Fontana City Council
July 25, 2023

RESOLUTION PC NO. 2023-

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

FONTANA RECOMMENDING THAT CITY COUNCIL ADOPT A

RESOLUTION TO CERTIFY THE FINAL ENVIRONMENTAL IMPACT
REPORT (STATE CLEARINGHOUSE NO. 2022110624), THE

STATEMENT OF OVERRIDING CONSIDERATIONS, THE

MITIGATION MONITORING AND REPORTING PROGRAM, AND THE
STATEMENT OF FACTS AND FINDINGS; DIRECT STAFF TO FILE
THE NOTICE OF DETERMINATION; AND ADOPT A RESOLUTION
APPROVING GENERAL PLAN AMENDMENT NO. 22- 010 TO AMEND
CHAPTER 9, 14, AND 15 OF THE GENERAL PLAN TO RECAST THE

HIERARCHY OF STREETS PLAN AND CREATE A NEW LAND USE
CATEGORY OF WALKABLE MIXED-USE 3 (WMXU-3); AND AN
ORDINANCE APPROVING ZONE CHANGE NO. 22-010 TO AMEND
THE FORM BASED CODE IN CHAPTER 30 TO IDENTIFY SIX

DISTRICTS OF THE DOWNTOWN CORE AND ASSOCIATED

DEVELOPMENT STANDARDS FOR THE CREATION OF THE
DOWNTOWN CORE AND SIERRA AVENUE PEDESTRIAN PLAZA.

WHEREAS, the City applied for a SB2 application on March 28, 2019 with the California Department of Housing and Community Development to increase housing density in the Downtown for the following:

Project Location: The project site is bounded by Foothill Boulevard to the north, Randall Avenue to the south, Juniper Avenue to the west, and Mango Avenue to the east.

Project Site Area: 478 acres; and,
WHEREAS, The Downtown Core is a City initiated project that is part of the State of California’s SB2 legislation to increase housing density in the city; and, WHEREAS, it is the City goal to build a downtown that will provide for entertainment, retail, service and residential uses; and, WHEREAS, implementing a new land use designation of Walkable Mixed-Use Downtown Core (WMXU-3) to the General Plan would accommodate higher density residential development and attractive commercial development to make the City’s downtown a local and regional destination hub for entertainment, retail, service and residential uses; and,
WHEREAS, amending Chapters 9 (Community Mobility and Circulation),14 (Downtown Area Plan) and 15 (Land Use, Zoning, and Urban Design) of the General Plan to recast the hierarchy of city streets, increase residential density within the Downtown Core, and establish the Sierra Avenue pedestrian plaza, would facilitate an attractive local and regional destination in the Downtown Core; and.

WHEREAS, introducing six (6) new districts (Sierra Core, Gateway Core, MixedUse Core, Multi-Family Core, Neighborhood Core, Civic Core) to the City’s downtown 2007 379
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core, through Chapter 30 of the Fontana Municipal Code, would allocate and increase the residential density and mixed-use development opportunities in the downtown core and foster the City’s goal of creating a local and regional hub for entertainment, retail, service and residential uses in the area; and,
WHEREAS, the City has prepared a Final EIR, consisting of the comments received during the 45-day public review and comment period on the Draft EIR, written responses to those comments, revisions to the Draft EIR, and an errata making minor, nonsubstantive changes to the Final EIR. For the purposes of this Resolution, the “EIR” shall refer to the Draft EIR, as revised by the Final EIR, together with the other sections of the Final EIR; and,
WHEREAS, based on the information contained in Environmental Impact Report (State Clearing House No. 2022110624), the EIR has been circulated per the CEQA guidelines; and,
WHEREAS, the owners of property within 660 feet of the project site were notified via public hearing notice mailer prior to the Public Hearing; and a notice of the public hearing was published in the Fontana Herald newspaper on July 7, 2023, at City Hall and at the project site; and,
WHEREAS, on July 18, 2023, the Planning Commission received a staff report and all the information, evidence, and public testimony and considered General Plan Amendment No. 22-010 and Zoning Code Amendment No. 22-010; and, WHEREAS, the Commission carefully considered all information pertaining to the project, including the staff report, findings, and all the information, evidence, and testimony presented at its public hearing on July 18, 2023; and, WHEREAS, General Plan Amendment No. 22-010 and Zoning Code Amendment No. 22-010 are supported by goals and policies of the General Plan; and, WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning.

NOW, THEREFORE, the Planning Commission RESOLVES as follows:

Section 1. The above recitals are true and correct and incorporated herein by reference.

Section 2. The City of Fontana Planning Commission hereby makes the following findings for General Plan Amendment No. 22-010 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:

Finding: The purpose and intent is to keep an updated General Plan to reflect the current desires and needs of the citizens for the long-term growth of the City.

Findings of Fact: The City of Fontana is updating the General Plan in order to allow 2008 380
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higher density and creating a destination area in the Downtown for the local and regional communities. This update includes implementing goals and policies designed to allow for higher density residential and creating attractive public spaces through high quality development and an attractive pedestrian plaza. The uses that would be encouraged are outdoor dining, outdoor amenities and commercial development to stimulate the nightlife including restaurants and breweries. Chapter Nine, Community Mobility Circulation, will be amended will be amended to allow the pedestrian plaza on Sierra Avenue between Arrow Boulevard and Orange Way. Chapter 14, Downtown Area Plan, is being revised to establish the pedestrian plaza and designate a plan to create an attractive Downtown. Chapter 15 will establish the Walkable MixedUse Downtown Core (WMXU-3) to implement the Downtown Core and allow higher density to stimulate an active Downtown.

Section 3. The City of Fontana Planning Commission hereby makes the following findings for Zone Change No. 22-010 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 City of Fontana is implementing the Downtown Core with six new “Core” districts, the Civic Core, Gateway Core, Multi-Family Core, Mixed-Use Core, neighborhood Core and Sierra Core. The Sierra Core will be the heart of the Downtown and allow seventy (70) units per acre with commercial development required on the first floor. This area is where the pedestrian plaza will be, and the goal is to allow high end development with attractive architecture, pedestrian amenities and commercial development to create a vibrant Downtown. The Gateway, and Mixed-Use Core districts will allow for mixed-use development with incentives to allow a density up to fifty (50) units per acre with commercial development.

Currently, the Form Based Code limits development up to thirtynine (39) units per acre. The Multi-Family Core will allow for multifamily development up to thirty-nine (39) units per acre and up to fifty (50) units per acre with a one acre lot assemblage. This area will act as a buffer between the Core districts previously mentioned and the lower density Neighborhood Core. The Neighborhood Core allows for single-family development, but does allow incentives to allow an extra accessory dwelling unit (ADU) in addition to the State 2009 381
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mandate on ADU’s. Multi-family development is permitted in the Neighborhood Core, but the minimum lot size is one acre.

Section 4. The Planning Commission has reviewed and considered the EIR and Mitigation Monitoring and Reporting Program, any oral or written comments received, and the administrative record prior to making any decision on the project. The Planning Commission finds that the EIR and Mitigation Monitoring and Reporting Program contain a complete and accurate reporting of all the environmental impacts associated with the Project. The Planning Commission further finds that the EIR and Mitigation Monitoring and Reporting Program have been completed in compliance with the 2019 Local CEQA Guidelines and the State CEQA Guidelines.

Section 5. Based on the foregoing, the Planning Commission hereby recommends that the City Council adopt a resolution to certify the Final Environmental Impact Report (State Clearinghouse No. 2022110624), pursuant to Section 15126 through 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.1 of the City of Fontana’s 2019 Local CEQA Guidelines and direct staff to file the Notice of Determination and adopt a resolution approving General Plan Amendment No. 22-010, and adopt an ordinance approving Zoning Code Amendment No. 22-010 subject to the findings as indicated herein.

Section 6. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335.

This information is provided in compliance with Public Resources Code section 21081.6.

Section 7. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 18th day of July, 2023.

City of Fontana
Cathline Fort, Chairperson
ATTEST:

I, Ralph Thrasher, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on this 18th day of July 2023, by the following vote, to-wit:
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Resolution PC No. 2023-
Attachment No. 9

AYES:

NOES:

ABSENT:

ABSTAIN:

Ralph Thrasher,
2011 383

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.

PUBLIC HEARINGS HAVE BEEN SCHEDULED BEFORE THE PLANNING COMMISSION AND CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:

MEETING LOCATIONS, DATE AND TIME: Planning Commission Meeting: Tuesday, July 18, 2023 at 6:00 p.m. and City Council Meeting: Tuesday, July 25, 2023 at 7:00 p.m. Both meetings will take place at the Grover W. Taylor City Hall Council Chambers, 8353 Sierra Ave. Fontana, CA 92335.

Master Case (MCN) No. 22-118, General Plan Amendment (GPA) No. 22-010 and Zone Change Application (ZCA) No. 22-010: The City is proposing to create a new focused area in the Downtown Core (Project Area) by creating and implementing a new General Plan land use category and six new Form Based Code (FBC) districts specific to the Project Area along with a pedestrian plaza on Sierra Ave. The Project would involve amending General Plan Chapter 9, Community Mobility and Circulation, Chapter 14, Downtown Area Plan, and Chapter 15, Land Use, Zoning, and Urban Design, including establishing a new General Plan land use category, amending the General Plan Land Use Map to apply the new land use category, and amending the Zoning and Development Code, including the Zoning District Map. The proposed Project, would in part, provide increased residential development opportunities, consistent with the goals of the SB 2 Planning Grant received by the City.

Environmental
Determination:

This project has been determined to have a significant effect on the environment and a Draft Environmental Impact Report (EIR) (SCH No. 2022110624) has been prepared pursuant to Sections 15080 to 15097 and Section 15163 of the California Environmental Quality Act (CEQA).

Location of
Property:

The 478-acre site is bounded by Foothill Boulevard on the north, Randall Avenue on the south, Juniper Avenue on the west, and Mango Avenue on the east.

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/3580/Downtown-CoreProject. Should you have any questions concerning this project, please contact Alejandro Rico, Associate Planner, at (909) 350-6558. E-mail: [email protected]

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION AND CITY COUNCIL. A COPY OF THE ENVIRONMENTAL DOCUMENT 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.

Mango Ave
Juniper Ave
Project
Area
Randall Ave
Foothill Blvd
Attachment No. 10
2012 384
Table of Contents
Downtown
Fontana
Development Guide
Attachment No. 11
2013 385
2014 386
July 10, 2023
Prepared For:

City of Fontana
Prepared By:

SWA Group
DeNovo Planning Group
Kittelson & Associates
Economic Planning Systems
Downtown
Fontana
Development Guide
2015 387
2016 388
Table of Contents
Table of Contents
INTRODUCTION.................................................................................................................................................................................2 ADMINISTRATIVE PROCESSES............................................................................................................................................................2 ADMINISTRATION.......................................................................................................................................................................................1 DOWNTOWN VISION.........................................................................................................................................................................2 DOWNTOWN VISION ..................................................................................................................................................................................1 DEVELOPMENT DISTRICTS & STANDARDS .........................................................................................................................................6 DISTRICTS .................................................................................................................................................................................................1 FRONTAGES ............................................................................................................................................................................................13 GENERAL REGULATIONS ............................................................................................................................................................................23 PRIVATE OPEN SPACE TYPES ......................................................................................................................................................................29 COMMON OPEN SPACE STANDARDS ............................................................................................................................................................30 PERMITTED USES .....................................................................................................................................................................................33 DESIGN & ARCHITECTURAL REGULATIONS ......................................................................................................................................43 FONTANA’S ARCHITECTURAL CHARACTER......................................................................................................................................................44 ARCHITECTURAL STYLES.............................................................................................................................................................................47 DESIGN REGULATIONS...............................................................................................................................................................................55 List of Figures
FIGURE 1 - PLACEMAKING FRAMEWORK............................................4 FIGURE 2 - DOWNTOWN CORE DISTRICTS MAP ..................................0 FIGURE 3 - SIERRA AVENUE BUILDING FORM STANDARDS.....................3 FIGURE 4 - FACADE REQUIREMENTS ...............................................14 FIGURE 5 - AREA OF DOWNTOWN ELIGIBLE FOR 15% METROLINK
PARKING REDUCTION.........................................................26 List of Tables
TABLE 1 - ALLOWABLE FRONTAGES BY DISTRICT ...............................14 TABLE 2 - MAXIMUM HEIGHT OF FENCES OR WALLS .........................23 TABLE 3 - OFF-STREET PARKING DIMENSIONS..................................24 TABLE 4 - PARKING FOR SENIOR HOUSING ......................................24 TABLE 5 - BICYCLE SPACES REQUIRED .............................................27 TABLE 6 - PERMITTED USES ..........................................................34 2017 389
Table of Contents
1 2018 390
Table of Contents
2 Introduction
The Downtown Fontana Development Guide
(“Guide”) is designed to be a user-friendly handbook
to help guide development in the Downtown Core,
shown in Figure 2. The Downtown Core is located
within the boundary of the Downtown Area Plan
(General Plan Chapter 14) which was adopted by City
Council as part of the “Fontana Forward” 2015-2035
General Plan update in 2018. The intent of the
Downtown Area Plan is to create a vibrant, walkable,
mixed-use area with high quality housing and retail
options.

The City identified the Downtown Core as an area
where strategically concentrated efforts could provide
increased residential development opportunities and
offer more support for mixed-uses within a focused
area of the Downtown. Development within the
Downtown Core is implemented through a new
General Plan land use category and six new FormBased Code (FBC) districts. The FBC (Municipal Code Chapter 30, Article III) was adopted in 2019 as part of the Zoning and Development Code.

This Guide presents a vision of the Downtown Core
and summarizes development standards and design
and architectural regulations included in the FBC. All
new development projects within the Downtown Core
are required to comply with these regulations which
define the minimum or baseline standards for urban
design. The design guidelines further define the
desired character and image of development in the
Downtown Core.

The goal of this Guide is to encourage and incentivize
continued economic investment in the downtown
through a clear process and set of standards that
allows for development to respond to market
conditions and reflect changing consumption patterns
and preferences for retail, housing, and other lifestyle choices. This Guide provides market-driven opportunities for future investment and practical
implementation strategies for the continued success
and health of the Downtown Core, including:
• Support for housing including multi-family housing
and higher residential densities in select areas;
• Updated form-based standards and guidelines to
support the area’s continued revitalization;
• Improved administrative process to facilitate byright project approval for specific project types; • Development impact fee incentives; and
• Top-tier environmental clearance that provide
opportunities for subsequent projects to tier off of
the environmental document by focusing
additional analysis on any project-specific impacts.
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Administrative Processes
2 Administrative Processes
Projects within the Downtown Core will be
assigned to a dedicated case planner who will
shepherd the project through the entire
entitlement process. Certain projects proposed
within the Downtown Core may be eligible for
expedited review. Expedited review provides
developers with a more efficient alternative for
processing planning entitlement applications by
reducing the time it takes to approve a project.

Details are provided below.
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1 Administration
Applicability to Municipal Code
Property, including structures, land uses and
physical improvements (such as landscaping and
lighting) within the boundaries of the Form-Based
Code area shall comply with all applicable
requirements of the Form-Based Code Article as
follows:

1. Zoning District(s) Requirements.

All property subject to Form-Based Code Article
shall comply with the relevant requirements of
the applicable district.

2. Conflicting Requirements.

Where a requirement exists for the same topic,
in both the Form-Based Code Article and other
sections of the City of Fontana Municipal
Article, the requirements of the Form-Based
Code Article shall prevail unless otherwise
specified.

