (TPM) No. 20709, Design Review No. 22-029 (Building No. 1), Tentative Parcel Map (TPM) No. 20708, Design Review No. 22-061 (Building No. 2), and Tentative Parcel Map (TPM) No. 20707, Design Review No. 22-062 (Building No. 3) subject to the attached Findings and Conditions of Approval.

ACTION: Motion was made by Vice Chair Sanchez and seconded by Commissioner Thrasher and passed by a vote of 5-0 to adopt Resolution PC No. 2023-025; and approve Master Case No. 22-053: General Plan Amendment (GPA) No. 22-004, Zone Change Application (ZCA) No. 22-005, Specific Plan Amendment (SPA) No. 22-002 and Development Agreement (DA) No. 23-005, Tentative Parcel Map (TPM) No. 22- 009 (Building No. 1), Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map (TPM) No. 22-030 (Building No. 2), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map (TPM) No. 22-031 (Building No. 3), Design Review No. 22-062 (Building No. 3).

The motion carried by the following vote:

Aye: Chair Fort, Vice Chair Sanchez, Secretary Thrasher, Commissioners Sangha and Quintana.

Absent: None
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PH-B. Master Case No. 22-084: General Plan Amendment No. 22-008, Specific Plan Amendment No. 22-004, Tentative Parcel Map No. 20565 (TPM No. 22-018), Tentative Tract Map No. 20568 (TTM No. 22-007), Design Review No. 22-043, and Administrative Site Plan No. 23-014 - A request for site and architectural review for the development of 255 condominium units (147 detached Cluster Homes units and 108 detached Stub Drive units) with various amenities, and a public park within a 58-acre overall project site. The project includes an Addendum to the previously certified EIR for the Southridge Village Specific Plan.

Chair Fort opened Public Hearing.

Salvador Quintanilla, Senior Planner presented the staff report and answered questions of the commission.

Vice Chair Sanchez and Commissioner Sangha noted for the record that they individually met with the applicant at the project site.

The commission and staff discussed existing parking and its connection along the trails of the project area.

Commissioner Quintana also stated for the record that he individually met with the applicant at the project site.

The applicant, Brian Avila on behalf of NH Southern LLC, stated that he read and agreed to the Conditions of Approval. Mr. Avila spoke regarding the parking lot located on old Live Oak, and the plans to grow the lot by 120 parking stalls.

The following individuals spoke in opposition:
• Elizabeth Sena
• Joaquin Castillegos
• Bobbi Jo Chavarria
The following individuals spoke in favor:
• Matt Slowik
A copy of written correspondence in opposition and in favor of this project was provided to the Planning Commission.

The Public Hearing was closed.
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Another discussion took place between the commission and staff regarding temporary fencing and signage that would reference “private property”. The Commission also requested clarification on whether the public would have access to the existing trails.

The applicant spoke regarding trails on private property; and their intention to maintain trail access to the public from east to west and have the public still have access to the giant open space directly east of the project.

RECOMMENDATION:

Based on the information contained in this staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2023-026, and forward a recommendation to the City Council to:

1. Adopt the Addendum and Mitigation, Monitoring, and Reporting Program (MMRP) to the Southridge Village Specific Plan EIR (State Clearinghouse [SCH] No. 81052210) and direct staff to file a Notice of Determination; and,

2. Adopt a resolution approving General Plan Amendment No. 22-008; and,

3. Adopt a resolution approving Specific Plan Amendment No. 22-004; and

4. Adopt a resolution approving Tentative Parcel Map No. 20565 (TPM No. 22-018) Tentative Tract Map No. 20568 (TTM No. 22-007), Design Review No. 22-043, and Administrative Site Plan No. 23-014, subject to the attached Findings and Conditions of Approval.

ACTION: Motion was made Vice Chair Sanchez and seconded by Commissioner Sangha and passed by a vote of 5-0 to adopt Resolution PC No. 2023-026; and approve Master Case No. 22-084: General Plan Amendment No. 22-008, Specific Plan Amendment No. 22-004, Tentative Parcel Map No. 20565 (TPM No. 22-018), Tentative Tract Map No. 20568 (TTM No. 22-007), Design Review No. 22-043, and Administrative Site Plan No. 23-014.

The motion carried by the following vote:

Aye: Chair Fort, Vice Chair Sanchez, Secretary Thrasher, Commissioners Sangha and Quintana.

Absent: None
DIRECTOR COMMUNICATIONS:

A. Director Communications:

Patty Nevins, Director of Planning noted that the next Regular Planning Commission meeting would be cancelled due to the 4
th of July holiday. Director Nevins also thanked
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City Attorney, Jennifer Farrell for doing an incredible job on the Planning Commission.

Chair Fort expressed her appreciation towards City Attorney Farrell and thanked her for all the services that she has provided the Planning Commission.

COMMENTS:

A. Public Communication Commission Comments:

Commissioner Quintana thanked City Attorney Farrell for her service to the Planning Commission; showed appreciation towards residents and thanked them for coming out to speak at tonight’s meeting.

Commissioner Sangha thanked both the IT Department and Planning staff for setting up the meeting; thanked City Attorney Farrell for her time and dedication to the Planning Commission and all developers for bringing new developments to Fontana.

Secretary Thrasher thanked City Attorney Farrell for helping the City of Fontana grow and city staff for providing information that helps him make his decision.

Vice Chair Sanchez thanked City Attorney Farrell for her service to the Planning Commission; commended staff for proving needed information to help him make his decision and closed by wishing the public a happy 4
th of July holiday.

Chair Fort briefly commented on additional housing that is coming to the city; spoke about the importance in maintaining access to trails; expressed appreciation towards staff for providing the need information and thanked all the residents who came out to tonight’s meeting to share their comments.

ADJOURNMENT:

Chair Fort adjourned the meeting at 7:12 p.m. to the next Regular Planning Commission Meeting on Tuesday, July 18, 2023, at 6:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. _______________________
Susana Gallardo
Specialist to the Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED BY THE PLANNING COMMISSION ON THE 18th DAY OF JULY 2023.
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_______________________
Cathline Fort
Chairperson
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NOTICE OF PUBLIC HEARING
SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.

In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:

Master Case (MCN) No. 22-053, General Plan Amendment (GPA) No. 22-004, Zone Change Application (ZCA) No. 22-005, Specific Plan Amendment (SPA) No. 22-002, Development Agreement (AGR) No. 23- 005, Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map (TPM) No. 20709 (TPM No. 22-009, Building No. 1), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map (TPM) No. 20708 (TPM No. 22-030, Building No. 2), Design Review No. 22-062 (Building No. 3), Tentative Parcel Map (TPM) No. 20707 (TPM No. 22-031, Building No. 3): a proposal to amend the General Plan land use designation from Residential Planned Community (R‐PC) and Multi-Family Medium/High Density Residential (R-MFMH) to General Industrial (I‐G); amend the zoning designation from Residential Planned Community (R‐PC) and Multi‐ Family Medium/High Density Residential (R‐4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District; and an amend the SWIP Specific Plan to expand the SWIP boundaries to include the Project Site of 29.4 acres. The applicant has also prepared a development agreement. The applicant is proposing the development of approximately 24.4 acres of a 29.4-acre property (APNs 0255-011-13, -14, -15, -18, -19, -25, - 26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24) with three industrial commerce center buildings of approximately 151,618 square feet (s.f., Building No. 1), 196,336 s.f. (Building No. 2), and 192,895 s.f. (Building No. 3) totaling 504,849 s.f. and improvements to the sites which include screen walls, vehicular parking areas, drive aisles, and landscaping. The project will also include the consolidation various parcels into individual parcels for the development of Building Nos. 1 through 3.