3. Permit Approval Requirements.

Each structure and land use shall be
constructed, reconstructed, enlarged, altered,
moved or replaced in compliance with the
following requirements:
a. Allowable use: The land use must be
allowed in the zoning district where the site
is located (see Table 30-359.B).
b. Permit and approval requirements: Any and
all permits or other approvals required by
the Form-Based Code Article shall be
obtained before the issuance of any
required grading, building, or other
construction permit, and before the
proposed structure(s) is constructed and
land use established or otherwise put into
operation.
c. Development standards, conditions of
approval: Each land use and structure shall
comply with the applicable development
standards of the Form-Based Code Article
for the zoning district in which the site is
located.
d. Nothing in this Form-Based Code Article
eliminates the need for obtaining other
permits required by the City of Fontana, or
any permit, approval, or entitlement
required by any other applicable district or
agency, and/or the regulations of any State
or Federal agency.

4. Improvements, Modifications or Expansions to
Sites or Structures.
a. Improvements to a conforming site, an
existing conforming structure(s), or a
modification/expansion of an existing
conforming structure(s) are subject to the
applicable requirements of the Form-Based
Code Article.
b. Improvements to a non-conforming site, an
existing non-conforming structure(s) or a
modification/expansion of an existing nonconforming structure(s) shall comply with the applicable requirements in Section No.
30-357. – Non-Conforming Regulations.

5. Approved Entitlements or Time Extensions.

Entitlements or time extensions approved prior
to the adoption of the Form-Based Code Article
that have yet to be constructed are not subject
to the Form-Based Code Article. However, the
entitlement(s) may not be extended beyond
the approval period and any time extensions
afforded to the entitlement(s).
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Administrative Processes
0 Design and Administrative Site Plan
Review
The purpose of this section is to define the
procedures for Design Review and Administrative
Site Plan reviews for the Form-Based Code districts
and the types of projects that are subject to those
procedures. Design and Administrative Site Plan
review is a process that enables the City of Fontana
to ensure the quality and compatibility of proposed
development. The procedures established herein
will:
• Facilitate review of development proposals in a
timely manner;
• Ensure conformance with all applicable local
design guidelines, standards, and ordinances;
• Minimize adverse effects on surrounding
properties; and
• Promote the goals of the General Plan.

1. Expedited Review.

The Planning Department has dedicated staff to
review projects within the Downtown Core.

Entitlement applications submitted for
residential and commercial development will
be expedited by Planning staff for review.

Review times are targeted to be reviewed
within two weeks of submittals. The Planning
Department can assist, and answer questions
related to the development requirements of
the Downtown Core and the review process.

Please call the Planning Department at 909-
350-6718 for more information.

2. Pre-Application Meeting.

Prior to the filing of an application for a Design
Review or Administrative Site Plan, the
applicant shall file a pre-application meeting
application to be reviewed by the Director of
Planning and other designated staff from
departments and divisions.

3. Administrative Site Plan (Minor)
An application for Minor Administrative Site
Plan review is required for any of the following
activities requiring the issuance of a building
permit for construction of buildings or
structures which meets the following criteria:
a. New construction of parking lots less than
5,000 square feet, expansion, or significant
reconstruction of parking lots.
b. Structural additions less than 1,000 square
feet that meet all the requirements of the
Municipal Code, including parking. All
modifications shall be architecturally
compatible with the existing building.
c. Accessory structures totaling less than
1,000 square feet (i.e. shade structures,
trash enclosures, generators, and additional
mechanical equipment). All structures shall
be screened from the public-right-of-way
and adjacent properties. Accessory
structures attached to the building shall
match the existing building.
d. Facade changes to an existing and
previously approved entitlement, including
paint hue changes.
e. Projects involving a change or
intensification of land use.

4. Administrative Site Plan (Major)
An application for Administrative Site Plan
review is required for any of the following
activities requiring the issuance of a building
permit for construction/reconstruction of
buildings or structures which meets the
following criteria:
a. New construction 24,999 square feet or less
for commercial or institutional projects
designed to fully execute one (1) of the
architectural styles in Section No. 30-394.

Commercial or institutional projects that do
not utilize an architectural style included in
Section No. 30-394 may be referred to the
Planning Commission by the Director of
Community Development.
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City of Fontana Downtown Development Guide
1 b. Structural additions for commercial projects
which result in total building area of 24,999
square feet or less. The façade of the
existing commercial building(s) shall be
modified concurrently with the structural
addition and shall utilize an architectural
style included in Section No. 30-394.

Commercial or institutional projects that do
not utilize an architectural style included in
Section No. 30-394 may be referred to the
Planning Commission by the Director of
Community Development.
c. New construction, expansion, or significant
reconstruction of parking lots 5,000 square
feet or more.
d. Commercial projects with existing buildings
proposing to add additional buildings of
24,999 square feet or less.

5. Design Review
An application for Design Review is required for
any of the following activities requiring the
issuance of a building permit for
construction/reconstruction of buildings or
structures which meets the following criteria:
a. Residential projects of five (5) units or
more, excluding accessory dwelling units.
b. New construction of 25,000 square feet or
more for commercial and institutional
projects.
c. Structural additions which will result in a
total building area of 25,000.

DEVELOPMENT IMPACT FEE INCENTIVES
The City of Fontana has implemented Development
Impact Fee (DIF) reductions to encourage
development. Currently, developers can utilize the
Infill Benefit fee if they qualify under the
Ordinance. City staff is seeking opportunities to
reduce DIF’s to encourage development. Please
visit the Planning Department’s Applications and
Fees page for more information on development
fees including reductions.
https://www.fontanaca.gov/849/Applications-andFees
CEQA Analysis
The City of Fontana conducted a Program
Environmental Impact Report (PEIR) with studies
which developers can utilize and reference for their
CEQA analysis for Downtown projects. The PEIR can
be found at the link below:

Downtown Core Project | Fontana, CA - Official
Website (fontanaca.gov)
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Downtown Vision
2 Downtown Vision
The overarching vision for Fontana’s Downtown
Core is to build upon the strong foundation of civic
investment and the historic Sierra Avenue, to
reinforce the Downtown Core as the center of
Fontana’s community life. Already home to a host
of civic and cultural amenities, residents, business
owners, and visitors come to Downtown to attend
shows at the Stage Red presented by Sammy
Hagar, special events at the Steelworkers’
Auditorium, and watch events at the Miller Park
Amphitheater.

The Downtown Fontana Development Guide and
Form-Based Code are intended to implement the
Downtown Area Plan vision as outlined in Chapter
14 of the General Plan. The Downtown Area Plan
broadens and diversifies the community’s offerings
of housing, retail, and lifestyle choices beyond its
current “bedroom suburb” feel.
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City of Fontana Downtown Development Guide
1 Downtown Vision
Fontana residents have repeatedly expressed a
desire for more variety of retail, dining, and
entertainment options in the Downtown. The
future of the Downtown is envisioned as a vibrant,
active, family-friendly hub for shopping, eating out,
and socializing. It is a safe place for residents,
students, employees, business owners, and visitors
to gather, not just for special events, but for
everyday commercial activities.

In order to support existing and future retail,
Downtown Fontana needs more housing and
higher density options. Residents that live in the
Downtown would not only support future retail
and restaurant uses but provide an important
safety network. Having more people and more
visibility Downtown helps to create a safer and
more welcoming atmosphere. Part of supporting
the Downtown means making sure that a variety of
housing options are available to future residents—
including townhomes, condos, and four and fivestory mid-rise apartment buildings. Providing a variety of housing options appeals to a wider range
of future residents and creates more opportunities
for growth.

Beyond the retail, restaurant, and residential
options that the future Downtown Fontana will
provide, an important component of attracting
customers and residents is how it “feels” to be
there. Do residents and visitors feel safe? Is it an
attractive, interesting, and vibrant place to be? Are
there places to socialize and relax? Is it a
welcoming and clean environment to be in? Would
you want to bring your family and out-of-town
guests to Downtown? Is it somewhere you’d feel
comfortable walking around?
Creating a welcoming atmosphere is a collaborative
process that balances civic investment and the
private sector. The City of Fontana envisions a
Downtown with a safe and inviting pedestrian
experience. Some of the investments that the City
of Fontana will be undertaking in the Downtown
include:
• Well-maintained sidewalks
• High-quality pedestrian amenities such as
benches, and trash cans
• Native, water-wise landscaping along sidewalks
and medians
• Shade trees
• Designated space for outdoor dining
• Adequate streetlights
• Bicycle racks
Investment in the public realm shows the City’s
continued commitment to providing high-quality
public services and investment in Downtown.

Downtown Fontana is envisioned as the place to
live an exciting urban lifestyle, the place to take the family for dinner, the place to bring visitors to
show them your town, the place for community
events, the place for arts and culture, the place for
young people to meet each other, and the place
you go when you just want to find something
interesting to do. Fontana seeks to accomplish this
through five focus areas:
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Downtown Vision
2 A Livable Public Realm
California’s best downtowns provide a beautiful,
comfortable, pedestrian-oriented public realm that
serves as an outdoor room where it’s comfortable to
be a pedestrian and cyclist. Tree-lined streets
seamlessly connect the Downtown Core,
neighborhoods, and major corridors of the area.

Downtown as a Destination
The Downtown Core is a lively mixed-use district and
cultural hub intended to be shared by everyone. This
area is a local and regional destination for retail,
employment, culture, and housing, that builds upon
Fontana’s historic character.

Vibrant Corridors
Reinvigorating Fontana’s corridors with a mix of
commercial amenities, job-generating businesses
and a range of housing types serves to reinforce the
Downtown Core. More amenities within walking or
cycling distance of existing neighborhoods
encourage new housing and employment near
planned transit stops.

Diverse Housing Opportunities
Allowing higher-intensity residential and mixed-use
development attracts a mix of housing options for a
range of household sizes, ages, incomes, and
lifestyles. A higher concentration of residential uses
create more walkable, transit-servable
neighborhoods.

A Simplified Entitlement Process
By streamlining the entitlement process, Fontana
maintains flexibility to take advantage of future
development opportunities while providing support
to the private sector.
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City of Fontana Downtown Development Guide
3 Placemaking Framework
Fontana’s Downtown can generally be divided into
three distinct areas; the Downtown Core,
Gateways, and Neighborhoods. These areas are
illustrated in Figure 1- Placemaking Framework.

Downtown Core
Fontana’s Downtown is structured around its
historic commercial core on Sierra Ave between
Arrow Blvd and Orange Way. These two blocks
served as Fontana’s “Main Street” through the
1960s. To the north of the retail core is the Civic
Area that has recently seen reinvestment and
growth. The south is anchored by a Metrolink stop
and transit station, connecting Downtown to
higher order transit.

Gateways
Extending north and south along Sierra Ave are the
Foothill/Route 66 Gateway and South Sierra
Gateway respectively. These gateways serve as the
entries to the Downtown Core for many local and
regional visitors. Currently comprised of many
vacant and low value commercial properties, this
provides a great opportunity to bring new
commercial amenities and housing options to the
Downtown.

Neighborhoods
Neighborhoods within the Downtown Core offer
the opportunity to live close the growing number
of amenities in the area. The neighborhoods
immediately adjacent to the Retail Core are
characterized by single-family homes,
interconnected blocks, and well-coordinated
streetscapes, while neighborhoods surrounding the
gateways are more fragmented, with larger
development parcels of former farmland. These
blocks offer infill development opportunities to
provide a mix of new housing types within a
comfortable walk or bike ride of the Downtown
Core.
2030 402
Downtown Vision
4 Figure 1 - Placemaking Framework
2031 403
City of Fontana Downtown Development Guide
5 2032 404
Development Districts & Standards
6 Development Districts & Standards
The following pages set forth the Downtown Core
Development Districts and the standards and
regulations required within. The intent of these is
to implement the vision established in the
Downtown Area Plan as elaborated on within this
guidebook.
2033 405
City of Fontana Downtown Development Guide
1 Districts
Fontana’s Downtown Core is composed of six new
Form-Based Code Districts as shown in Figure 2 -
Downtown Core Districts Map. These districts have
been crafted to encourage the development of
new housing to enliven the downtown and support
existing and new businesses.

Civic Core
The Civic Core is the institutional and governmental
heart of Fontana, providing high quality civic spaces
that provide places for the community to gather and
celebrate.

Sierra Core
The Sierra Core is Fontana’s traditional downtown, a
place with its own unique identity and character.

New development builds on the qualities of its
existing commercial and civic buildings to help
respect the downtown’s heritage and character.

Gateway Core
The Gateway Core brings more amenities within
walking and cycling distance of existing
neighborhoods and provides new housing and
employment near planned transit stops while
serving as the entry to the Downtown Core.

Mixed-Use Core
The Mixed-Use Core provides for a transition
between higher density districts with retail and
commercial uses and the districts focused on
residential neighborhoods.

Multi-Family Core
The Multi-Family Core provides for higher-intensity
residential housing close to the Downtown Core that
provides a broad range of housing types for a wider
range of household sizes, ages, income levels and
lifestyles.

Neighborhood Core
The Neighborhood Core provides for the
preservation and enhancement of the existing,
historic downtown neighborhoods.
2034 406
Development Districts & Standards
0 Figure 2 - Downtown Core Districts Map
2035 407
City of Fontana Downtown Development Guide
1 Civic Core
The Civic Core consists primarily of civic and
institutional uses as well as active and passive
recreation areas.

Capacity
Min. Max.

Lot Size (sq. ft.) 5,000 -
FAR - 2.0
Setbacks
Min. (ft.) Max. (ft.)
Front Street 0 25
Side Street 0 25
Side (Interior) 10 -
Rear Yard 10 -
Stepback* 10 -
* Applies to Rear and Side (Interior) at 35’ high, when adjacent to the Neighborhood Core.

Building Form
Height 70 ft. Max.

A B
C D
E
F
H
G
2036 408
Development Districts & Standards
2 Encroachments
Buildings, architectural features, and signs may
encroach into the required setbacks and right-ofway subject to the following requirements and City Engineer approval:

Arcade,
Gallery,
Awning Balcony
Bay
Window Eave
Front
Street
Min. 2
ft. clear
of curb
6 ft.

Max.
4 ft.

Max. on
upper
floors
only
Min.
2 ft.
clear
of
curb
Side
Street
Min. 2
ft. clear
of curb
6 ft.

Max.
4 ft.

Max. on
upper
floors
only
Min.
2 ft.
clear
of
curb
Side
(Interior) -
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min.
3 ft.
from
PL
Rear Yard
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min.
3 ft.
from
PL
Vertical
Min. 8
ft.
clear
Min. 8
ft.
clear
Min. 8
ft.
clear
Min.
8 ft.
clear
Parking
Non-Residential Uses
65% of the
Requirements in the
Zoning Code (30-
685.A)
On-site above-ground parking and access shall be
located in compliance with the following setback
requirements:

Min. (ft.)
Front Street 20 on Sierra Ave
5 on Arrow Blvd
Side Street 5
Side (Interior) -
Rear Yard -
J
K
L
M
2037 409
City of Fontana Downtown Development Guide
3 Sierra Core
The Sierra Core is the commercial core of Fontana
and functions as the city center. Uses include a
mixture of commercial, retail, entertainment,
office, and residential.

Building placement shall be close to the streets and
integrated within the pedestrian realm.

Architectural features should provide shade and
variation in building design.

Capacity
Min. Max.

Lot Size (sq. ft.) 5,000 -
Residential or
Mixed-Use Density
24 DU/Ac 70 DU/Ac
Commercial FAR
(Retail, Resturant, &
Entertainment)
Refer to
Figure 2 for
frontages that
require
ground floor
commercial

2.0 Setbacks
Min. (ft.) Max. (ft.)
Front Street 0 10
Side Street 0 10
Side (Interior) 0 -
Rear Yard 5 -
Stepback* 10 -
* Applies to Rear and Side (Interior) at 35’ high, when adjacent to the Neighborhood Core.

Building Form
Frontage Coverage 80% Min.

Height**
35 ft. Max.
55 ft. Max. within 75 ft. of
Side Street Property Line
70 ft. Max. with Min.

Stepback 75 ft. from Cross
Street and 15 ft. from
Sierra Ave Property Line
Ground Floor
Commercial Height
12 ft. Min
** Refer to Figure 3 - Sierra Avenue Building Form
Standards
Public and private spaces should be integrated to
act as one. Awnings or canopies extending over
sidewalks and significant glazing should be included
in all new construction or renovation.

A B
C D
E
F
H
G
I
Figure 3 - Sierra Avenue Building Form Standards
2038 410
Development Districts & Standards
4 Encroachments
Buildings, architectural features, and signs may
encroach into the required setbacks and right-ofway subject to the following requirements and City Engineer approval:

Arcade,
Gallery,
Awning Balcony
Bay
Window Eave
Front
Street
Min. 2
ft. clear
of curb
6 ft.

Max.
4 ft.

Max. on
upper
floors
only
Min.
2 ft.
clear
of
curb
Side
Street
Min. 2
ft. clear
of curb
6 ft.

Max.
4 ft.

Max. on
upper
floors
only
Min.
2 ft.
clear
of
curb
Side
(Interior) -
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min.
3 ft.
from
PL
Rear Yard
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min.
3 ft.
from
PL
Vertical
Min. 8
ft.
clear
Min. 8
ft.
clear
Min. 8
ft.
clear
Min.
8 ft.
clear
Parking
Required Spaces
Residential 1.25 per unit
Non-Residential Uses
Under 6,000 Square
Feet
No Parking Required
Non-Residential Uses
over 10,000 sq. ft.
50% of the
Requirements in the
Zoning Code (30-
685.A)
On-site above-ground parking and access shall be
located in compliance with the following setback
requirements:

Min. (ft.)
Front Street 20
Side Street 5
Side (Interior) -
Rear Yard -
J
K
L
M
2039 411
City of Fontana Downtown Development Guide
5 Gateway Core
The Gateway Core is primarily intended for
commercial retail and personal service uses as well
as residential development. New development
should incorporate pedestrian elements to help
serve as a transition to surrounding land uses.

Capacity
Min. Max.

Lot Size (sq. ft.) 5,000 -
Residential or
Mixed-Use Density
24 DU/Ac
39 DU/Ac
50 DU/Ac* with
the inclusion of
ground floor
commercial along
the front street
Commercial FAR
(Retail, Resturant,
& Entertainment)
- 2.0
* If a development application includes the State Density Bonus under Section 65915 et seq. AND ground floor
commercial, an additional 50% of the State Density Bonus that is achieved may be added in excess of the units
allowed by the State Density Bonus.

Setbacks
Min. (ft.) Max. (ft.)
Front Street 0 15
Side Street 0 15
Side (Interior) 0 -
Rear Yard 0
5 if adjacent
to a street
-
15 if adjacent
to a street
Stepback** 10 -
** Applies to Rear and Side (Interior) at 35’ high, when adjacent to the Neighborhood Core.

Building Form
Frontage Coverage 50% Min.

Height***
35 ft. Max.
55 ft. Max. within 75 ft. of
Side Street Property Line
70 ft. Max. with Min.

Stepback 75 ft. from Cross
Street and 15 ft. from
Sierra Ave Property Line
Ground Floor
Commercial Height
12 ft. Min
*** Refer to Figure 3 - Sierra Avenue Building Form
Standards
A B
C D
E
F
G
I
For Example
A project on a 2 acre parcel may construct 78
residential units. If the project includes ground
floor commercial, 100 residential units may be
constructed.

Density Bonus:

If the same project also applies for the State
Density Bonus and receives 20 additional
residential units, Fontana will allow an additional
10 units (50% of the State Density Bonus achieved)
for a total of 130 units.

H
2040 412
Development Districts & Standards
6 Encroachments
Buildings, architectural features, and signs may
encroach into the required setbacks and right-ofway subject to the following requirements and City Engineer approval:

Arcade,
Gallery,
Awning Balcony
Bay
Window Eave
Front
Street
Min. 2
ft. clear
of curb
6 ft.

Max.
4 ft.

Max. on
upper
floors
only
Min.
2 ft.
clear
of
curb
Side
Street
Min. 2
ft. clear
of curb
6 ft.

Max.
4 ft.

Max. on
upper
floors
only
Min.
2 ft.
clear
of
curb
Side
(Interior) -
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min.
3 ft.
from
PL
Rear Yard
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min.
3 ft.
from
PL
Vertical
Min. 8
ft.
clear
Min. 8
ft.
clear
Min. 8
ft.
clear
Min.
8 ft.
clear
Parking
Required Spaces
Residential 1.25 per unit
Non-Residential Uses No Parking Required
Non-Residential Uses
over 10,000 sq. ft.
50% of the
Requirements in the
Zoning Code (30-
685.A)
On-site above-ground parking and access shall be
located in compliance with the following setback
requirements:

Min. (ft.)
Front Street 20
Side Street 5
Side (Interior) -
Rear Yard -
J
K
L
M
2041 413
City of Fontana Downtown Development Guide
7 Mixed-Use Core
The Mixed-Use Core provides a transition between
more intense commercial uses and residential uses.

This district includes a mixture of commercial,
office, retail, personal services, and residential.

Capacity
Min. Max.

Lot Size (sq. ft.) 5,000 -
Residential or
Mixed-Use Density
12 DU/Ac
39 DU/Ac
50 DU/Ac*
with the
inclusion of
ground floor
commercial
along the
front street
Commercial FAR
(Retail, Resturant,
& Entertainment)
Refer to
Figure 2 for
frontages
that require
ground floor
commercial

2.0 * If a development application includes the State Density Bonus under Section 65915 et seq. AND ground floor
commercial, an additional 50% of the State Density Bonus that is achieved may be added in excess of the units
allowed by the State Density Bonus.

Setbacks
Min. (ft.) Max. (ft.)
Front Street 0 30
Side Street 0 15
Side (Interior) 0 -
Rear Yard 5 -
Stepback** 10 -
** Applies to Rear and Side (Interior) at 35’ high, when adjacent to the Neighborhood Core.

Building Form
Frontage Coverage 50% Min.

Height*** 55 ft. Max.

Ground Floor
Commercial Height
12 ft. Min
A B
C D
E
F
H
G
I
For Example
A project on a 2 acre parcel may construct 78
residential units. If the project includes ground
floor commercial, 100 residential units may be
constructed.

Density Bonus:

If the same project also applies for the State
Density Bonus and receives 20 additional
residential units, Fontana will allow an additional
10 units (50% of the State Density Bonus achieved)
for a total of 130 units.
2042 414
Development Districts & Standards
8 Encroachments
Buildings, architectural features, and signs may
encroach into the required setbacks and right-ofway subject to the following requirements and City Engineer approval:

Arcade,
Gallery,
Awning Balcony
Bay
Window Eave
Front
Street
Min. 2
ft. clear
of curb
6 ft.

Max.
4 ft.

Max. on
upper
floors
only
Min.
2 ft.
clear
of
curb
Side
Street
Min. 2
ft. clear
of curb
6 ft.

Max.
4 ft.

Max. on
upper
floors
only
Min.
2 ft.
clear
of
curb
Side
(Interior) -
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min.
3 ft.
from
PL
Rear Yard
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min.
3 ft.
from
PL
Vertical
Min. 8
ft.
clear
Min. 8
ft.
clear
Min. 8
ft.
clear
Min.
8 ft.
clear
Parking
Required Spaces
Residential 1.25 per unit
Non-Residential
35% of the
Requirements in the
Zoning Code (30-
685.A)
On-site above-ground parking and access shall be
located in compliance with the following setback
requirements:

Min. (ft.)
Front Street 20
Side Street 5
Side (Interior) -
Rear Yard -
J
K
L
M
2043 415
City of Fontana Downtown Development Guide
9 Multi-Family Core
The Multi-Family Core provides higher residential
intensities adjacent to commercial areas. New
development should incorporate increased density
with architectural design and materials that
exemplify one of the designated architectural
styles.

Capacity
Min. Max.

Lot Size (sq. ft.) 5,000 -
Residential
Density
12 DU/Ac
39 DU/Ac
50 DU/Ac with 1
ac or greater lots
Setbacks
Min. (ft.) Max. (ft.)
Front Street 5 30
Side Street 5 30
Side (Interior) 0 -
Rear Yard 10 -
Stepback* 10 -
* Applies to Rear and Side (Interior) at 35’ high, when adjacent to the Neighborhood Core.

Building Form
Frontage Coverage 50% Min.

Height 55 ft. Max.

A B
C D
E
F
H
G
2044 416
Development Districts & Standards
10 Encroachments
Buildings, architectural features, and signs may
encroach into the required setbacks and right-ofway subject to the following requirements and City Engineer approval:

Arcade,
Gallery,
Awning Balcony
Bay
Window Eave
Front
Street
Min. 2
ft. clear
of curb
6 ft.

Max.
4 ft.

Max. on
upper
floors
only
Min.
2 ft.
clear
of
curb
Side
Street
Min. 2
ft. clear
of curb
6 ft.

Max.
4 ft.

Max. on
upper
floors
only
Min.
2 ft.
clear
of
curb
Side
(Interior) -
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min.
3 ft.
from
PL
Rear Yard
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min.
3 ft.
from
PL
Vertical
Min. 8
ft.
clear
Min. 8
ft.
clear
Min. 8
ft.
clear
Min.
8 ft.
clear
Parking
Required Spaces
Residential 1.25 per unit
On-site above-ground parking and access shall be
located in compliance with the following setback
requirements:

Min. (ft.)
Front Street 15
Side Street 10
Side (Interior) 5
Rear Yard -
J
K
L
M
2045 417
City of Fontana Downtown Development Guide
11 Neighborhood Core
The Neighborhood Core is an area primarily
developed with single-family homes. New
development should respect and exemplify the
character of existing neighborhoods.

Capacity
Min. Max.

Lot Size (sq. ft.) 5,000 -
Residential
Density
3 DU/Ac 16* DU/Ac
* Individual property owners may construct a second
primary dwelling unit, plus any ADU or JADU that must be allowed under state law and the City’s ADU ordinance.

Second primary dwelling units shall be subject to all zoning requirements except the Maximum Front Street Setback.

This shall apply for single-family lots.

Setbacks
Min. (ft.) Max. (ft.)
Front Street 10 18
Side Street 10 18
Side (Interior) 5 -
Rear Yard 10 -
Building Form
Height 40 ft. Max.

A B
C D
E
F
H
2046 418
Development Districts & Standards
12 Encroachments
Buildings, architectural features, and signs may
encroach into the required setbacks and right-ofway subject to the following requirements and City Engineer approval:

Arcade,
Gallery,
Awning Balcony
Bay
Window Eave
Front
Street
Min. 2
ft. clear
of curb
6 ft.

Max.
4 ft.

Max. on
upper
floors
only
Min.
2 ft.
clear
of
curb
Side
Street
Min. 2
ft. clear
of curb
6 ft.

Max.
4 ft.

Max. on
upper
floors
only
Min.
2 ft.
clear
of
curb
Side
(Interior) -
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min.
3 ft.
from
PL
Rear Yard
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min. 5
ft. from
PL
Min.
3 ft.
from
PL
Vertical
Min. 8
ft.
clear
Min. 8
ft.
clear
Min. 8
ft.
clear
Min.
8 ft.
clear
Parking
Required Spaces
Single-Family
Studio or 1 Bedroom 1 per unit
2-4 Bedrooms 2 per unit
5+ Bedrooms 3 per unit
Multi-Family 1.25 per unit
On-site above-ground parking and access shall be
located in compliance with the following setback
requirements:

Min. (ft.)
Front Street 20
Side Street 5
Side (Interior) -
Rear Yard -
J
K
L
M
2047 419
City of Fontana Downtown Development Guide
13 Frontages
The interface between the public and private
realms is defined by the building frontage.

Building Frontages

1. Frontages shall be provided at all locations
where a building meets the street right-of-way
and common open space.

Enhanced Facades

1. Building facades that are visible from the public
right-of-way but do not require a building
frontage shall be screened with planting, or
enhanced in a manner that reflects the
architectural style or is in accordance with
Article XII - Sign Regulations.
2048 420
Development Districts & Standards
14 Table 1 - Allowable Frontages by District
Civic Core Sierra Core
Gateway
Core
Mixed-Use
Core
Multi-Family
Core
Neighborhood
Core
Porch X X x
Dooryard X X X X
Stoop X X X X X
Forecourt X X X X X X
Lightcourt X X X X
Shopfront X X X X
Gallery X X X X
Arcade X X X x
Figure 4 - Facade Requirements
2049 421
City of Fontana Downtown Development Guide
15 Porch
In the Porch Frontage Type, the main facade of the
building is set back from the frontage line. The
resulting front yard can be defined by a wall or
fence to spatially maintain the edge of the street. A
projecting porch uses part of the front yard space
for a porch that is open on three sides. The
engaged porch has two adjacent sides of the porch
that are attached to the building while the other
two sides are open.

Size
Width 8 ft. Min.

Depth 6 ft. Min.

Height 8 ft. Min.

Finish level above
sidewalk
18 in. Min.

Path of travel 3 ft. wide Min.

Design Standard
Porches must be open on at least two sides and
have a roof.

A
B
C
D
2050 422
Development Districts & Standards
16 Dooryard
In the Dooryard Frontage Type, the main facade of
the building is set back and the frontage line is
defined by a low wall, fence, or hedge, creating a
small dooryard. The dooryard shall not provide
public circulation along a right-of-way (ROW). The
dooryard may be raised, sunken, or at grade and is
intended for ground-floor residential uses.

Size
Width 50 ft. Min.

Depth 8 ft. Min.

Finish level above sidewalk 3 ft. 6 in. Max.

Finish level below sidewalk 6 ft.

Path of travel 4 ft. wide Min.

Design Standard
For live/work, retail and service uses, these
standards are to be used in conjunction with those
for the Shopfront Frontage Type. In case of conflict
between them, the Dooryard Frontage Type
standards shall prevail. The Dooryard Frontage
Type shall not be used for circulation for more than
one ground floor entry.

A
B
C
2051 423
City of Fontana Downtown Development Guide
17 Stoop
In the Stoop Frontage Type, the main facade of the
building is set back and an elevated stoop engages
the sidewalk. The stoop shall be elevated above the
sidewalk to ensure privacy within the building.

Stairs or ramps from the stoop may lead directly to
the sidewalk or may be side-loaded.

Size
Width 5 ft. Min./ 8 ft. Max.

Depth 5 ft. Min./ 8 ft. Max.

Finish level above
sidewalk
18 in. Min.

Design Standard
Stairs may be perpendicular or parallel to the
building facade. Ramps shall be parallel to facade
or along the side of the building. Entry doors are
encouraged to be covered or recessed to provide
shelter from the elements.