Environmental
Determination:

This project has been
determined to have a
significant effect on the
environment and a Draft
Environmental Impact
Report (EIR) (SCH No.
2022110389) has been
prepared pursuant to
Sections 15080 to 15097
and Section 15163 of the
California Environmental
Quality Act (CEQA).

Location of
Property:

The Project Site is located north of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection. The approximately 29.8-acre Project Site includes 18 parcels, including Assessor Parcel Numbers (APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24.

ATTACHMENT NO. 21 2871
Date of
Hearing:

July 25, 2023
Place of
Hearing:

City Hall Council
Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of
Hearing: 7:00 P.M.

The City of Fontana (City) has prepared a Final Environmental Impact Report (FEIR) for the proposed project. The FEIR is available for review at City Hall (8353 Sierra Avenue Fontana, CA 92335) and online at https://www.fontanaca.gov/2137/Environmental-Documents. Should you have any questions concerning this project, please contact Salvador Quintanilla, Senior Planner, at (909) 350-6656. E-mail:
[email protected]

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION. PLEASE CONTACT THE PLANNER LISTED ABOVE.

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 TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

Publish: July 14, 2023
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2355 Agenda Date: 7/25/2023
Agenda #: B. Category: Public Hearing
FROM:

Finance
SUBJECT:

Public Hearing to Establish Fiscal Year 2023-2024 Assessment Rates for Landscape and Lighting Maintenance Districts.

RECOMMENDATION:

1. Adopt Resolution No. 2023-090, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 1 (“LMD #1” throughout the City) for Fiscal Year 2023-2024.

2. Adopt Resolution No. 2023-091, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 2 (“LMD #2” Village of Heritage) for Fiscal Year 2023-2024.

3. Adopt Resolution No. 2023-092, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 3 (“LMD #3” Hunter’s Ridge) for Fiscal Year 2023-2024.

4. Adopt Resolution No. 2023-093, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 3- 1 (“LMD #3-1” Empire Center) for Fiscal Year 2023-2024.

5. Adopt Resolution No. 2023-094, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Local Lighting Maintenance District No. 3 (“LLMD #3” Hunter’s Ridge) for Fiscal Year 2023-2024.

COUNCIL GOALS:
· Practice sound fiscal management by fully funding liabilities and reserves. · Practice sound fiscal management by developing long-term funding and debt management plans.

DISCUSSION:

On June 13, 2023, City Council adopted Resolutions 2023-037 through 2023-041, inclusive, declaring its intention to levy and collect assessments for Fiscal Year 2023-2024 and setting July 25, 2023, for the public hearing to receive public comment pursuant to the Landscape and Lighting Act of 1972. The annual assessment process for the landscape and lighting assessment districts must be completed before August 10, 2023, in order to place the assessments on the County tax rolls.

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File #: 21-2355 Agenda Date: 7/25/2023
Agenda #: B. Category: Public Hearing
The Fiscal Year 2023-2024 proposed assessment rates are as follows:
· LMD # 1 - the proposed rates for FY 2023-2024 for residential units range from $77.76 to $495.92 per unit, the commercial and industrial areas range from $117.24 to $613.77 per acre.

The proposed rates are the same as the prior year rates. · LMD # 2 (Village of Heritage) - the proposed rate for FY 2021-2022 for residential units is $533.21 per unit, an increase from the prior year of 2% ($10.45 per unit). · LMD # 3 (Hunter’s Ridge) - the proposed rate for FY 2023-2024 for residential units is $500.00 per unit, the same as the prior year rate.
· LMD # 3-1 (Empire Center) - the proposed rate for FY 2023-2024 for commercial property is $1,000 per acre, the same as the prior year rate.
· LLMD # 3 (Hunter’s Ridge) - the proposed rate for FY 2023-2024 for residential property is $22.00 per unit, the same as the prior year rate.

It is projected that the proposed rates will be sufficient to fund the estimated maintenance costs for Fiscal Year 2023-2024 for all LMD’s with the exception of LMD #2. Various operational options are being considered to mitigate the on-going funding deficit.

The City’s assessments for all districts have been reviewed in light of the passage of Proposition 218.

The recommended actions comply with the provisions of this proposition.

The City Treasurer has reviewed and supports this action.

FISCAL IMPACT:

The proposed assessment rates for Fiscal Year 2023-2024 are unchanged from the prior year except for LMD # 2 which will increase by 2% ($10.45 per unit) to $533.21 for the residential rate. The proposed assessment rates for Fiscal Year 2023-2024 are projected to generate approximately $4.4 million.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT, AND

LEVYING THE ASSESSMENT FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 1 (“LMD #1” THROUGHOUT THE CITY) FOR FISCAL YEAR 2023-2024.

WHEREAS, on June __, 2023, the City Council of the City of Fontana, (the “City Council”) adopted Resolution 2023-___ initiating proceedings for the levy and collection of assessments for Fiscal Year 2023-2024 for Landscape Maintenance District No. 1 (“LMD #1”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code (the “Act”), for the maintenance of landscaped areas; and
WHEREAS, the City Council has ordered the filing of an Engineer’s Report with the City Clerk, a report pursuant to law for the City Council’s consideration, and subsequently thereto the City Council adopted its Resolution of Intention (Resolution No. 2023-__) approving the Engineer’s Report and declaring the intention of the City Council to order the levy and collection of assessments to pay the costs and expenses of maintaining the landscaped areas in the District for the fiscal year commencing July 1, 2023, and ending June 30, 2024, and
WHEREAS, in November, 1996, the voters of the State of California passed Proposition 218 which added Articles XIIIC and XIIID to the California Constitution requiring, among other things, new procedures for the approval of the levying of assessments against real property; and
WHEREAS, Article XIIID of the California Constitution requires that assessments comply with stated procedural and approval provisions by July 1, 1997, unless an assessment district meets certain exemptions as set forth in Section 5 of the Article, which exemptions include the following:
“(a) any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage system or vector control.” “(b) any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed;” and
WHEREAS, LMD #1 assessments proposed for Fiscal Year 2023-2024 are exempt from Proposition 218 because the assessments generate revenue for the operation and maintenance of streets and highways, all expenditures thereunder qualifying as street maintenance as defined by the State of California; and 2875
Resolution No. 2023-

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WHEREAS, the adoption of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2023-2024 for LMD #1.

NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Fontana, California, as follows:

SECTION 1. Following notice duly given by publication, the City Council has held a public hearing regarding the levy of the proposed assessment within the District for the fiscal year commencing July 1, 2023, and ending June 30, 2024, to pay for the costs and expenses of maintaining and servicing the public landscaped improvements installed and constructed within the District. All interested persons were afforded the opportunity to hear and be heard regarding protests, and objections have been considered by the City Council.

SECTION 2. The City Council hereby confirms the diagram and assessment set forth in the Engineer’s Report for Fiscal Year 2023-2024 and orders the maintenance and servicing of the public landscaped improvements installed and constructed in the District in the City of Fontana.

SECTION 3. The adoption of this resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2023, and ending June 30, 2024.

SECTION 4. The maintenance and servicing of the public landscaped areas shall be performed pursuant to law and the County Auditor of San Bernardino shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessments shall be paid to the City Treasurer.

SECTION 5. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as Landscape Maintenance District No. 1, City of Fontana.

SECTION 6. The City Clerk is hereby authorized and directed to file the assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption.

SECTION 7. A certified copy of the assessment diagram shall be filed in the office of the City Clerk and open for public inspection. 2876
Resolution No. 2023-

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APPROVED AND ADOPTED this 25
th day of July, 2023.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Germaine Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 26
th 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:

City Clerk
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RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT, AND

LEVYING THE ASSESSMENT FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 2 (“LMD #2” VILLAGE OF HERITAGE) FOR FISCAL YEAR 2023-2024.

WHEREAS, on June __, 2023, the City Council of the City of Fontana, (the “City Council”) adopted Resolution 2023-___ initiating proceedings for the levy and collection of assessments for Fiscal Year 2023-2024 for Landscape Maintenance District No. 2 (“LMD #2”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code (the “Act”), for the maintenance of landscaped areas; and
WHEREAS, the City Council has ordered the filing of an Engineer’s Report with the City Clerk, a report pursuant to law for the City Council’s consideration, and subsequently thereto the City Council adopted its Resolution of Intention (Resolution No. 2023-___) approving the Engineer’s Report and declaring the intention of the City Council to order the levy and collection of assessments to pay the costs and expenses of maintaining the landscaped areas in the District for the fiscal year commencing July 1, 2023, and ending June 30, 2024; and
WHEREAS, in November, 1996, the voters of the State of California passed Proposition 218 which added Articles XIIIC and XIIID to the California Constitution requiring, among other things, new procedures for the approval of the levying of assessments against real property; and
WHEREAS, Article XIIID of the California Constitution requires that assessments comply with stated procedural and approval provisions by July 1, 1997, unless an assessment district meets certain exemptions as set forth in Section 5 of the Article, which exemptions include the following:
“(a) any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage system or vector control.” “(b) any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed;” and
WHEREAS, LMD #2 assessments proposed for Fiscal Year 2023-2024 are exempt from Proposition 218 because the assessments generate revenue for the operation and maintenance of streets and highways, all expenditures thereunder qualifying as street maintenance as defined by the State of California; and 2878
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WHEREAS, LMD #2 assessments are further exempt from proposition 218 because they were approved previously by property owner consent pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and
WHEREAS, the adoption of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2023-2024 for LMD #2.

NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Fontana, California, as follows:

SECTION 3. The adoption of this resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2023, and ending June 30, 2024.

SECTION 5. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as Landscape Maintenance District No. 2, City of Fontana.

SECTION 6. The City Clerk is hereby authorized and directed to file the assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption.

SECTION 7. A certified copy of the assessment diagram shall be filed in the office of the City Clerk and open for public inspection. 2879
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APPROVED AND ADOPTED this 25
th day of July, 2023.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Germaine Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 25
th 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:

City Clerk
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RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT, AND

LEVYING THE ASSESSMENT FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 3 (“LMD #3” HUNTER’S RIDGE) FOR FISCAL YEAR 2023-2024.

WHEREAS, on June __, 2023, the City Council of the City of Fontana, (the “City Council”) adopted Resolution 2023-___ initiating proceedings for the levy and collection of assessments for Fiscal Year 2023-2024 for Landscape Maintenance District No. 3 (“LMD #3”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code (the “Act”), for the maintenance of landscaped areas; and
WHEREAS, the City Council has ordered the filing of an Engineer’s Report with the City Clerk, a report pursuant to law for the City Council’s consideration, and subsequently thereto the City Council adopted its Resolution of Intention (Resolution No. 2023-___) approving the Engineer’s Report and declaring the intention of the City Council to order the levy and collection of assessments to pay the costs and expenses of maintaining the landscaped areas in the District for the fiscal year commencing July 1, 2023, and ending June 30, 2024; and
WHEREAS, in November 1996, the voters of the State of California passed Proposition 218 which added Articles XIIIC and XIIID to the California Constitution requiring, among other things, new procedures for the approval of the levying of assessments against real property; and
WHEREAS, Article XIIID of the California Constitution requires that assessments comply with stated procedural and approval provisions by July 1, 1997, unless an assessment district meets certain exemptions as set forth in Section 5 of the Article, which exemptions include the following:
“(a) any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage system or vector control.” “(b) any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed;” and
WHEREAS, LMD #3 assessments proposed for Fiscal Year 2023-2024 are exempt from Proposition 218 because the assessments generate revenue for the operation and maintenance of streets and highways, all expenditures thereunder qualifying as street maintenance as defined by the State of California; and 2881
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WHEREAS, LMD #3 assessments are further exempt from proposition 218 because they were approved previously by property owner consent pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and
WHEREAS, the adoption of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2023-2024 for LMD #3.

NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Fontana, California, as follows:

SECTION 3. The adoption of this resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2023, and ending June 30, 2024.

SECTION 5. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as Landscape Maintenance District No. 3, City of Fontana.

SECTION 6. The City Clerk is hereby authorized and directed to file the assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption.

SECTION 7. A certified copy of the assessment diagram shall be filed in the office of the City Clerk and open for public inspection. 2882
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APPROVED AND ADOPTED this 25
th day of July, 2023.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Germaine Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 25
th 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:

City Clerk
2883

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RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT, AND

LEVYING THE ASSESSMENT FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 3-1 (“LMD #3-1” EMPIRE CENTER) FOR FISCAL YEAR 2023-2024.

WHEREAS, on June __, 2023, the City Council of the City of Fontana, (the “City Council”) adopted Resolution 2023-___ initiating proceedings for the levy and collection of assessments for Fiscal Year 2023-2024 for Landscape Maintenance District No. 3-1 (“LMD #3-1”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code (the “Act”), for the maintenance of landscaped areas; and
WHEREAS, the City Council has ordered the filing of an Engineer’s Report with the City Clerk, a report pursuant to law for the City Council’s consideration, and subsequently thereto the City Council adopted its Resolution of Intention (Resolution No. 2023-___) approving the Engineer’s Report and declaring the intention of the City Council to order the levy and collection of assessments to pay the costs and expenses of maintaining the landscaped areas in the District for the fiscal year commencing July 1, 2023, and ending June 30, 2024; and
WHEREAS, in November 1996, the voters of the State of California passed Proposition 218 which added Articles XIIIC and XIIID to the California Constitution requiring, among other things, new procedures for the approval of the levying of assessments against real property; and
WHEREAS, Article XIIID of the California Constitution requires that assessments comply with stated procedural and approval provisions by July 1, 1997, unless an assessment district meets certain exemptions as set forth in Section 5 of the Article, which exemptions include the following:
“(a) any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage system or vector control.” “(b) any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed;” and
WHEREAS, LMD #3-1 assessments proposed for Fiscal Year 2023-2024 are exempt from Proposition 218 because the assessments generate revenue for the operation and maintenance of streets and highways, all expenditures thereunder qualifying as street maintenance as defined by the State of California; and 2884
Resolution No. 2023-

Page 2 of 3 ends

WHEREAS, LMD #3-1 assessments are further exempt from proposition 218 because they were approved previously by property owner consent pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and
WHEREAS, the adoption of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2023-2024 for LMD #3-1.

NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Fontana, California, as follows:

SECTION 3. The adoption of this resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2023, and ending June 30, 2024.

SECTION 5. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as Landscape Maintenance District No. 3-1, City of Fontana.

SECTION 6. The City Clerk is hereby authorized and directed to file the assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption.

SECTION 7. A certified copy of the assessment diagram shall be filed in the office of the City Clerk and open for public inspection. 2885
Resolution No. 2023-

Page 3 of 3 ends

APPROVED AND ADOPTED this 25
th day of July, 2023.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Germaine Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 25
th 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:

City Clerk
2886

Page 1 of 3 ends

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT, AND

LEVYING THE ASSESSMENT FOR LOCAL LIGHTING MAINTENANCE
DISTRICT NO. 3 (“LLMD #3” HUNTER’S RIDGE) FOR FISCAL YEAR 2023-2024.

WHEREAS, on June __, 2023, the City Council of the City of Fontana, (the “City Council”) adopted Resolution 2023-___ initiating proceedings for the levy and collection of assessments for Fiscal Year 2023-2024 for Local Lighting Maintenance District No. 3 (“LLMD #3”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code (the “Act”), for the maintenance of landscaped areas; and
WHEREAS, the City Council has ordered the filing of an Engineer’s Report with the City Clerk, a report pursuant to law for the City Council’s consideration, and subsequently thereto the City Council adopted its Resolution of Intention (Resolution No. 2023-___) approving the Engineer’s Report and declaring the intention of the City Council to order the levy and collection of assessments to pay the costs and expenses of maintaining the landscaped areas in the District for the fiscal year commencing July 1, 2023, and ending June 30, 2024; and
WHEREAS, in November 1996, the voters of the State of California passed Proposition 218 which added Articles XIIIC and XIIID to the California Constitution requiring, among other things, new procedures for the approval of the levying of assessments against real property; and
WHEREAS, Article XIIID of the California Constitution requires that assessments comply with stated procedural and approval provisions by July 1, 1997, unless an assessment district meets certain exemptions as set forth in Section 5 of the Article, which exemptions include the following:
“(a) any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage system or vector control.” “(b) any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed;” and
WHEREAS, LLMD #3 assessments proposed for Fiscal Year 2023-2024 are exempt from Proposition 218 because the assessments generate revenue for the operation and maintenance of streets and highways, all expenditures thereunder qualifying as street maintenance as defined by the State of California; and 2887
Resolution No. 2023-

Page 2 of 3 ends

WHEREAS, LLMD #3 assessments are further exempt from proposition 218 because they were approved previously by property owner consent pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and
WHEREAS, the adoption of this Resolution, among other things, is required in order to levy the proposed assessments for Fiscal Year 2023-2024 for LLMD #3.

NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Fontana, California, as follows:

SECTION 3. The adoption of this resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2023, and ending June 30, 2024.

SECTION 5. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund known as Local Lighting Maintenance District No. 3, City of Fontana.

SECTION 6. The City Clerk is hereby authorized and directed to file the assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption.

SECTION 7. A certified copy of the assessment diagram shall be filed in the office of the City Clerk and open for public inspection. 2888
Resolution No. 2023-

Page 3 of 3 ends

APPROVED AND ADOPTED this 25
th day of July, 2023.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Germaine Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 25
th 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:

City Clerk
2889
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2371 Agenda Date: 7/25/2023
Agenda #: C. Category: Public Hearing
FROM:

Development Services
SUBJECT:

An Urgency Ordinance of the City Council of the City of Fontana in Accordance with Government Code Section 65858 Enacting for a Period of Forty-Five (45) Days a Moratorium on the Approval of any Building Permit, Occupancy Permit, Conditional Use Permit, Variance, Subdivision Map, Design Review or other Land Use Entitlement or Permit, or Regulatory License or Permit Required to Comply with the Provisions of the Municipal Code or Specific Plan for Service Based, NonEntertainment Uses.

RECOMMENDATION:

Waive the reading of the text in its entirety, read by title only, and adopt Ordinance No. 1922, “An Urgency Ordinance of the City Council of the City of Fontana in Accordance with Government Code Section 65858 Enacting for a Period of Forty-Five (45) Days a Moratorium on the Approval of any Building Permit, Occupancy Permit, Conditional Use Permit, Variance, Subdivision Map, Design Review or other Land Use Entitlement or Permit, or Regulatory License or Permit Required to Comply with the Provisions of the Municipal Code or Specific Plan for Service Based, NonEntertainment Uses. ” COUNCIL GOALS:
· To promote economic development by pursuing business retention, expansion and attraction. · To promote economic development by establishing a quick, consistent development process. · To improve public safety by increasing operational efficiency, visibility, and availability. · To preserve the local environment for generations to come and to create a healthy economic and environmental future by creating communities and neighborhoods that are attractive, safe, and convenient for walkers and bicyclists.
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.

DISCUSSION:

The City Council will consider an interim urgency ordinance placing a 45-day moratorium, effective immediately, on approvals of any building permit, occupancy permit, conditional use permit, variance, subdivision map, design review or other land use entitlement or permit; regulatory license or permit required to comply with the provisions of the City’s Municipal code or a Specific Plan for “Service based, Non Entertainment Uses” in the primary corridors of Sierra Avenue (from 10 Freeway to the 210 Freeway), and Foothill Boulevard (from Cherry Avenue to Maple Avenue), to allow the City to City of Fontana Page 1 of 2 Printed on 7/19/2023
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File #: 21-2371 Agenda Date: 7/25/2023
Agenda #: C. Category: Public Hearing
210 Freeway), and Foothill Boulevard (from Cherry Avenue to Maple Avenue), to allow the City to study its General Plan, Municipal Code or other amendments to local regulations. The moratorium requires a four-fifths vote of the City Council to pass.