A
B
C
2052 424
Development Districts & Standards
18 Forecourt
In the Forecourt Frontage Type, the main facade of
the building is at or near the frontage line and a
small percentage is set back, creating a small court
space. The space could be used as an entry court or
shared garden space for apartment buildings, or as
an additional shopping or restaurant seating area
within retail and service areas.

Size
Width 12 ft. Min.

Depth 12 ft. Min.

Ratio, height to width 2:1 Max.

Design Standard
The proportions and orientation of these spaces
should be carefully considered for solar orientation
and user comfort.

A
B
2053 425
City of Fontana Downtown Development Guide
19 Lightcourt
In the Lightcourt Frontage Type, the main facade of
the building is set back from the frontage line by an
elevated terrace or a sunken Lightcourt. This Type
buffers residential, retail or service uses from
urban sidewalks and removes the private yard from
public encroachment.

Size
Width 5 ft. Min.

Finish level above sidewalk 6 ft. Min.

Finish level below sidewalk 6 ft. Max.

Design Standard
A short fence may be placed along the setback
where it is not defined by a building.

A
B
C
2054 426
Development Districts & Standards
20 Shopfront
In the Shopfront Frontage Type, the main facade of
the building has an at-grade entrance along the
public way. This Type is intended for retail and
other commercial uses. It has substantial glazing at
the sidewalk level and may include an awning that
may encroach into the ROW. It may be used in
conjunction with other frontage types.

Size
Ground Floor
Transparency
80% Min.

Awning
Depth 4 ft. Min.

Setback from curb 2 ft. Min.

Height, clear 8 ft. Max.

Design Standard
Shopfront glass shall be clear without reflective
glass frosting or dark tinting. Shopfront windows
may be clerestory windows (horizontal panels)
between the shopfront and second floor/top of
single-story parapet. Glass clerestory may be of a
character to allow light, while moderating it such as
stained glass, glass block, painted glass, or frosted
glass. Shopfronts with accordion-style
doors/windows or other operable windows that
allow the space to open to the street are
encouraged. Operable awnings are encouraged.

A
B
C
2055 427
City of Fontana Downtown Development Guide
21 Gallery
A Gallery is a roof or deck projecting from the
facade of a building, supported by columns located
just behind the street curb. Galleries shelter the
sidewalk with a roof or unenclosed, accessible, outdoor space making them ideal for retail use.

Galleries may be one- or two-stories in height,
functioning as covered or uncovered porches at the
second floor. Railings on top of the gallery are only
required if the gallery roof is accessible as a deck.

Size
Depth 8 ft. Min.

Ground Floor Height 12 ft. Min.

Upper Floor Height 10 ft. Min.

Height 2 stories Max.

Setback from curb 1 ft. Min./ 2 ft. Max.

Design Standard
Galleries shall be combined with the Shopfront
Frontage Type. Galleries must have consistent
depth along a frontage. Ceiling lights are
encouraged. Galleries may be entirely on private
property or may encroach over the sidewalk in the
public right-of-way, subject to an encroachment
permit prior to issuance of a building permit.

Column spacing and colonnade detailing, including
lighting, shall be consistent with the style of the
building to which it is attached. Columns shall be
placed in relation to curbs to allow passage around
and to allow for passengers of cars to disembark.

A
B
C
D
2056 428
Development Districts & Standards
22 Arcade
Arcade frontages are composed of a building with
ground floor facades which align with the property
line, and upper floors which project over the
property line to cover the sidewalk. A colonnade
structurally and visually supports the building mass
which encroaches into the public right-of-way.

Arcades contain ground-floor storefronts, making
them ideal for retail use as the arcade shelters the
pedestrian and shades the storefront glass,
preventing glare that might obscure views of
merchandise. As allowed, the arcade also provides
habitable space over the sidewalk creating a very
urban street character.

Size
Depth 8 ft. Min.

Ground Floor Height 12 ft. Min.

Upper Floor Height 10 ft. Min.

Setback from curb 1 ft. Min./ 2 ft. Max.

Design Standard
Arcades shall be combined with the Shopfront
Frontage Type. Arcades may be entirely on private
property or may encroach over the sidewalk in the
public right-of-way, subject to an encroachment
permit prior to issuance of a building permit.

Column spacing and colonnade detailing, including
lighting, shall be consistent with the style of the
building to which it is attached. Columns shall be
placed in relation to curbs so as to allow passage
around and to allow for passengers of cars to
disembark. When utilizing an arcade, front building
setbacks may not apply. Front setbacks are still
measured from the ROW.

A
B
C
D
2057 429
City of Fontana Downtown Development Guide
23 General Regulations
Fences, Hedges and Walls

1. Single-Family and Multi-Family Site Walls and
Fencing
a. Low walls, fences, or hedges may be used to
divide space, create a variety in landscaping
and to define site edges.
b. Locate fences or walls on the property line
(excluding the front property line) to define
private open space and common open
space areas, protect privacy, and buffer
residents from noise sources.

1. Use masonry materials for sound
reduction purposes.

2. Masonry walls shall include a top or cap.

3. Wood and chain link fencing is
prohibited. However, wood picket
fencing shall be allowed in the front
yard setback area of the neighborhood
core district.
c. Design fences and walls to be an attractive
part of the project, with materials and
designs that are compatible with the
exterior building materials and demonstrate
design integrity with the project as a whole.
d. Front yard fencing and walls shall comply
with the following requirements as
applicable:

1. Single Family: Open fencing and solid
walls shall be setback from the sidewalk
by at least 2 feet to allow for
landscaping; not grass that must be
mowed or trimmed;

2. Multi-Family: Open fencing and solid
walls shall meet the standards in Table 2
- Maximum Height of Fences or Walls.
e. The overall height of fencing, when present,
shall not exceed the standards in Table 2
below:

Table 2 - Maximum Height of Fences or Walls
Location of Fence or Wall Max. Height
Within front or side street setback
Solid Wall
Open Fencing
3 ft.
4 ft.

Not within front or side street
setback
6 ft.

Interior side and rear property line 6 ft.

2. Mixed-Use or Commercial Site Walls and
Fencing
a. Wall Design. Walls shall provide screening
as set forth in Section 30-494(g) and Section
30-500 of the Zoning & Development Code.
b. Permitted materials. Fencing visible from
public view should be open work such as
wrought iron and metal (tube) fences with
design features. Masonry, stucco and
plaster are permitted when deemed more
appropriate to the design of the building on
the project site.
c. Fence maintenance. Every fence shall be
kept in good repair, consistent with the
design thereof. The property owner shall be
responsible for landscaping and maintaining
the area, if any, between the property line
and the owner's fence.
d. Hazardous and prohibited materials. Fences
shall not incorporate barbed wire and razor
wire, spiked tips, chain link of any kind,
woven wire mesh ("chicken wire"), welded
wire mesh, woven wire ("hog wire") rope,
cable, railroad ties or any other similar
materials or materials not specifically
manufactured for permanent fencing.
2058 430
Development Districts & Standards
24 Off-Street Parking and Loading Standards

1. Off-Street Parking Standards
a. Off-street Parking requirements shall be set
forth in Division 5 which outlines the
development standards by zoning district.
b. Off-street parking dimensions shall be as set
forth in Table 3 – Off-Street Parking
Dimensions. Any type of stall not listed shall
refer to Section 30-606 of the Zoning &
Development Code.

Table 3 - Off-Street Parking Dimensions
Type of Stall Min. Size (ft.)
Standard 9 x 18
Garage/Carport 10 x 20
Parallel 8 x 21
Compact 8 x 16
Tandem 9 x 35
30° 9 x 17
45° 9 x 18
60° 9 x 21

2. General Performance Standards for Off-Street
Parking Facilities:
a. Parking shall be implemented to provide
safe and convenient access to and from
public thoroughfares which include
movement lanes and Public Frontages.
b. Vehicular access through residential
properties for nonresidential uses shall be
prohibited. This provision shall not apply to
mixed-use developments.
c. Off-street parking spaces shall be located
with sufficient room for safe and
convenient parking without infringing on
any public thoroughfare or sidewalk.
d. Off-street parking or loading area shall not
be used for the sale, repair, or dismantling
of any vehicle or equipment, or for storage
of materials or supplies.
e. Parking or storage of commercial trucks,
buses, vans, sign trailers; trailers or semitrailers; or the like shall not be permitted in any form-based code zoning district.
f. Parking facilities on adjoining lots may share
access points, driveways and parking
subject to a recorded covenant running
with the property on which the facilities are
located, by process of waiver.
g. Parking shall be located behind habitable or
occupied space, underground, or on the
interior or rear of the building. All off-street
parking areas shall be separated at least five
(5) feet from buildings in order to make
room for sidewalks, landscaping and other
plantings between the building and the
parking area.

1. This separation may be eliminated to
the rear of buildings in areas designed
for unloading and loading of materials
and in underground parking areas.

3. Parking for Senior Housing
a. Senior Housing, in relation to this
regulation, is not to be construed as homes
or institutions for the aged which are
primarily convalescent or nursing homes.

1. At least one-half of the parking required
shall be within carports or garages.

2. No compact parking spaces shall be
permitted for senior housing.

Table 4 - Parking For Senior Housing
Required Number of Parking Spaces
Studio or 1 Bedroom 0.75 spaces per unit
2+ Bedrooms 1.25 spaces per unit

4. Off-Premise Parking
a. With the approval of the Director of
Planning, required parking may be provided
in off-premise parking facilities (structured
or private lot) within 660 feet (1/8 mile) of
the site proposed for development, as
measured along thoroughfare rights-ofway;
2059 431
City of Fontana Downtown Development Guide
25 b. Pedestrian access between the use or the
site and the off-premise parking area shall
be via concrete or paved sidewalk or
walkway; and
c. The owner shall provide an irrevocable
parking agreement reflecting the
arrangement with the off-premise location.

5. Compact Parking
a. The proposed land use must require a
minimum of 20 spaces for compact spaces
to be allowed and shall not exceed 15% of
the total number of required spaces. Each
compact space shall be identified with
pavement stenciling and/or signage.

Compact spaces shall be located furthest
from the building entrances to discourage
use by non-compact vehicles.

6. Tandem Parking
a. Residential Development: Tandem parking
is allowed in a residential development, but
may not be used to provide guest parking
for a residential development and both
parking spaces shall be covered and
assigned to the same residential unit.
b. Nonresidential Development: Tandem
parking is only allowed in a nonresidential
development where attendant parking is
provided on the zone lot and where parking
on the zone lot is subject to a tandem
parking management program, as approved
by the Director of Planning.

1. For purposes of this provision, a
“tandem parking management
program” means a formal program
undertaken by a property owner or
property manager to mitigate the
potential adverse effects of tandem
parking on vehicle owners and other
Off-Street Parking Area users.

2. Elements of a tandem parking
management program include, but are
not limited to:
i. A secured vehicle key storage
system located near the tandem
parking area;
ii. A vehicle key management system
administered by on-site personnel;
iii. Reserved tandem program where
specific individuals share specific
tandem spaces; or
iv. A fleet/motor pool vehicle
management program.
v. On duty parking attendant during
business hours or as long as the
principal building is occupied.
c. Tandem Parking Design Standards

1. A maximum of 2 parking spaces may be
provided in tandem.

2. Two parking spaces in tandem shall
have a combined minimum dimension
of 9 feet in width and 35 feet in length.

3. It must be possible to get any vehicle in
or out of a tandem space by moving
only 1 vehicle.

7. Shared Parking
a. Where two or more uses on the same site
or adjacent parcels have distinct and
differing peak parking usage periods (e.g., a
theater and a bank), a reduction in the
required number of parking spaces as
determined by the Director of Planning may
be allowed in the following manner:

1. The reduction in number of required
parking spaces shall be based on a
parking demand study.

2. The parking demand study shall be in
accordance with established
professional practices.

3. Approval shall also require a recorded
covenant running with the land,
recorded by the owner of the parking
lot, guaranteeing that the required
parking will be maintained for the uses
served and remain for the duration of
the use.

4. Shared parking, whether it is publicly
shared or shared between two or more
specific businesses, shall be clearly
designated with signs and markings.
2060 432
Development Districts & Standards
26 Off-Street Parking Reductions

1. Reductions can be combined to a maximum of
20% of the total vehicular parking required.
a. Bicycle Parking - Required vehicular parking
spaces may be reduced at a rate of one
vehicular parking space for every five (5)
long-term bicycle parking spaces provided
above the minimum required, up to a
maximum reduction of 5% of the total
vehicular parking required.
b. Bus Stop - A parking reduction of up to 10%
may be approved by the Director of
Planning for any use within ¼ mile of a
designated bus stop (as measured along a
public walkway).
c. Metrolink - A parking reduction of up to
15% may be approved by the Director of
Planning for all uses within walking distance
of the commuter rail station. Refer to Figure
5 for the precise boundary. Projects within
the specified boundary are not eligible for
the 10% bus stop parking reduction.
d. Significant Centers of Employment – A
parking reduction of up to 10% may be
approved by the Director of Planning for
uses listed under “Food/Restaurant/Eating
Establishments” and “General
Merchandise/Retail Trade”, when the use is
located within ¼ mile (as measured along a
public walkway) of a significant center of
employment. When the use is located
within ½ mile, a parking reduction of up to
5% may be approved.

Figure 5 - Area of Downtown Eligible for 15% Metrolink Parking Reduction 2061 433
City of Fontana Downtown Development Guide
27 Loading

1. Loading Requirements. The following
regulations apply to the use of loading zones:
a. Permission herein granted to stop or stand
a vehicle for purpose of loading or
unloading of materials shall apply only to
commercial vehicles and shall not extend
beyond the time necessary therefore, and
in no event for more than twenty (20)
minutes.
b. The loading or unloading of materials shall
apply only to commercial deliveries, also
the delivery or pickup of express and parcel
post packages and United States mail.
c. Loading docks, overhead doors, and other
service entries may not be located on
street-facing facades.
d. Loading areas shall include painted lines,
curbs, or other methods of identifying
individual loading areas and distinguishing
such spaces from drive aisles and other
circulation features.
e. On-site loading space(s) is not required
where the site is adjacent to an alley or side
street that provides temporary parking for
loading/unloading activities. Temporary is
defined as lasting less than 20 minutes.
f. Traffic-lanes shall not be used as
loading/unloading zones.
g. Vehicles that exceed an overall length of 25
feet (bumper to bumper) shall be
prohibited from loading and unloading
between the hours of 7 a.m. and 10 a.m.,
and between 12 p.m. and 6 p.m. This time
restriction shall not apply to vehicles that fit
within a designated loading and unloading
zone or bay.

Bicycle Parking

1. General Bicycle Parking Design Guidelines and
Requirements
a. Bicycle parking may be located in front, to
the side, back, or inside of buildings.
b. Each space must be accessible without
moving another bicycle.
c. Allow for 2 feet by 6 feet for each bicycle
parking space.
d. Provide an aisle at least 5 feet wide behind
all parking for maneuvering.
e. Bike racks shall enable the bike frame and
one or both wheels to be secured.
f. When a project requires 25 or more bicycle
parking spaces, a bicycle repair station shall
be provided.
g. In calculating bicycle parking requirements
for any use, any resulting fraction shall be
rounded up to the next whole number.
h. The location of the bicycle rack or locker
shall not encroach into the sidewalk which
would reduce the unencumbered width of
the sidewalk to less than four feet and shall
provide adequate clearance surrounding
the rack or locker such that bicycles shall
not encroach into any walkway, parking
space, landscape area or similar.