On November 13, 2018, the City adopted its most recent General Plan which detailed the goals and objectives for the City over the next 20 years. In Chapter 14 -Downtown- the City set forth its intention to create a regional hub of the downtown area for dining, shopping and entertainment purposes to attract local and regional visitors. The main thoroughfares to downtown, Sierra Avenue corridor and Foothill Boulevard corridor funnel these visitors to the area and promote economic growth to the downtown area and City in general.

Pursuant to Government Code section 65858, this Interim Urgency Ordinance places a moratorium on service based, non-entertainment uses for the two economic corridors. If adopted, this moratorium will pause approval of service based, non-entertainment uses for the two corridors to allow the City time to study and consider potential amendments to the General Plan or Municipal Code to address the standards, process, and potential impacts.

During the moratorium, the City will not authorize or issue any use permit, variance, building permit, business license, or other applicable entitlement or approach for the service based, nonentertainment uses and activity.

The moratorium requires a four-fifths vote of the City Council to pass. If adopted, the moratorium will take effect immediately and remain in effect for 45 days. The City may extend the moratorium by adoption of an extension ordinance, but may adopt no more than two extension ordinances for a total life of 24 months, with the first extension for up to 10 months and 15 days.

During the 45 days of the moratorium, the City will study potential amendments to the General Plan, any specific plan, the Fontana Municipal Code and/or any other governing document(s) or policy(ies) related to service-based, non-entertainment uses and activity.

FISCAL IMPACT:

None.

MOTION:

Approve staff’s recommendation.

City of Fontana Page 2 of 2 Printed on 7/19/2023
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ATTACHMENT NO. 1
URGENCY ORDINANCE NO. 1922

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF FONTANA IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 65858 ENACTING FOR A
PERIOD OF FORTY-FIVE (45) DAYS A MORATORIUM ON

THE APPROVAL OF ANY BUILDING PERMIT,

OCCUPANCY PERMIT, CONDITIONAL USE PERMIT,

VARIANCE, SUBDIVISION MAP, DESIGN REVIEW,

ADMINISTRATIVE SITE PLAN REVIEW OR OTHER

LAND USE ENTITLEMENT OR PERMIT, OR

REGULATORY LICENSE OR PERMIT REQUIRED TO

COMPLY WITH THE PROVISIONS OF THE MUNICIPAL
CODE OR SPECIFIC PLAN FOR SERVICE BASED, NONENTERTAINMENT USES WHEREAS, the City of Fontana, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, Government Code section 65300, et seq. allows a city to adopt a General Plan to designate its long-term goals and policies related to its respective community and future development of the city; and
WHEREAS, on November 13, 2018, the City adopted its most recent General Plan, detailing the City’s goals and objectives over the next 20 years; and WHEREAS, Chapter 14 of the General Plan establishes the City’s intent to make its downtown a local and regional destination hub for dining, shopping and entertainment; and WHEREAS, the City has identified Foothill Boulevard and Sierra Avenue to be primary corridors that funnel local and regional visitors to its downtown, thereby promoting the economic growth of the City; and
WHEREAS, the City observes that the Sierra Avenue corridor extends from the 10 Freeway to the 210 Freeway, and the Foothill Boulevard corridor extends from Cherry Avenue to Maple Avenue; and
WHEREAS, the City desires to create a balanced environment within its corridors to foster a similar vision to that of the downtown area; and
WHEREAS, to the extent that the land in the Sierra Avenue and Fontana Boulevard corridors are underutilized, underperforming, or inconsistent with the City’s General Plan, the City 2892
ATTACHMENT NO. 1
has a responsibility to move forward with studies necessary to implement General Plan policies related to the economic corridors in order to maintain the City’s vibrancy; and WHEREAS, without the enactment of this Ordinance, multiple applicants could quickly receive entitlements that would allow for uses contrary to the City’s General Plan, subjecting the City to the potential effects and impacts of uncoordinated and conflicting uses, impacts on parking availability in the downtown area of the City, the aesthetic impacts to the City, and other similar or related effects on property values and the quality of life in the City’s neighborhoods and effectively creating a current and immediate threat to the public health, safety, and welfare; and WHEREAS, the City intends to study zone change prohibiting certain service-related uses along two of its main thoroughfares (Sierra Avenue and Foothill Boulevards) in an effort to maximize economic development, sales tax generation, and encourage entertainment-related development along those corridors; and
WHEREAS, Government Code section 65858 authorizes the City to adopt an interim Urgency Ordinance to protect the public safety, health and welfare and to prohibit uses which may be in conflict with a contemplated General Plan or zoning proposal which the City is considering, studying or intends to study within a reasonable time.

NOW, THEREFORE, the City Council of the City of Fontana does ordain as follows:

Section 1. Findings. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Moratorium. The City shall not issue or approve any building permit, occupancy permit, conditional use permit, variance, subdivision map, design review, administrative site plan review or other land use entitlement or permit; or regulatory license or permit required to comply with the provisions of the City’s Municipal Code or a Specific Plan for any “Service Based, NonEntertainment Uses” as defined herein in Section 3 on any property within four hundred (400) feet from the center line of the location of Sierra Avenue from the 10 Freeway to the 210 Freeway (Sierra Avenue corridor), and Foothill Boulevard and Cherry Avenue to Foothill Boulevard and Maple Avenue (Foothill Avenue corridor), as shown on Exhibit A attached hereto and incorporated herein by this reference.

Section 3. “Service Based, Non-Entertainment Uses” shall mean the following uses as these uses are defined in Chapter 30:
 Adult vocational classes, trade schools, computer training  Animal Kennel
 Animal Training, keeping or raising
 Antique restoration
2893
ATTACHMENT NO. 1
 Ambulance services
 Animal hospital
 Auto body painting and repair
 Auto car alarm and stereo installation (within an enclosed building only)  Auto car washes
 Auto driving schools
 Auto rental
 Auto rental agencies with parking for vehicle rentals  Auto stereo, alarm, and upholstery installation or repair  Auto Storage
 Barber, hair/nail/skincare/tanning salon, as a primary use  Barber, hair/nail/skincare/tanning salon and day spa
 Bed and Breakfast
 Blueprinting, printing, copying, packing, mailing services as a primary use  Body Art – tattooing body piercing and / or permanent cosmetics  Car and Truck washes
 Cemeteries, crematory, mortuary and mausoleums
 Chemical substance abuse facility
 Check cashing/deferred deposit or payday advance uses with or without ancillary services  Cleaners / laundry
 Clinic – medical, dental or cosmetic
 Clothing and costume rental
 Community Care Facility
 Convalescent Hospital
 Commercial day care
 Dress maker or millinery shop
 Dry cleaners/laundry—non-commercial
 Equipment Rental
 Equipment and Appliance Repair
 Fortunetelling
 Funeral parlors
 Furniture refinishing
 Furniture upholstery
 Homeless Shelters
 Hospitals
 Hotels / Motels (less than 50 rooms)
 Jewelry repair, as a primary use
 Laundromat
2894
ATTACHMENT NO. 1
 Locksmith
 Locksmith/key shops
 Machine Shop
 Massage / Acupressure as a primary use
 Massage as ancillary use to primary permitted use—less than 40% of gross floor area of business
 Medical/dental/counseling/psychology/hearing aids/acupuncture/homeopathy/physical therapy/sports therapy
 Medical services-All
 Mortuary
 Nail salon
 Nursing Home
 Pet boarding
 Pet boarding and kennels
 Pet grooming
 Photography Studios
 Photocopying and photo developing (retail)
 Postal services/mail box rentals
 Private Schools (pre-K-12)
 Publishing establishments
 Self-storage facility
 Shoe Repair
 Tailor and alterations
 Traffic and automobile driving schools
 Traffic schools
 Trailer rental
 Trailer repair
 Trailer custom repair
 Truck Driving Schools
 Truck Fueling
 Truck rental
 Truck body painting and repair
 Truck repair including customization
 Truck stereo, alarm, and upholstery installation or repair  Truck Storage
 Veterinarian clinic and hospitals (with incidental boarding) Section 4. Compliance with California Environmental Quality Act. The City finds that this Urgency Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant 2895
ATTACHMENT NO. 1
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of zoning code revisions and related impact studies.

Section 5. Effective Date. This Urgency Ordinance was adopted by the necessary fourfifths vote of the members of the City Council pursuant to Government Code section 65858, and shall take effect immediately upon its adoption.

Section 6. Written Report. At least ten (10) days before this Urgency Ordinance or any extension expires, the City Manager shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of this Urgency Ordinance.

Section 7. Publishing. The City Clerk shall certify to the passage of this Urgency Ordinance and cause the same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation, printed and published in San Bernardino, California.

Section 8. Term. This Ordinance is an Urgency Ordinance, enacted pursuant to Government Code section 65858. The term of this Urgency Ordinance shall be for forty-five (45) days from the date of adoption and shall expire and be of no further force or effect, unless and until extended in accordance with Government Code section 65858.

Section 9. The Custodian of Records for this Ordinance is the City Clerk and the records compromising the administrative record for this Ordinance are located at 8353 Sierra Avenue, Fontana, California 92335.

Section 10. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions may be declared invalid or unconstitutional. 2896
ATTACHMENT NO. 1
PASSED, APPROVED AND ADOPTED by the City Council of the Fontana California, at a regular meeting of the City Council held on the 25th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

City of Fontana
________________________________
Acquanetta Warren, Mayor
ATTEST:
________________________________
Germaine McClellan Key, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
________________________________
Ruben Duran, City Attorney
2897
Legend
Sierra Ave and Foothill
Blvd
400 ft Buffer
c=J Moratorium Parcels
within the 400 ft Buffer
L Owner Parcels
c-..==-J City Boundary
0 0.4 0.8 1.59 Miles
Ordinance 1922 Exhibit A
Sierra Ave and Foothill Blvd
Moratorium Parcels Within 400 Feet of Center
2898
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2373 Agenda Date: 7/25/2023
Agenda #: D. Category: Public Hearing
FROM:

Development Services
SUBJECT:

Third Amendment to Fontana Woman’s Club Operating Covenant Agreement.

RECOMMENDATION:

1. Adopt Resolution No. 2023-095, of the City Council of the City of Fontana Approving the Third Amendment to the Operating Covenant Agreement Between the City and Fontana Woman’s Club, a California Domestic Nonprofit, to Bring Current the Installment Schedule as Set Forth in the Second Amended Operating Covenant and to Effectuate Conditions for Repayment Forgiveness Thereof.

2. Find that the amendment to the Operating Covenant Agreement is exempt from the California Environmental Quality Act Review (CEQA) under Sections 15301, 15331, and 15332 of the State CEQA Guidelines and direct staff to file the Notice of Exemption within five days.

COUNCIL GOALS:
· To practice sound fiscal management by producing timely and accurate financial information. · To promote economic development by striving to constantly improve the city's competitiveness.

DISCUSSION:

The building located at 16880 Seville Avenue was constructed in 1925 and has been the home of the Fontana Woman's Club since that time. In 1995 the City Council designated the Woman's Club building as a local historic resource and it is a City of Fontana landmark.

The Fontana Woman's Club, a California Domestic Nonprofit ("Owner"), is in the process of opening a high quality, upscale restaurant and has requested financial assistance from the City in order to retrofit the building to accommodate the restaurant while preserving the historical character of the building.

On June 11, 2019, the City Council adopted Resolution No. 2019-074 entering into an Operating Covenant Agreement with the Fontana Woman’s Club and providing $400,000.000 in grant funding to assist in the rehabilitation of the interior of the building to accommodate a high quality, upscale restaurant.

On February 11, 2020, the City Council adopted Resolution No. 2020-012, to approve an amendment to the Operating Covenant Agreement, which increased the improvement budget and total funding by an additional $200,000, due to unforeseeable additional expenses incurred as a part of the rehabilitation of the interior of the building for the opening of the restaurant. The City had previously City of Fontana Page 1 of 2 Printed on 7/18/2023
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File #: 21-2373 Agenda Date: 7/25/2023
Agenda #: D. Category: Public Hearing
rehabilitation of the interior of the building for the opening of the restaurant. The City had previously agreed to grant the Woman’s Club $600,000 for the purposes of revitalization and rehabilitation of the facility.

On May 25, 2021, the City Council adopted Resolution No. 2021-026 to approve another amendment of the Operating Covenant Agreement that provided a fixed loan in the amount of $125,000, and implemented a repayment schedule, to facilitate the final rehabilitation of the interior of the Woman’s Club building for the opening of the restaurant.