Table 5 - Bicycle Spaces Required
Land Use
Required
Spaces
% Short term/
Long term
Residential in
Downtown
1 space /
3 units
20% short-term
80% long term
Residential
outside
Downtown
1 space /
4 units
20% short-term
80% long term
Non-residential
in Downtown*
1 space /
1,500 sq. ft.
100% short term
0% long term
Non-residential
outside
Downtown*
1 space /
3,000 sq. ft.
100% short term
0% long term
*Long term bicycle parking is encouraged for non-residential uses but shall not count towards the minimum number of
required short-term spaces.
2062 434
Development Districts & Standards
28 2. Short-term (fixed bicycle rack facility)
a. Cyclists should be able to quickly identify
bike racks when arriving from the street. A
highly visible location not only makes it
easier for the cyclist, but also curbs theft
and vandalism. Areas shall be well lit, and,
when possible, within view of passerby,
retail activity, or windows.

1. They shall be implemented in areas of
high traffic such as building entrances—
no further than 50 feet from these
entranceways.

2. Bike racks must be visible from adjacent
bikeways and allow for fast street
access while avoiding locations that
have stairs.

3. Bicycle parking facilities shared by more
than one use are encouraged.

3. Long-term (sheltered or enclosed facility)
a. Bicycle parking for employees, students,
residents, commuters and others who stay
at a site for several hours; a secure and
weather-protected place to store their
bicycles.

1. Locate on site or within 660 feet of the
site. No part of the rack shall be located
closer than 24 inches to a wall or other
obstruction.
2063 435
City of Fontana Downtown Development Guide
29 Private Open Space Types
Private Open Space Types
Private open spaces shall be designed as one of the
private open space types defined in this section. All
units shall have access to at least one of the
following forms of private open space.

1. Private Yard.
a. Definition: A side yard or rear yard
(excluding required setback areas) which is
accessed by secondary unit entrance(s).
b. The primary access to a private yard shall be
from the dwelling(s) served.
c. The minimum area for a private yard shall
be sixty (60) square feet.
d. The minimum dimensions for a private yard
in any single direction shall be six (6) feet.
e. Landscaping shall consist primarily of
planted areas including water-efficient
plantings of lawns, trees, plants in pots, etc.
and may be combined with a porch.
f. Private yard spaces may include edge walls
or fences, provided that their inclusion does
not violate building orientation.

2. Porch.
a. Definition: A patio, terrace, or other
platform extending from or adjacent to a
building at the ground floor which is
accessed by secondary unit entrances(s).
b. The primary access to a porch shall be from
the dwelling(s) served.
c. The minimum area for a porch shall be
forty-eight (48) square feet.
d. The minimum dimensions of a porch in any
single direction shall be six (6) feet.

3. Rooftop Deck or Garden.
a. Definition: A private or privately shared
deck or yard on the roof of a building.
b. The minimum area for a rooftop deck or
garden shall be sixty (60) square feet.
c. The minimum dimensions for a rooftop
deck or garden in any single direction shall
be six (6) feet.
d. Gardens and green roofs are encouraged to
help minimize heat sinks and to pretreat
water from storms prior to it entering the
storm drain system.

4. Balcony.
a. Definition: An outdoor space extending
from a private upper floor of a building,
which is accessed directly from a secondary
unit entrance.
b. Access to a balcony shall be limited to the
dwelling served.
c. The minimum area for a balcony shall be
forty-eight (48) square feet.
d. The minimum dimensions for a balcony in
any single direction shall be six (6) feet.
2064 436
Development Districts & Standards
30 Common Open Space Standards
Amenities Required
Developers shall provide on-site recreational
facilities in conjunction with common open space
as a minimum requirement for all multi-family
projects.

1. Development with less than 35 units shall
provide a minimum of 10 percent (Private Open
Space that exceeds the required minimum may
be counted towards the Common Open Space
requirement) of the project lot area as common
open space and shall provide one of the
following recreational facilities, or equivalent,
as approved by the Director of Planning:
a. Indoor gym/fitness facility (minimum 500
square feet).
b. Tot-lot with multiple play equipment.
c. Spa and pool (min 25 yard by 15 yards).
d. Barbecue facility equipped with built-in grill,
picnic benches, etc (min of three areas).

2. Development consisting of 35 units to 79 units
shall provide three of the following recreational
facilities, or equivalent, as approved by the
Director of Planning:
a. Indoor gym/fitness facility (minimum 500
square feet).
b. Tot-lot with multiple play equipment.
c. Spa and pool (min 25 yard by 15 yards).
d. Barbecue facility equipped with built-in grill,
picnic benches, etc (min of three areas).
e. A minimum of ten percent (10%) of the
project lot area as Common Open Space.

Private Open Space that exceeds the
minimum may be counted towards the
Common Open Space requirement.

3. Development consisting of 80 units to 200 units
shall provide all recreational facilities listed
above, or equivalent, as approved by the
Director of Planning.

4. Development consisting of 201 units to 400
units shall provide all recreational facilities
listed above and a minimum of one of the
following additional recreational facilities, or
equivalent, as approved by the Planning
Commission:
a. Large open lawn area, minimum dimensions
shall be 100 feet by 50 feet (e.g. Rooftop
garden).
b. Multiple tot-lots with multiple play
equipment. The tot-lots shall be
conveniently located throughout the site.

The number of tot-lots and their location
shall be subject to Planning Commission
review and approval.
c. Lap pool and spa (e.g. Rooftop, min 25 yard
by 25 yards).
d. Community multi-purpose room equipped
with kitchen, defined areas for games,
exercises, etc.
e. Barbecue facilities equipped with multiple
grills, picnic benches and shade structures.

The barbecue facilities shall be conveniently
located throughout the site. The number of
barbecue facilities and their location shall
be subject to Planning Commission review
and approval.
f. Court facilities (e.g. tennis, volleyball,
basketball, etc.).
g. Other recreational facilities not listed above
may be considered subject to the Planning
Commission review and approval.

5. Related recreational activities may be grouped
together and located at any one area of the
common open space. All recreational areas or
facilities required by this section shall be
maintained by private homeowner’s
associations, property owners, or private
assessment districts.

6. Circulation, pedestrian, and vehicular parking.

Pedestrian circulation. Each multiple-family
residential development shall be designed with
adequate walkways to provide convenience to
the needs of the residents, guests, and the
service providers of public agencies. Pedestrian
access to the unifying elements of any
development shall be separate from, and free
of, conflict with vehicular access ways. All
developments consisting of six units or more
2065 437
City of Fontana Downtown Development Guide
31 shall provide directories placed in a convenient
location at the development entry.

General Requirements

1. Common Open Spaces shall include amenities
such as seating, lighting, and landscaping.

2. Public open spaces shall be built within the
development area by developers as
development occurs.

3. At the discretion of the Director of Planning,
required open space may be constructed offsite and/or as part of a larger public open space that will be provided by the City or other
private developments.
2066 438
Development Districts & Standards
32 2067 439
City of Fontana Downtown Development Guide
33 Permitted Uses
Uses Permitted
This section of the Form-Based Code establishes
the permitted uses in each district and the
corresponding permit requirements. A parcel or
building subject to the Form-Based Code shall be
occupied with only the uses allowed by Table 6 –
Permitted Uses. Definitions of allowed land uses
are provided in Section No. 30-358. – List of
Definitions. Figure 2 - Downtown Core Districts
Map illustrates the district areas for the Downtown
Core.

1. If a district is not defined in this section, the
Director of Community Development may
determine that the use is not permitted, or
determine the appropriate definition and
determine the proposed use to be permitted
provided the Director of Community
Development approves a Director’s
Determination and makes the following
findings in writing:
a. The land use will not impair the orderly
implementation of the City of Fontana
General Plan.
b. The land use is consistent with the purpose
of the applicable zoning district.
c. The characteristics and activities associated
with the proposed land use are similar to
one or more of the listed land uses in Table
6 – Permitted Uses and will not produce
greater impacts than the land uses listed for
the zoning district.
d. The land use will be compatible with the
other land uses allowed in the zoning
district.
e. The land use is not listed as allowed in
another zoning district.

2. A “P” indicates a use is permitted by right
subject to design review by the Planning
Commission or administrative site plan review
by the Director of Community Development.

3. An “M” indicates the use requires the granting
of a minor use permit (MUP).

4. A “C” indicates the use requires the granting of
a conditional use permit (CUP).

5. A “--” means the use is not permitted in that
zoning district. Any use that is not listed is not
permitted.

6. Uses marked with a S superscript “S” indicate
that the use is subject to special use regulations
in (reference Specific Use Regulations) section
30-360.
2068 440
Development Districts & Standards
34 Table 6 - Permitted Uses
Civic
Core
Sierra
Core
Gateway
Core
MixedUse CoreMultiFamily CoreNeighborhood
Core
Administrative/ Professional
Architectural, design, and engineering
services P P P P -- --
Attorney/legal services P P P P -- --
Banks/financial institutions, credit
unions and remote ATMs (stand-alone
facilities—without drive-thru)

P P P P -- --
Banks/financial institutions, credit
unions and remote ATMs (with drivethru) -- -- M M -- -- Brokerage firms and financial
institutions P P P P -- --
Exhibit halls and galleries with 15% or
less retail sales area P P P P -- --
General administrative offices P P P P -- --
Government offices P P P P -- --
Insurance and accounting offices P P P P -- --
Massage/acupressure as primary use -- -- -- C -- --
Massage as ancillary use to primary
permitted use—less than 40% of gross
floor area of business

M M M M -- --
Real estate, escrow & property
management offices P P P P -- --
Recording/film studios M M M M -- --
Animal Services
Feed, tackle supplies for large animals -- -- -- -- -- -- Pet boarding and kennels -- -- -- C -- --
Pet grooming -- -- -- P -- --
Veterinarian clinic and hospitals (with
incidental boarding) -- -- -- C -- --
2069 441
City of Fontana Downtown Development Guide
35 Civic
Core
Sierra
Core
Gateway
Core
MixedUse CoreMultiFamily CoreNeighborhood
Core
Pet sales and supplies (without
outdoor storage) -- -- P P -- --
Alcoholic Beverage Sales
Alcoholic sales exclusively for off-site
consumption -- -- M M -- --
On-site sales in connection
w/restaurant M M M M -- --
Restaurant and café with
entertainment and/or dancing M M M -- -- --
Manufacturing, including winery or
micro-brewery with tasting room and
no restaurant

M M M M -- --
Micro-breweries in connection with
restaurant (Brew Pub) M M M M -- --
Micro-breweries without tasting room -- -- -- -- -- --
Educational/ Instructional/ Day Care Uses
Adult day care -- -- -- M -- --
Children tutorial classes -- -- -- M -- --
Colleges—public and private M -- M M -- --
Schools—elementary, middle,
secondary, high, private -- -- -- M M M
Studio—Art, Dance, Martial Arts,
Music (School) with greater than 1,500
sq. ft. GFA
-- -- P P -- --
Studio—Art, Dance, Martial Arts,
Music (School)with less than 1,500 sq.
ft. GFA
-- -- P M -- --
Licensed nurseries, pre-schools and
day care facilities for children -- -- -- M -- --
Adult vocational classes, trade schools,
computer training M -- M M -- --
Traffic and automobile driving schools -- -- -- -- -- -- Food/Restaurants/Eating Establishments
2070 442
Development Districts & Standards
36 Civic
Core
Sierra
Core
Gateway
Core
MixedUse CoreMultiFamily CoreNeighborhood
Core
Bakery—primarily retail sales P P P P -- --
Banquet Hall as ancillary use to
primary permitted use M -- M -- -- --
Catering services as primary use—may
include on-site dining facilities M M M M -- --
Ice cream, juice, tea and candy shops P P P P -- --
Restaurant/coffee shop with drive thru -- -- -- -- -- -- Restaurant/coffee shop without drive
thru facilities or alcohol sales P P P P -- --
Outdoor dining in public right-of-way P

S PS PS PS
-- --
General Merchandise/Retail Trade
Antiques retail sales (excludes pawn
shop) M M M M -- --
Consumer electronics, computer and
phone equipment retail sales P P P P -- --
Art gallery with retail sales (If retail
sales area is less than 15%, see exhibit
hall and gallery under
Administrative/Professional)

P P P P -- --
Art supplies, framing P P P P -- --
Beauty supplies P P P P -- --
Books and magazines P P P P -- --
Camera and photographic supplies P P P P -- --
Clothing/shoe stores P P P P -- --
Cigarette/smoke shops/electronic
cigarettes as a primary use -- -- -- -- -- --
Cigar sales only P P P P -- --
Cigar lounge/hookah lounge/smoking
room

C C C C -- --
Consignment clothing sales C C C C -- --
Farmer's Market MS MS MS-- -- --
2071 443
City of Fontana Downtown Development Guide
37 Civic
Core
Sierra
Core
Gateway
Core
MixedUse CoreMultiFamily CoreNeighborhood
Core
Convenience stores -- -- C C -- --
Floor covering (carpet, tile, and
similar) -- -- P P -- --
Florists P P P P -- --
Food/drug store -- -- P P -- --
Fabric stores -- -- P P -- --
Firearms, ammunition, related
products, assembly—retail sales -- -- -- -- -- --
Furniture, office and home furnishings -- -- P P -- --
Garden supply with outdoor display of
plants -- -- P P -- --
General merchandise, specialty, gift,
craft items, candles, house wares, and
variety (non-discount) stores

P P P P -- --
Hardware/home improvement stores -- -- P P -- --
Health, herbal, botanical stores P P P P -- --
Hobby, toy and game P P P P -- --
Indoor swap meets/concession malls -- -- -- -- -- --
Interior decorating, linen, and bath
stores
-- -- P P -- --
Jewelry sales and repair (excludes
pawn shop) P P P P -- --
Leather goods and equipment P P P P -- --
Musical instruments P P P P -- --
Office supplies/stationery/cards P P P P -- --
Sporting goods and equipment (no gun
sales) M M M M -- --
Thrift stores/second-hand store -- -- -- P -- --
Lodging Places
Bed and Breakfast M M M MS-- MS
Hotels and motels M M M M -- --
2072 444
Development Districts & Standards
38 Civic
Core
Sierra
Core
Gateway
Core
MixedUse CoreMultiFamily CoreNeighborhood
Core
Motels -- -- -- -- -- --
Medical/Health Services
Acute care/walk-in medical services
(urgent care) -- -- -- P -- --
Ambulance services -- -- -- -- -- --
Hospitals -- -- -- -- -- --
Medical/dental/counseling/
psychology/ hearing
aids/acupuncture/
homeopathy/physical therapy/sports
therapy

M -- M P -- --
Optometry sales P P P P -- --
Motor Vehicle Services
Auto body and painting (primary use) -- -- -- -- -- --
Auto broker offices -- -- -- -- -- --
Auto car washes -- -- -- -- -- --
Auto and motorcycle sales – new and
used -- -- -- -- -- --
Auto rental agencies with parking for
vehicle rentals -- -- -- -- -- --
Auto/motorcycle repair – general,
including quick lube, smog check,
transmission service
-- -- -- -- -- --
Auto upholstery -- -- -- -- -- --
Auto car alarm and stereo installation
(within an enclosed building only) -- -- -- -- -- --
Commercial parking facilities and
garages