A third amendment to the OCA for the Fontana Woman’s Club will bring current the loan installment schedule as set forth in the Second Amendment and will implement conditions of loan forgiveness for the loan, in exchange for a minimum level of annual sales tax revenue generated by the operation of the restaurant. Once opened, the restaurant will help facilitate the use of the building to enhance economic development in the downtown area as indicated in the Downtown Area Plan and as a part of the General Plan.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is annual loan payments in the amount of $17,500 over ten years for a total of $175,000. In fiscal years where the Owner generates $2.0 million in taxable revenue, the loan payments will be forgiven.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 7/18/2023
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Resolution No. 2023-
XXX
16498.00001\41476377.2
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA (“CITY”) APPROVING THE THIRD AMENDMENT TO THE OPERATING

COVENANT AGREEMENT BETWEEN THE CITY OF FONTANA AND THE
FONTANA WOMAN’S CLUB, A CALIFORNIA DOMESTIC NONPROFIT, TO

BRING CURRENT THE INSTALLMENT SCHEDULE AS SET FORTH IN THE

SECOND AMENDED OPERATING COVENANT AND TO EFFECTUATE

CONDITIONS FOR REPAYMENT FORGIVENESS THEREOF
WHEREAS, the Fontana Woman’s Club (“Owner”), a California Domestic Nonprofit, is the owner of that certain real property located at 16880 Seville Avenue, Fontana, CA 92335 (“Property”), on which Owner plans to open a high quality, upscale restaurant while preserving the historical character of the building; and,
WHEREAS, the City and Owner have negotiated an Operating Covenant Agreement (“Agreement”) designed to ensure that Fontana Woman’s Club opens a high quality, upscale restaurant, currently identified as “Spaggi’s”, or such other restaurant as listed in the agreement or as approved by the City Manager (the “Business”) in Fontana; and, WHEREAS, On March 25, 2021, the Parties entered into a Second Amendment to the Operating Covenant Agreement (the “Second Amendment”),which established a fixed loan, and repayment schedule, from the City to the Owner, to continue the maintenance and operations of the Fontana Woman’s Club; and;
WHEREAS, the City desires to bring current the fixed loan installment schedule as set forth in the Second Amendment and desires to effectuate conditions for repayment forgiveness of the loan in exchange for a minimum level of annual sales tax revenue generated by the restaurant, in a Third Amendment to the Operating Covenant Agreement; and,
WHEREAS, the City has determined that Owner’s operation of the business will result in substantial benefits to the City and its citizens including, without limitation, the creation of new employment opportunities, property tax revenues, sales tax revenues and other ancillary benefits. Accordingly, the City has also determined that the Operating Covenant Agreement serves a significant public purpose, while providing only incidental benefits to a private party; and,
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.) (collectively, “CEQA”), the City is the lead agency for the proposed Project, and
WHEREAS, in accordance with CEQA, the City has determined that approval of the Project is exempt from requirements of CEQA pursuant to State CEQA Guidelines sections 15331, 15332, and 15301, and,
2901
Resolution No. 2023-
XXX
16498.00001\41476377.2
WHEREAS, on July 25, 2023, the City Council of the City of Fontana conducted a public hearing to consider the Third Amendment to the Operating Covenant between the City and Owner and concluded said hearing on that date.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:

Section 1: Recitals. The above Recitals are true and correct and by this reference incorporated herein.

Section 2: CEQA. Compliance with the California Environmental Quality Act. Based upon its review of the entire record before it, the City Council hereby finds and determines that the proposed Project is categorically exempt from environmental review under CEQA pursuant to State CEQA Guidelines sections 15331 (Class 31 exemption), 15332 (Class 32 exemption), and 15301 (Class 1 exemption).

The Class 31 exemption applies to, among other things, the maintenance, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings. The proposed Project here qualifies for a Class 31 exemption because its purpose is to maintain, rehabilitate, restore, preserve, and reconstruct the Woman’s Club (an historic resource) in accordance with the Secretary of the Interior’s standards. (See ARG Rehabilitation Study for Fontana Woman’s Club Building, pp. 79-106.) More specifically, ARG recommended rehabilitation of the Woman’s Club Building as the overall treatment approach because the building possesses a high level of historic significance yet is suffering from years of deferred maintenance. (Id. at p. 79.) The Secretary of Interior’s Standards of Rehabilitation serve as the basis and guide for all treatment recommendations put forth by ARG. (Id. at pp. 79-80.) For these reasons, the proposed Project is exempt from further review under CEQA. This exemption alone is sufficient to independently exempt the whole of the Project.

Additionally, and in the alternative, the Project is exempt pursuant to State CEQA Guidelines section 15332, which exempts infill development within urbanized areas. The Project is consistent with the local General Plan and zoning requirements. It occurs within City limits on an existing site of no more than 5 acres substantially surrounded by urban uses.

The Project site has no value as habitat for endangered, rare or threatened species. The Project would not result in any significant, traffic, noise, air quality or water quality impacts, as the proposed restaurant use is consistent with the current assembly use of the Woman’s Club as a catering and special events operation. Finally, the Project can be adequately served by all required utilities and public services. Accordingly, the Project is exempt under State CEQA Guidelines section 15332. For these reasons, the proposed Project is exempt from further review under CEQA. This exemption alone is sufficient to independently exempt the whole of the Project.

Finally, and also in the alternative, the Project is exempt under State CEQA Guidelines section 15301, which , among other things, exempts the operation, repair, maintenance, or minor alterations of existing public or private structures and facilities, where such activity involves negligible or no expansion of existing use. The Project qualifies for the Class 1 2902
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exemption because it proposes to rehabilitate the interior of the existing Woman’s Club building, with negligible or no expansion of existing use. For these reasons, the proposed Project is exempt from further review under CEQA. This exemption alone is sufficient to independently exempt the whole of the Project.

Furthermore, none of the exceptions to the exemptions under State CEQA Guidelines § 15300.2 apply. The Project will not result in a cumulative impact from successive projects of the same type in the same place, over time. Similarly, there are no unusual circumstances surrounding the Project that result in a reasonable possibility of a significant effect on the environment. The Project site is currently developed, there are no endangered species or wetlands on site. The proposed restaurant use of the Woman’s Club is consistent with the current assembly use as a catering and special events operation. Further, the rehabilitation and improvements would take place on the interior of the existing building. Likewise, the Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources, as the site is already developed. Moreover, the proposed Project site is not included on a list compiled pursuant to Section 65962.5 of the Government Code. Finally, the proposed project would not cause a substantial adverse change in the significance of an historical resource. Specifically, even though the Woman’s Club is listed as a California Point of Historical Interest and a City of Fontana Landmark on the City’s local inventory, the proposed project would not result in a substantial adverse change in the significance of the resource. Specifically, the Project would not (A) demolish or materially alter in an adverse manner those physical characteristics of the historical resource that convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in the California Register of Historical Resources; or (B) demolish or materially alter in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources pursuant to section 5020.1(k) of the Public Resources Code or its identification in an historical resources survey meeting the requirements of section 5024.1(g) of the Public Resources Code; or (C) demolish or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its eligibility for inclusion in the California Register of Historical Resources as determined by a lead agency for purposes of CEQA. (State CEQA Guidelines, § 15064.5(b)(2)(A)-(C).) (See ARG Rehabilitation Study for Fontana Woman’s Club Building.) Finally, because the proposed Project follows the Secretary of Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and Grimmer, the City Council finds that the proposed Project would not have a significant impact on the historical resource. Thus, Classes 31, 32, and 1 exemptions apply, and no further environmental review is required.