P P P P -- --
Gas/service station -- -- C C -- --
Gas station with mini mart, car wash
and/or restaurant -- -- C C -- --
Truck, trailer and equipment rentals -- -- -- -- -- --
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39 Civic
Core
Sierra
Core
Gateway
Core
MixedUse CoreMultiFamily CoreNeighborhood
Core
Personal Services
Barber, hair/nail/ skincare/tanning
salon and day spa M M M P -- --
Body art (tattooing, body piercing,
and/or permanent cosmetics) C C C P -- --
Check cashing/deferred deposit or
payday advance uses with or without
ancillary services
-- -- -- -- -- --
Cemeteries, crematory, mortuary and
mausoleums -- -- -- -- -- --
Dry cleaners/ laundry –
non-commercial -- -- -- P -- --
Fortunetelling -- -- -- M -- --
Funeral parlors -- -- -- -- -- --
Locksmith/key shops -- -- -- P -- --
Pawnshops/cash for gold and
diamonds (as primary use) -- -- -- -- -- --
Photography studios -- -- -- P -- --
Postal services/mail box rentals -- -- -- P -- --
Shoe repair -- -- -- P -- --
Tailor and alterations -- -- -- P -- --
Public Facilities/Utilities
Public park P P P P P P
Public maintenance yard and other
nonP -- M M -- --
Public utility structures M M M M M M
Recreation/ Entertainment
Billiards and pool halls M M M -- -- --
Escape rooms P P P P -- --
Game and video arcades M M M M -- --
Golf course and driving ranges -- -- -- -- -- --
2074 446
Development Districts & Standards
40 Civic
Core
Sierra
Core
Gateway
Core
MixedUse CoreMultiFamily CoreNeighborhood
Core
Health and fitness clubs -- -- M M -- --
Indoor – amusement/recreation/
sports fields and
courts/skating/batting cages/roller
hockey facilities (not within a public
park)

M M M M -- --
Outdoor amusement/ recreation/
sports fields and courts/
skating/batting cages/ roller hockey
facilities (not within a public park)
-- -- M M -- --
Public assembly/ auditoriums/meeting
halls/religious facilities C

S CS MS MS CS CS
Theatres (live stage and movie) and
concert halls M M M M -- --
Repair Services
Antique restoration -- -- -- -- -- --
Equipment and appliance repair -- -- -- -- -- --
Furniture refinishing -- -- -- -- -- --
Furniture upholstery -- -- -- -- -- --
Residential Uses
Accessory structures P P P P P P
Assisted living facilities -- -- M M C C
Parolee home -- -- -- -- -- --
Residential care facility
(6 or fewer persons) -- -- -- -- -- --
Residential care facility
(7 or more persons) -- -- -- -- -- P
Multiple-family development -- -- -- -- P P
S
Residential within mixed-use
development having a commercial
component (may include senior,
affordable, market rate, etc.)

P P P P -- --
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41 Civic
Core
Sierra
Core
Gateway
Core
MixedUse CoreMultiFamily CoreNeighborhood
Core
Senior housing M M M M M M
Live/work (as a part of a mixed-use
development or stand- alone) P

S PS PS PS
-- --
Detached, single family dwellings -- -- -- P -- P
Student housing/ dormitory/group
quarters
-- -- M M M --
Small family childcare
(1 to 6 children) -- P P P P P
Large family childcare
(7 to 14 children) -- -- -- -- M P
Service/Non-Profit Organizations
Civic buildings/uses P P P P P P
Offices for philanthropic, charitable,
civic and service organizations P P P P -- --
Temporary political campaign offices
and headquarters P P P P -- --
Miscellaneous
Industrial uses -- -- -- -- -- --
Adult-oriented uses -- -- -- -- -- --
P=Permitted; M=Minor Use Permit; C=Conditional Use Permit; “--”=Not Permitted; “S”=Special use regulations 2076 448
Development Districts & Standards
42 2077 449
City of Fontana Downtown Development Guide
43 Design & Architectural Regulations
This Section provides regulations and standards for
well-designed facades on new or renovated
buildings. These regulations encourage buildings
that strengthen the quality and character of
Fontana’s Downtown while providing opportunities
for creativity and discretion.
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Design & Architectural Regulations
44 Fontana’s Architectural Character
This section contains an overview of the
predominant architectural style in Fontana that
have defined and will continue to define the
character and identity of the city. The following
architectural descriptions are provided to establish
a basis for extending the City’s heritage with the
rehabilitation of existing buildings and the
construction of new buildings. This information is
intended to provide guidance for property owners,
investors, developers and designers to make
sensitive reference to, incorporate, and/or
harmonize with characteristics of predominant
architectural styles such as (but not limited to)
massing, horizontal and vertical scale increments,
façade composition, roof form, architectural
elements, materials, and colors.

Early 20th Century Commercial Style
(1900-1930)
The Early 20th Century Commercial Style was a
simple, economical and adaptable style that arose
in reaction to the perception of overly ornate
Victorian and Neoclassical styles. It incorporated
classical principles of base, shaft and capital
organization of massing and façade composition
but without the classical orders, using simplified
elements instead. The style was applied to all types
of commercial and mixed-use buildings.

1. Roofs are flat, hipped, or gabled. A shaped
parapet (“false front”) commonly hides the roof
profile at the storefront façade.

2. Front facades are flat, commonly with a shaped
parapet at the roofline, occasionally with a
projecting cornice instead or as well. The
parapet is well-detailed with a continuous
parapet cap or a built-up cornice.

3. Wall materials of the primary building are
generally patterned masonry wall surfaces
(brick, tile, etc.). Stucco (above the ground
floor) and painted horizontal wood siding are
also used with strong trim elements.

4. Ground floor storefront are contained within a
large opening in the primary wall material. They
may continue to use that material, or in many
cases, the storefront has its own architecture
and materials distinct from the building yet
complementary to it.

5. Storefront glaze is composed of large panes of
shop windows, with a continuous horizontal
band of commercial clerestory windows above
shop windows and the entrance door.

6. Fabric awnings are often used at or above
commercial clerestory windows divided into
segments to match window divisions rather
than a single continuous awning.

7. The front entrance to upper story uses is
distinct from the storefronts and is attractively
details to be recognizable as not a storefront
component.

8. Window and door shapes are simple and
rectangular.

9. High quality materials such as glazed ceramic
tile, painted carved wood, bronze door
hardware, etc. are located at the ground level
where customers and tenants encounter the
building.
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45 Spanish Mission Revival/Mediterranean
Style (1915-1935)
Spanish Mission Revival and Mediterranean styles
(and their sub-styles such as Spanish Colonial
Revival) were period revivals that became popular
in California beginning in the 1920s. The historic
heritage of the California Missions and previous
Spanish presence, the exotic imagery of Spain and
Mexico in movies, and California’s climate being
likened to that of the Mediterranean were sources
of inspiration. These styles were applied widely to
commercial, civic, mixed-use, and residential
buildings.

1. Roofs were typically finished in fired clay red
“barrel” tile, sometimes mixed in with flat roofs
with parapet walls with a shaped top profile.

Roof domes with colorful ceramic tile are used
at towers and important features of civic and
religious buildings.

2. Both formal and informal arrangements of
window and door openings are used. Arched
openings are used individually and in sequence
as arcades.

3. Storefront designs like those used within the
Early 20th Century Commercial Style can occur
within storefront openings on facades.

Storefront materials and colors such as ceramic
tile, dark painted woods, and dark metals are
selected in coordination with overall building
colors.

4. Wall colors are often white or light earth tones.

5. Dark painted or stained wood and dark metal
(wrought iron) are used as trim and ornamental
elements in Mission and Spanish styles, while
light or colored trim may also be used in
Mediterranean styles.
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Design & Architectural Regulations
46 Art Deco (1925-1950)
Art Deco and its related styles (Streamline
Moderne, Moderne, etc.) emerged as shifts in
architectural and commercial fashion between the
First and Second World Wars. They were inspired
by changes in machine technology and popular
taste. These styles were applied widely to
commercial, civic, mixed-use, and residential
buildings.

1. Building masses are composed of simple
rectangular volumes or combinations of simple
volumes, with flat roofs.

2. Wall planes are smooth with banded windows
and “extruded” cornices and overhangs.

3. Other ornamental motifs of Art Deco include
fan-like shapes, zigzag elements, chevrons, and
stylized foliage; these are often applied to
decorative panels.

4. Storefront designs similar to those used with
the Early 20th Century Commercial Style
typically occur within storefront openings.

5. Polished metal, glass block, and other industrial
elements are used as trim and ornamental
elements in Art Deco and related styles.

Contemporary Styles (1950-Present)
For the purposes of this Plan, Contemporary Styles
comprise those architectural styles that draw on
Modernism, Post-Modernism, and other current
styles in practice today. Most Contemporary Styles
have drawn upon contemporary building materials
and modern construction methods to create a
visual identity that is distinct from historic
architectural styles.

1. Building elements such as walls, windows, and
roofs are often expressed as individual plans or
forms. Windows can often be expressed as
“voids” between walls, or act as entire wall
plans. Where they are expressed as opening in
walls, they are typically composed as a series of
rhythmically or strategically placed “punched
openings” for compositional purposes.

2. Flat roofs are frequently used, but roofs or
portions of roofs are often treated as geometric
forms that may stand out. Examples include
barrel vaults, angled or curved plans, and
extended overhangs. They may be accented
with special materials, such as metal.

3. Contemporary Styles employ a wide palette of
building materials. Metal cladding, concrete,
glass, and tile as well as natural materials may
be used. Materials as well as colors are often to
define building volumes, planes, or functions.

4. Building colors may be composed of contrasting
hues and tones, with individual building
elements or forms emphasized through use of
an accent color. Strong, saturated hues are
often used to play off neutral hues.
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47 Architectural Styles
There is no preferred architectural style for
buildings in the Downtown Core. However, all
buildings shall demonstrate an architectural
concept/idea to provide coherence and integrity to
the design. Any architectural style that is proposed
shall be in keeping with that style, particularly
regarding: overall massing, overhangs, expressions
of structure, wall thickness, materials and other
details. There are currently six architectural styles
in and around Downtown Fontana:
2082 454
Design & Architectural Regulations
48 Spanish
Style Elements
Form • Asymmetrical massing
Spanish Craftsman
Tuscan Art Deco/Moderne
Modern/Contemporary Mediterranean
2083 455
City of Fontana Downtown Development Guide
49 Entry
• Detailed door surround
• Arched or half-arched
doorways/openings
Roof and
Materials
• Low-pitched hip or gable
• Short or no hangover parapet
roofs
• Concrete S-tile or barrel mission
tile roof
Details
• Shutters
• Ornamental wrought iron
• Vertical window proportions
• Arched window or door openings
• Decorative ceramic tiles
• Casement windows
Color and
Materials
• Light to medium sand stucco
finish or smooth texture “Santa
Barbara finish”
• White and light earth tone colors
General Note: Photos on this page are illustrative, not regulatory Design Characteristics
• Red tile roof coverings
• Single or Crossed-Gable Roof
• Eaves with little or no over-hang
• Prominent arches placed above doors and
windows, or beneath porched roofs
• Stucco wall surface at all exterior walls
• Facade is typically asymmetrical
• Wall surface extends into gable without break
• Balconies, open or roofed, with wood or iron
railings
• Elaborate chimney top, often with small tiled
roof
• Towers (round, square or polygon)
• Walled entry courtyards
• Stucco or tile decorative vents
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Design & Architectural Regulations
50 Craftsman
Style Elements
Form
• Asymmetrical/symmetrical plan
form
• Varied building massing
Entry
• Layered wood entry doors
• Use of deep porch or arcaded
entrances
Roof and
Materials
• Shallow pitched roofs (3.5:12-
5:12); front, side or gross gable
roofs
• Deep overhangs (6”-24”) with
decorative brackets below
• Exposed rafter tails
Details
• Battered, square, or 4-post
columns
• Brackets or knee braces at gabled
ends
• Paired or triple windows
Color and
Materials
• Concrete flat tile roof
• Light to medium sand finish stucco
with shingle, lapped, or stucco
siding accents
• Stone, river rock, or brick accents
• Light or deep earth tone colors
Design Characteristics
• Low-pitched, gabled roof
• Wide overhanging eaves
• Decorative brackets
• Multi-paned windows, cased in wide trim
• Partially paned doors, typically the upper third
of the door
• Shingle, lapped and stucco siding is common
• Often mixed materials throughout the structure
• Simplified windows on side and rear elevations
General Note: Photos on this page are illustrative, not regulatory 2085 457
City of Fontana Downtown Development Guide
51 Tuscan
Style Elements
Form • Asymmetrical/symmetrical
massing
Entry • Arched door treatments
Roof and
Materials
• Shallow pitched roofs
• Simple gabled and hipped roofs
• Concrete or Terra Cotta Barrel tile
Details
• Shutters
• Wrought iron details
• Wood or wrought iron balcony
railings
• Arched windows and window
treatments
• Deep set (8” minimum) windows
on front elevations
• Narrow and tall with muntins
(grids)
Color and
Materials
• Earth tones
• Brown or beige window frames
• Vibrant accents
General Note: Photos on this page are illustrative, not regulatory Design Characteristics
• Heavy use of stone and plaster
• Shaped timber tails at eaves
• Simple balconies with wrought iron railings or
solid half walls
• Asymmetrical fenestration pattern
• Vertical forms mixed with horizontal
• Occasional use of arched openings
2086 458
Design & Architectural Regulations
52 Art Deco/Moderne
Style Elements
Form • Symmetrical massing
Entry
• Doorways are surrounded with
elaborate pilasters and pediments
and door surrounds
• Often embellished with either
reeding or fluting
Roof and
Materials
• Flat roofs with parapets, spires or
tower-like constructs to
accentuate a corner or entrance
Details
• Windows appear as punctured
openings, either square or round
• Windows often arranged in
continuous horizontal bands of
glass
• Wall openings can be filled with
decorative glass or with glass
blocks
Color and
Materials
• Use of bold colors as accents such
as green, yellow, turquoise, and
ruby
• Use of metallic accents, such as
silver and gold
• Inlaid stained glass in bold colors
Design Characteristics
• Smooth wall surfaces, including stucco,
concrete, smooth-faced stone and terra cotta
• Sharp edged, linear appearance
• Stylized decorative elements using geometrical
forms, zigzags, chevrons, etc.
• Low relief decorative panels
• Stepped or setback front façade
• Stripes of windows with decorative spandrels
• Reeding and fluting around doors and windows
General Note: Photos on this page are illustrative, not regulatory 2087 459
City of Fontana Downtown Development Guide
53 Modern/Contemporary
Style Elements
Form • Asymmetrical compositions with
the use of geometric forms
Entry • Simple without ornamentation
• Use of glass, wood, and metal
Roof and
Materials • Typical use of flat roofs
Details
• Emphasis on horizontal lines
• Outdoor courtyards and open
spaces to encourage the
relationship between interior and
exterior spaces
Color and
Materials
• Iron, concrete, steel and glass
• White or neutral palette is
common
General Note: Photos on this page are illustrative, not regulatory Design Characteristics
• Interaction between interior and exterior
spaces
• Functional design
• Minimal or no ornamentation
• Simple, plain, geometric forms, rectangular
shapes, and linear elements
• Oversized windows - often floor-to-ceiling
length, sliding glass doors, and high-set
windows
2088 460
Design & Architectural Regulations
54 Mediterranean
Style Elements
Form • Asymmetrical/symmetrical
massing
Entry • Arched door treatments
Roof and
Materials
• Gable or pitched roof
• Low-pitched, red barrel tile roofs
Details
• Wooden brackets and supports
under eaves and windows
• Wrought-iron balconies and
railings
• European-style gardens or
courtyards
Color and
Materials
• White or light earth tones
• Stone used as an accent
• Stucco exteriors
General Note: Photos on this page are illustrative, not regulatory Design Characteristics
• Ornamental detailing
• Doors, gateways, and window frames may
feature iron detailing
• Courtyards used for outdoor space and/or
building entry
• Columns, arches, curved windows and
keystones
• Terraces and balconies are common features
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City of Fontana Downtown Development Guide
55 Design Regulations
Commercial, Apartment,
and Mixed-Use Buildings
This Section provides regulations and standards for
new or renovated commercial, apartment, and
mixed-use building types.

Crime Prevention through Environmental
Design (CPTED)
Crime Prevention through Environmental Design
(CPTED) concepts shall be incorporated into the
project design in order to create a safe built
environment.

General Façade Composition
Buildings should generally be “four-sided,”
meaning that all facades (including sides and rear)
shall be considered visible and treated with
articulation and materials.

Size, Mass, and Scale
The scale of buildings and accessory structures
(including canopies) shall be appropriate to the
scale of structures built, or anticipated, in that
district. Height of buildings shall be proportionate
to the number of stories proposed.

Building Materials

1. Building wall materials shall be combined on
each façade only horizontally, unless the
building is broken vertically by a change of
plane, or a vertical architectural element.

2. Building walls shall be finished in one (1) or
more of the following materials:
a. Wood
b. Fiber cement board siding, smooth finish
c. Reinforced concrete with stucco
d. Brick
e. Corrugated metal, which may be approved
by the Director of Planning based on the
surrounding context and location on the
site
f. Other materials as approved by the Director
of Planning, based on visual compatibility
with listed approved materials

3. Doors shall be made of wood, metal, glass, or
fiberglass.

Roof Materials

1. Roof materials shall match or complement the
proposed architectural style.

2. Roof materials that shall not be used include:
a. Stamped sheet metal used to simulate
Mediterranean or Spanish roof tiles.
b. Corrugated sheet metal.
c. Lightweight asphalt shingles.
d. Wood shakes or shingles.

Roof Forms
Where pitched roofs exist, primary roofs shall have
a minimum slope of 4:12, while ancillary roof
slopes may be no less than 2:12.

Windows and Doors

1. Proportion and Details
a. Windows shall not be flush with exterior
wall treatments. Windows shall be provided
with an architectural surround at the jambs
and header, and a projecting sill.
b. Window openings may be grouped
horizontally, but trim between windows
shall be at least 3.5 inches wide. This does
not apply to storefront windows.

2. Facade Transparency: Building elevations that
face the street shall have at least 40% of the
first-floor wall area consist of windows and/or
doors and 15% of upper floors.
2090 462
Design & Architectural Regulations
56 Architectural Details

1. Shutters: Shutters shall be sized and placed so
as to equal the width that would be required to
cover the window opening.

2. Cornices: If cornices are used, then the cornices
are required to delineate the tops of facades.

Expression lines are required to delineate the
divisions between the first floor and upper
floors. Cornices and expression lines shall either
be a molding or a jog in the surface plane of the
building.

Exterior Building Color

1. Fluorescent colors shall not be used as primary
wall colors or accent colors except when
approved by the Director of Planning when the
colors are appropriate for the surrounding area
and enhance the visual interest of an area.

2. Colors that relate to or enhance the building’s
existing district character shall be used. Light
colors such as different shades of whites and
pastels are appropriate. Extremely bright colors
shall not be used as primary wall colors.

3. Secondary colors shall complement the primary
building color. They shall be lighter or darker
values than the body color or use more
saturated hues of the body color. Secondary
colors can be used to give additional emphasis
to architectural features such as building bases
or wainscots, columns, brackets, cornices,
capitals, and bands; or used as trim on
doorframes, storefront elements, windows and
window frames, railing shutters, ornament,
fences, etc.

Mechanical Equipment and Screening

1. Rooftop equipment such as mechanical
equipment shall be screened on all sides, and
the screening shall be integrated into the
overall building design.

2. Mechanical equipment, such as ventilation
systems, commercial exhaust fans, rooftop
terminations, commercial cooling equipment,
heating and air conditioning units, TV antennas,
and satellite dishes, shall be hidden or screened
from view. Architectural features or vegetation
can be used to conceal mechanical equipment.

Screen material shall be properly maintained. If
vegetation is used for screening, the mature
size of the vegetation shall be considered so
that equipment air flow will not be
compromised.

Proportions of Bays and Openings
All building bays, including porches, colonnades
and porticos as appropriate, shall be square or
vertical in proportion, unless the design merits a
horizontally-proportioned opening. Wall opening,
except for transoms and storefronts, shall be
square or vertical in proportion. The façade of a
proposed building shall draw upon the proportion
and number of bays in surrounding buildings, as
defined by windows, doors, and column spacing, to
establish a compatible scale.
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City of Fontana Downtown Development Guide
57 Garages and Accessory Structures
Attached garages, detached garages, and other
accessory structures shall be subordinate in height,
footprint, and proportion to the primary structure
on the site, and shall be compatible with the
principal structure in terms of roof form, materials,
and color. Where a garage contains an accessory
dwelling unit above, it may exceed the height of
the primary structure.

Utility and Service Equipment Areas

1. Locate ancillary facilities within buildings when
feasible, not along the street facing facade, to
the maximum extent feasible. Where ancillary
facilities such as trash receptacles and utility
meters absolutely cannot be incorporated into
a building, locate them at the rear of the site in
freestanding, completely enclosed structures
designed to be compatible with the
architecture of the rest of the development.

2. Loading docks, service areas, and trash disposal
facilities shall be hidden or screened from view
of streets, parks, squares, or significant
pedestrian spaces. Service, utility and
mechanical functions, including retail loading
shall be located in alleys whenever present.

When alleys are not present, service functions
shall be placed behind buildings. Building
design shall accommodate equipment with
niches or insets.

3. Trash and storage enclosures shall be
architecturally integrated into the project
design. Landscaping shall be provided adjacent
to enclosures for screening and deterring
graffiti.

4. Build covered trash enclosures with durable
materials such as stone, concrete block, steel,
and heavy timber.

5. The location of trash enclosures shall be easily
accessible for trash collection and shall not
impede general site circulation patterns during
loading operations.

6. Trash enclosures shall be required for multifamily developments that have five or more units.

7. Locate electrical panels to minimize their
visibility from the street, in locations such as
side yard walls, and/or behind landscaped
areas. Integrate them into the design of
residential buildings to the maximum extent
feasible.

8. Minimize the visibility of utilities connections
from the public street.

Outdoor Display of Merchandise

1. Definition of “Merchandise”: For purposes of
this section, merchandise is defined as any item
that is for sale on the premises or is
representative of an item that is for sale on the
premises, regardless of whether that particular
item is available for purchase.

2. Arrangement: Merchandise shall be arranged
and spaced so as not to clutter the front of the
property, as determined by the Director of
Planning or designee.

3. Location:
a. Merchandise shall not be placed on the
public sidewalk or within the right-of-way
without the approval of the Director of
Planning or designee. If merchandise is
displayed on any privately-owned sidewalk,
a minimum of four (4) feet of the sidewalk
as measured from the curb must remain
open and unobstructed to facilitate safe
pedestrian circulation.
b. Areas designated for vehicular parking may
not be used as outdoor display areas unless
as authorized in the Zoning Code such as
Temporary Use Permits.
c. Merchandise shall not be displayed on
public street furniture or landscaping.

4. Designation in Plans: Plans for new
developments or reuse of an existing space
shall clearly designate any areas for outdoor
display of outdoor merchandise. Outdoor
display of merchandise shall only occur in areas
designated for such display on the approved
plan.
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Design & Architectural Regulations
58 Trellises, Marquees, and Architectural
Canopies
Materials, colors, and form shall be derived from
the building architecture.

Balconies
Balconies are encouraged at upper stories to create
visual interest, support an architectural style or
context, and to provide outdoor spaces for upper
story tenants. In addition to upper story balconies,
recessed alcoves are recommended to increase the
depth and usability of the balcony space and add
visual interest to the façade composition.

Awnings and Shade Devices

1. Durable materials that complement other
building materials shall be used, including
canvas, high quality fabric, and metal.

2. Vinyl and plastic shall not be used.

3. Colors shall complement the building style,
materials, and colors.

4. Awning mounting heights shall be consistent
along the façade, unless varying mounting
heights supports the architectural style.

Security Doors

1. To the degree possible, roll-up security doors
shall be recessed behind the building façade
wall surface.

2. Horizontal sliding security grills shall be
architecturally concealed when in fully opened
position.

Site Landscaping

1. Landscaping shall be incorporated in order to
create an active visual outlook for residential
units, create usable open space, and provide
privacy for adjacent residential units.

2. Site landscaping treatments shall be designed
to be attractive, with consistent design integrity
throughout the project.

3. Parking lots, driveways, and other automobile
circulation areas shall be landscaped in order to
improve the visual appearance of circulation
and parking areas.

4. Trees, landscape islands, shrubs, and
groundcover shall be incorporated throughout
parking areas.
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59 Residential Buildings
This Section provides regulations and standards for
new or renovated residential buildings that have
individual entries from the public ROW or common
open space. These regulations encourage buildings
that strengthen the quality and character of
Fontana’s neighborhoods and surrounding areas
while providing opportunities for individuality and
creativity.

Building Materials and Colors

1. Generally acceptable materials shall include
stucco, wood siding, native rock and stone, split
face, concrete and brick.

2. Generally prohibited materials shall include
aluminum or plastic siding, corrugated
fiberglass, and metal.

3. Generally acceptable colors shall include muted
natural colors, earth tones, pastel colors,
natural stains and accent colors to contrast
eaves, trims, moldings and doors.

4. Generally prohibited colors shall include bright,
fluorescent, or assertive colors as primary or
accent wall colors.

Crime Prevention Through Environmental
Design (CPTED)
Incorporate Crime Prevention Through
Environmental Design (CPTED) concepts into the
project design in order to create a safe built
environment.

Garages and Accessory Structures
Attached garages, detached garages, and other
accessory structures shall be subordinate in height,
footprint, and proportion to the primary structure
on the site, and shall be compatible with the
principal structure in terms of roof form, materials,
and color. Where a garage contains an accessory
dwelling unit above, it may exceed the height of
the primary structure.

Design Criteria

1. A variety of enhanced architectural features
and materials shall be provided on every front
elevation. This can include, but is not limited to,
porches, bay windows, pop-outs, veneers, rock,
brick, wood siding, etc., or similar features.

2. All garage doors shall be metal, sectional and
roll-up.

3. Trim with a stucco covering may be painted in a
contrasting color. The contrasting color shall be
color-compatible with the color of the body of
the structure.

4. Decorative trim consistent with the
architectural design shall surround vents and
windows to enhance the architecture of the
structure.

5. Architectural treatment shall be provided on
each chimneystack.

6. Wall-mounted, decorative lighting fixtures shall
be provided at the front porch areas as well as
on each side of the garage door. The style of
the decorative lighting fixtures shall
complement the architectural style.

7. All front doors shall provide a window or other
decorative treatment, including but not limited
to, raised panels, metal work, etc.

8. Upgraded hardscape shall be used within the
concrete walkway(s) leading to the front door
of the house in order to complement the
home’s exterior architectural elements.

Examples of upgraded hardscape includes, but
is not limited to, decorative patterned scoring,
exposed aggregate finishes, stamped concrete,
etc.
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Design & Architectural Regulations
60 Screening of Exterior Equipment

1. All mechanical equipment, ground-mounted
equipment, utilities, storage, shall be screened
from adjoining properties and public streets by
a visual barrier such as a wall, fence, or
landscape material. Where landscaping only is
used for screening, it shall be planted with fivegallon (minimum size) shrubs spaced to provide a dense screen.

2. Roof-mounted mechanical equipment shall be
hidden from view by building parapets of equal
height. If building parapets do not provide
adequate screening when observed from
adjacent buildings, mechanical equipment shall
be screened by designing the parapet so that it
appears as an integrated part of the roof and
overall architectural design.

3. Roof-mounted equipment shall not be
permitted on the Single-Family Home building
type.

4. No exterior components of plumbing,
processing, heating, cooling, and ventilating
systems shall be mounted on any building wall
unless they are an integrated architectural
design feature.

Central Air Conditioning or Cooling System

1. All new residential structures shall be equipped
with a central air conditioning or cooling
system.

2. For the purposes of this section, a “central air
conditioning or cooling system” shall be
defined as all that equipment, including
associated refrigeration, intended or installed
for the purpose of cooling air by mechanical
means and discharging such air into a
residential structure used for living purposes. A
central air conditioning or cooling system shall
not include portable cooling units, absorption
units or evaporative coolers.

Water Heaters
Each dwelling unit shall have a separate hot water
heater or may be provided with a centralized
circulation water heating system sufficient to serve
all dwelling units on the property.

Laundry Facilities
All multiple-residential units shall be provided
washer and dryer hookups and laundry space
within the unit or garage. The laundry area shall
not infringe upon garage parking area. In the case
of apartments, common laundry facilities may be
included in addition to the individual unit hookups.

Storage Facilities
A separate area having a minimum of 125 cubic
feet of private and secure storage space shall be
provided for each unit.

1. Said storage area may be located within the
garage, provided it does not interfere with
garage use for automobile parking.

2. Normal closet and cupboard space within the
dwelling unit shall not count toward meeting
this requirement.

3. No storage shall be in a carport area.
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468 2096
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2293 Agenda Date: 7/18/2023
Agenda #: PH-C Category: Public Hearing
FROM:

Planning Department
TITLE:

Master Case No. 23-062 and Appeal No. 23-015 - Appeal of the Director of Planning’s decision approving Administrative Site Plan No. 22-028 and Minor Use Permit No. 22-007, a request to install a new wireless telecommunications facility consisting of a 75’ mono-palm with 14 antennas, supporting equipment, and an equipment enclosure of 347 square feet total pursuant to CEQA determinations.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings, staff recommends that the Planning Commission:

1. Deny Appeal No. 23-015, thereby upholding the decision of the Director of Planning, for Administrative Site Plan No. 22-028 and Minor Use Permit No. 22-007, for the request to install a new wireless telecommunications facility consisting of a 75’ mono-palm with 14 antennas, supporting equipment, and an equipment enclosure of 347 square feet total.

2. Direct staff to prepare, execute, and file a CEQA Notice of Determination and a Notice of Exemption with the County Clerk, as appropriate, within five (5) working days of the Commission’s final action on Administrative Site Plan No. 22-028 and Minor Use Permit No. 22-007 APPLICANT:

Robert Constant
28871 Blythewood Drive
Rancho Palos Verdes, CA 90275
LOCATION:
17010 Sierra Lakes Parkway (APN: 119-221-69)
REQUEST:

Master Case No. 23-062 and Appeal (APL) No. 23-015 - Appeal of the Director of Planning’s decision approving Administrative Site Plan No. 22-028 and Minor Use Permit No. 22-007 for a request to install a new wireless facility consisting of a 75’ mono-palm with 14 antennas, 36 RRU’s, supporting equipment, and an equipment enclosure of 347 square feet total.

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PROJECT PLANNER:

Mai Thao, Assistant Planner
PROJECT DESCRIPTION:

Land Use Designation:

ANALYSIS:

Background
Administrative Site Plan No. 22-028 and Minor Use Permit No. 22-007 consist of a request to install a new wireless telecommunications facility consisting of a 75’ mono-palm with 14 antennas, supporting equipment, and an equipment enclosure of approximately 347 square feet that was approved by the Director of Planning at a scheduled public hearing on May 11, 2023.