Section 3: Findings. The City Council hereby finds that:
a) Entering into the Third Amendment to Operating Covenant Agreement will serve the following public purposes:
1) Opening the business within the City will create jobs and maintain economic diversity in the community by generating new opportunities for economic growth with the City; and
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2) Opening the business within the City will generate revenue for the City, allow for the retention of jobs, and assist in revitalizing the downtown area of Fontana; and ,
3) Opening the business may attract additional businesses and investment in the community due to increased services and economic activity in the area.
b) Based upon these and other public benefits, the public purposes of the agreement outweigh any private benefit to private persons or entities. c) Opening the business will ensure the continued receipt of sales tax revenues generated by the Business for a period of ten (10) years.

Section 4: Approve Agreement. The City Council hereby approves the Third Amendment to the Operating Covenant Agreement attached to this Resolution as Exhibit A.

The City Council hereby authorizes the City Manager, with the concurrence of the City Attorney, to execute said Agreement. City Manager is hereby authorized to take any additional steps necessary to facilitate the intention of this action.

Section 5: Implementation. The City Manager or his or her designee is hereby authorized and directed to, on behalf of the City, execute any and all documents in accordance with this Resolution and applicable law.

Section 6: Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 7: Certification. The City Clerk shall certify to the adoption of this Resolution.

Section 8: Effective Date. This Resolution shall become effective immediately upon its adoption.

Section 9: Custodian of Records. The documents and materials that constitute the record of proceedings on which this Resolution and the above findings have been based are in the Development Services Organization, Planning Department, located at 8353 Sierra Avenue, Fontana, CA 92335.

APPROVED AND ADOPTED on this 25th day of July, 2023.

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 resolution is the actual resolution 2904
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duly and regularly adopted by the City Council at a regular meeting on the 25 th of July,
2023, 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
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Exhibit “A”
Third Amendment to the Operating Covenant Agreement
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1 RECORDING REQUESTED BY:

WHEN RECORDED MAIL
DOCUMENT TO:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn.: City Clerk
__________________________________________________________________________ Space Above This Line for Recorder’s Use Only
Exempt from Recording Fees Pursuant
to Gov. Code §§ 27383, 6103

THIRD AMENDMENT TO

OPERATING COVENANT AGREEMENT
between

THE CITY OF FONTANA,
a California municipal corporation
(“CITY”)
and
FONTANA WOMAN’S CLUB
(“OWNER”)
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2 CITY OF FONTANA

THIRD AMENDMENT TO OPERATING COVENANT AGREEMENT
(Fontana Woman’s Club)
This Third Amendment to Operating Covenant Agreement (Fontana Woman’s Club) (the “Third Amendment to Agreement”) is dated July 26, 2023, for reference purposes only and is entered into by and between the City of Fontana, a California municipal corporation (the “City”), and Fontana Woman’s Club, a California Domestic Nonprofit corporation (the “Owner”). The City and the Owner are collectively referred to herein as "Parties" or individually referred to as a "Party."

RECITALS
A. On June 11, 2019, the Parties entered into that certain Operating Covenant Agreement (Fontana Woman’s Club) (the “Original Agreement”), recorded June 26, 2019 as Document No. 2019- 0211363 in the Official Records, in the Office of the County Recorder of the County of San Bernardino, State of California.

B. On April 13, 2020, the Parties entered into that certain First Amendment to the Operating Covenant Agreement (the “First Amendment”), recorded, May 5, 2020, as Document No. 2020-0152398 in the Official Records, in the Office of the County Recorder of San Bernardino, State of California.

C. On March 25, 2021, the Parties entered into that certain Second Amendment to the Operating Covenant Agreement (the “Second Amendment”), recorded June 30, 2021, as Document No. 2021-0295930 in the Official Records, in the Office of the County Recorder of San Bernardino, State of California.

D. The definitions described within Section 1 of the Original Agreement shall have the same meaning in this Third Amendment to Agreement.

E. To bring current the Fixed Loan installment schedule as set forth in the Second Amendment to the Operating Covenant Agreement, recorded June 30, 2021, as Document No. 2021- 0295930 in the Official Records, in the Office of the County Recorder of San Bernardino, State of California, between the Owner and City; and
F. To effectuate and provide the Owner with terms in which the City may forgive repayment of the Fixed Loan, it now becomes necessary to amend the Agreement and the Parties are desirous of such amendment.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN, THE PARTIES AMEND THE ORIGINAL AGREEMENT AS FOLLOWS:

1. Section 6.7 shall be amended as follows:
a. “6.7. Fixed Loan. The Owner hereby acknowledges receipt of the Fixed Loan proceeds in the amount of One Hundred Twenty Five Thousand Dollars ($125,000) from the City, with the final payment being issued on or before March 1, 2023, and agrees to repay such proceeds over a ten-year repayment period in annual installment amounts of $17,500 (“Loan Payment”) for a total repayment amount of One Hundred Seventy-Five Thousand Dollars ($175,000) to the City (" Fixed Loan"), subject to adjustments defined in Section 6.8 below. The principal of the Fixed Loan shall be 2908
3 payable in ten annual installments prior to June 1 in each of the years and in the principal amount and interest amount on each installment of the Fixed Loan as set forth below:

Payment Date Principal Amount Interest Amount Total Loan Payment July 1, 2024 $ 12,500.00 $ 5,000.00 $ 17,500.00
July 1, 2025 $ 12,500.00 $ 5,000.00 $ 35,000.00
July 1, 2026 $ 12,500.00 $ 5,000.00 $ 52,500.00
July 1, 2027 $ 12,500.00 $ 5,000.00 $ 70,000.00
July 1, 2028 $ 12,500.00 $ 5,000.00 $ 87,500.00
July 1, 2029 $ 12,500.00 $ 5,000.00 $ 105,000.00
July 1, 2030 $ 12,500.00 $ 5,000.00 $ 122,500.00
July 1, 2031 $ 12,500.00 $ 5,000.00 $ 140,000.00
July 1, 2032 $ 12,500.00 $ 5,000.00 $ 157,500.00
July 1, 2033 $ 12,500.00 $ 5,000.00 $ 175,000.00
b. Section 6.8 shall be amended as follows
“6.8. For each year, beginning July 1, 2024, and ending on May 31, 2033, in which Business has generated Two Million Dollars ($2,000,000) or more in total taxable revenue for the prior fiscal year, Loan Payment shall not be due and payable by Owner for said year and shall reflect as a credit to the Total Loan Payment, as if Owner made payment as scheduled per the above table.

2. All remaining provisions of the Original Agreement shall remain the same. (Signatures on Following Page)
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4 IN WITNESS WHEREOF, the City and Owner have approved this First Amendment to Agreement effective the day and year first above written.

CITY: OWNER:

CITY OF FONTANA FONTANA WOMAN’S CLUB
A California Municipal Corporation a California Domestic Nonprofit Corporation By: By:

Matthew Ballantyne
City Manager
ATTEST:

By:

Germaine Key
City Clerk
APPROVED AS TO LEGAL FORM:

Best Best & Krieger, LLP
By:

City Attorney
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Fontana City CouncilJuly 25, 2023

Fontana City Council
July 25, 2023