Mr. Nikos Constant, representing the abutting property owner, communicated concerns verbally during the hearing that follow the concerns provided in the Appellant’s appeal justification letter as well as unrelated matters about various contractors trespassing on the abutting property owner’s property. Subsequent to the Director’s approval, Mr. Constant submitted written communications describing certain concerns raised.

The appeal period for the project was fifteen (15) calendar days after a decision had been made on May 11, 2023, therefore the appeal period closed on May 26, 2023. Since the City is closed on Fridays this extended the closing period until Monday, May 29, 2023. Staff received one (1) appeal application in opposition of the project. The appellant, Robert Constant, is the adjoining property owner located at APN: 1119-221-54, just north of the project site. The appellant has provided one (1) appeal justification letter citing six concerns which is attached hereto as Attachment No. 1. The grounds for the appeal stated in the appeal justification letter included concerns relating to: setback issue to fee simple relating to potential fall concerns, setback issue to private easements, high winds and liability insurance, security, privacy, and safety, unlimited future use, and view impairment.

Minor Use Permit (MUP) No. 22-007
Brett Smirl, on behalf of AT&T submitted the application for a Minor Use Permit No. 22-007 on September 26, 2022, for the operation of an unmanned wireless telecommunications facility within the Regional Mixed-Use zone, which was approved by the Director of Planning on May 11, 2023.

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the Regional Mixed-Use zone, which was approved by the Director of Planning on May 11, 2023.

This use is considered a public utility structure an dfacility and is allowed within the Regional Mixed Use zoning district with the approval of a Minor Use Permit. The General Plan Land Use designation is Regional Mixed-Use (R-MU) and the zoning designation is Regional Mixed Use (RMU). The Regional Mixed-Use zoning is intended for a wide range of retail commercial, office, medium density residential, civic, open space and job-rich light manufacturing uses. The wireless facility will support the intended uses for the areas within the Regional Mixed Use land use designation.

Administrative Site Plan (ASP) No. 22-028
Brett Smirl, on behalf of AT&T submitted the application of an Administrative Site Plan (ASP) No. 22- 028 on September 26, 2022, for the site and architectural review for the unmanned wireless telecommunications facility that was approved by the Director of Planning on May 11, 2023.

According to the information submitted in the ASP22-028 application, AT&T will be the only carrier on the mono-palm tower at this time. The equipment enclosure is approximately eight (8) feet high and is 347 square feet in size and secured with a decorative stucco finish with a gate. The equipment enclosure will be accessed via a 12’ non-exclusive access path on Mango Avenue for maintenance and service for the mono-palm tower.

Appeal Concerns:

The following is a summary of the items raised in the previously reference appeal; Attachment No. 1 is a copy of the appeal letter.

1. Setback issue to fee simple: The height of the tower at 75 feet, with a 65-foot setback would encroach on Constant’s fee simple by, at the minimum, ten feet if it falls.

Constant demands that air and land rights be secured for this encroachment.

Response: The Appellant does not claim that the proposed facility violates the Fontana Municipal Code’s requirement for setbacks and admits that the proposed facility will not encroach on his property once constructed. The Appellant is speculating about a scenario in which the proposed wireless facility would fall or collapse on his property. If the Appellant is attempting to claim that his property rights would be impaired by the City’s approval of the proposed wireless facility, those concerns are not germane to the required findings for approval or would not serve as a basis for denial because the proposed facility will not actually encroach onto the Appellant’s property as constructed. Further, Chapter 32 Wireless Telecommunications Towers and antennas provides development standards for new towers and antennas. The maximum height allowed for a single user is 75 feet in height with the tower set back required to be a distance equal to at least 75 percent of the height of the tower from any adjoining lot line. The project complies with the development standards outlined in Chapter 32, with a setback distance proposed at 85 percent (approximately 64-foot setback) to the northern property line. Therefore, the project meets this development standard. The proposed AT&T tower and equipment has been reviewed and approved by the City of Fontana Building and Safety and Fire Departments and structural plans would be reviewed once again prior to issuance of building permits.

2. Setback issue to fully negotiated private easements: The height of the tower, if it falls, also encroaches on several private easements secured by the Constant with both subservient neighbor as well as third parties. Constant demands further rights be City of Fontana Page 3 of 9 Printed on 7/12/2023
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secured for this encroachment.

Response: Appellant’s concerns raised here are similar to those raised in Issue 1 and concern a speculative scenario where the proposed wireless facility may fall or collapse onto the Appellant’s property. The Appellant’s claims that the proposed facility may in such a speculative circumstance impair certain unspecified property rights, would not serve as a basis for denial because the proposed facility will not actually encroachment onto the Appellant’s property as proposed. The AT&T wireless telecommunications facility will be installed at 17010 Sierra Lakes Parkway (APN:1119-221-69). As mentioned above, the project complies with the setback requirements as outlined in Chapter 32. The proposed AT&T tower and equipment has been reviewed by the City of Fontana Building and Safety and Fire Departments and structural plans would be reviewed prior to issuance of building permits. The project will be built pursuant to all applicable building, zoning, fire codes and standards and complies with all applicable FCC and FAA regulations.

3. High winds and liability insurance: Due to year-round high winds in the area, Constant demands to be a named party on all liability insurance and be completely indemnified with any damages to Constant property paid out at treble damages rate, secured by a lien against tower.

Response: The Appellant has raised potential remedies that are not requirements of the Fontana Municipal Code and are not a condition of approval the City requires. The Appellant has no basis for his requests to be named a party on all liability insurance (it is unspecified whose policy this request would attach), to be indemnified, to receive treble damages, or to secure a lien on the proposed wireless facility. The proposed AT&T tower and equipment has been reviewed by the City of Fontana Building and Safety and Fire Departments and structural plans would be reviewed prior to issuance of building permits. The project will be built pursuant to all applicable building, zoning, fire codes and standards and complies with all applicable FCC and FAA regulations.

4. Security, Privacy, and Safety: Due to the sensitive nature of telecommunications infrastructure locally, nationally, and internationally, as well as future unknowns to health and safety from EMF, Constant demands a more thorough public vetting of this project by City Council in an open forum.

Response: The City’s review of the application and the Director’s approval of Administrative Site Plan No. 22-028 and Minor Use Permit No. 22-007 followed the procedures and process required by the Fontana Municipal Code. The Appellant has also raised concerns regarding the perceived health and medical risks posed by the proposed wireless facility. The City may not deny a wireless facility application based on concern about RF emissions exposure if the facility complies with FCC guidelines.1
1 In AT&T Wireless Servs. v. City of Carlsbad, 308 F. Supp. 2d 1148, 1161 (S.D. Cal. 2003). the city made a finding that the wireless facility would “negatively affect property values of nearby homes based upon the perceived fear of the health effects cause by the RF emissions.” The court held against Carlsbad, ruling that cities may not regulate based on the “direct or indirect concerns over the health effects of RF.” The court explained that a denial could not be based on substantial evidence (as required by law) “…if the fear of property value depreciation is based on concerns over the health effects caused by RF emissions.” City of Fontana Page 4 of 9 Printed on 7/12/2023
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The health risks associated with the public’s exposure to radio frequency (RF) energy has been an area of public concern particularly in light of the public’s increasing reliance on mobile devices and the proliferation of mobile technology and its supporting infrastructure. Setting the safety standards for RF emissions is exclusively the responsibility of the federal government, and the responsible agency is the Federal Communications Commission. Thus, Section 332 (c)(7)(B)(iv) prohibits the City from denying a wireless facility application based on concerns about RF emissions so long as the applicant has demonstrated that its facilities will comply with FCC standards. The Applicant has provided a certification that the proposed facility will comply with FCC standards for RF emissions. Further, the applicant’s facility must comply with state and federal law and as such, the Applicant may only use equipment that is FCC approved.

5. Unlimited future use: Due to the open ended and unlimited nature of future usage of the project, Constant demands a renegotiation of all terms at any and every change of future use.

Response: The Director’s approval of Administrative Site Plan No. 22-028 and Minor Use Permit No. 22-007 will not result in open ended or unlimited use. Administrative Site Plan No. 22-028 and Minor Use Permit No. 22-007 authorize the construction and operation of a wireless facility to be used for personal wireless services in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. The City is authorized by Government Code Section 65964 to place a ten year limit on the term of the requested wireless permits, which would require the permittee to reapply for new permits at that time and the permittee would be required to comply with all City requirements in effect at that time. The permittee is required to follow all City requirements and processes for any changes to the wireless facility improvements or to any changes in use. Future uses will be analyzed by the City in light of requirements existing at the time of such proposals. Such proposals may or may not include discretionary approvals and/or conditions.

6. View: as a 75-foot tower with a large “monopalm” ball of technology and “camouflage” at the apex, Constant demands monetary settlement of view impairment to be negotiated in good faith before start of project with a complete sightline analysis provided by developer to fully assess impact on Constant’s property value.

Response: The Appellant has requested a monetary settlement of view impairment but has not specified the party that would enter into such a settlement. Without an easement in place encumbering the property subject to new development that has resulted in view impairment, property owners have no inherent right to prevent other property owners from obstructing their view. See Mira Mar Mobile Community v City of Oceanside, 119 Cal.App.4th 477 (2004). Further, the City does not have a view protection ordinance in place which could provide alternative relief. As stated previously, the tower as approved complies with the maximum height requirement outlined in Chapter 32, with a maximum height of 75 feet for a single user. The wireless tower is proposed to be disguised as a City of Fontana Page 5 of 9 Printed on 7/12/2023
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height of 75 feet for a single user. The wireless tower is proposed to be disguised as a mono-palm with faux fronds and a faux growth pod, which will complement the surrounding neighborhood, which is characterized by existing commercial and industrial uses, and blend with the existing area. The proposed equipment enclosure will have a stucco finish with a desert color to match the drive-thru restaurant buildings. The enclosure will be surrounded by mature landscaping to compliment the landscaping of the surrounding properties which will match the surrounding neighborhood.

Findings for Approval for Minor Use Permit No. 22-007
Minor Use Permit No. 22-007, as approved on May 11, 2023, meets the mandatory MUP findings required pursuant to Section 30-178 Findings for approval. The original findings below were prepared by staff for Director of Planning’s consideration:

1. That the proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, General Plan, any applicable Specific Plan or area plan, and City regulations/standards.

The project site is located on the north side of Sierra Lakes Parkway and west side of Mango Avenue. The proposed project is for the installation a new 75-foot wireless facility disguised as a mono-palm. The new mono-palm will include fourteen (14) panel antennas, supporting equipment, and an equipment enclosure. The General Plan Land Use designation is Regional Mixed-Use (R-MU) and the zoning designation is Regional Mixed Use (RMU). The Regional Mixed-Use zoning is intended for a wide range of retail commercial, office, medium density residential, civic, open space and job-rich light manufacturing uses. This use is considered a public facility and is allowed within the Regional Mixed Use zoning district with the approval of a Minor Use Permit. The wireless facility will support the intended uses for the areas within the Regional Mixed Use land use designation.

2. The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.

The physical characteristics of the site are sufficient to accommodate the requested wireless mono-palm, supporting equipment, and equipment enclosure. The project site is approximately

1.8 acres in size and developed with two drive-thru restaurants pads and associated parking, landscaping, and drive aisles. The proposed mono-palm and equipment enclosure meets all applicable development standards including access, setbacks, parking, and drive aisles. There are no changes to the existing site circulation and access for the proposed project. The new wireless tower has been reviewed by Planning, Building and Safety, Engineering, and Fire Prevention and will meet or exceed all requirements.

3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.

The proposed project has been reviewed by Planning, Engineering, Building and Safety, and County Fire Prevention for site circulation, access, and safety. In addition, the site meets all the City of Fontana Page 6 of 9 Printed on 7/12/2023
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County Fire Prevention for site circulation, access, and safety. In addition, the site meets all the development standards of the Zoning and Development Code and Chapter 32 of the Fontana Municipal Code (FMC) as outlined in the Wireless Telecommunications Towers and Antennas ordinance and will provide a safe, well-designed facility.

Findings for Approval for Administrative Site Plan No. 22-028 Administrative Site Plan No. 22-028, as approved on May 11, 2023, meets the mandatory ASP findings required pursuant to Section 32-7.2 Findings for approval. The original findings below were prepared by staff for Director of Planning’s consideration:

1. The proposal meets or exceeds contained in this Chapter and is consistent with the General Plan and the applicable land use designation.

The project site is located on the north side of Sierra Lakes Parkway and west side of Mango Avenue. The proposed project is for the installation a new 75-foot wireless facility disguised as a mono-palm. The new mono-palm will include fourteen (14) panel antennas, supporting equipment, and an equipment enclosure. The General Plan Land Use designation is Regional Mixed-Use (R-MU) and the zoning designation is Regional Mixed Use (RMU). The Regional Mixed-Use zoning is intended for a wide range of retail commercial, office, medium density residential, civic, open space and job-rich light manufacturing uses. This use is considered a public facility and is allowed within the Regional Mixed Use zoning district with the approval of a Minor Use Permit and an Administrative Site Plan for site and architectural review of the proposed wireless facility. The proposed project is consistent with the General Plan, the Zoning and Development Code and Chapter 32 of the Fontana Municipal Code (FMC) as outlined in the Wireless Telecommunications Towers and Antennas ordinance.

2. That the site for the intended use is adequate in size, shape, topography, accessibility, and other physical characteristics to accommodate the use and all the required provisions of this chapter.

The project site is an irregular shaped property consisting of one (1) parcel of approximately 1.8 acres, located at 17010 Sierra Lakes Parkway. The new wireless tower has been reviewed by Planning, Building and Safety, Engineering, and Fire Prevention and will meet or exceed all requirements. The proposed project will be built/installed pursuant to all applicable building, zoning, fire codes, and standards which will result in an appropriate, safe, and desirable development, as well as conditions of approval referenced herein. The site is adequate in parking, circulation, and access to the property including the addition of the proposed wireless facility.

3. The proposal of the tower and/or antenna is in its design and appearance consistent with the development and design of the surrounding structures and neighborhood.

The project proposal in its design and appearance as a result from this review will be compatible with the site and other similarly approved wireless facilities. The wireless tower is proposed to be disguised as a mono-palm with faux fronds and a faux growth pod, which will complement the surrounding neighborhood and blend with the existing area. The proposed equipment City of Fontana Page 7 of 9 Printed on 7/12/2023
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the surrounding neighborhood and blend with the existing area. The proposed equipment enclosure will have a stucco finish with a desert color to match the drive-thru restaurant buildings. The enclosure will be surrounded by mature landscaping to compliment the landscaping of the surrounding properties and will match the surrounding neighborhood. The proposed project provides a safe and well-designed site that is both aesthetically and architecturally pleasing.

4. That the proposed use will be organized, designed, constructed, operated and maintained so as to be compatible with the character of the area as intended by the general plan.

The General Plan Land Use designation is Regional Mixed-Use (R-MU) and the zoning designation is Regional Mixed Use (RMU). The operation and maintenance of the facility will be regulated by specific requirements set forth in the Minor Use Permit and attached in the Conditions of Approval. In addition, the project will conform to the requirements of the Zoning and Developments Code and Chapter 32 of the Fontana Municipal Code (FMC) as outlined in the Wireless Telecommunications Towers and Antennas ordinance.

The proposed project has been reviewed by Planning, Engineering, Building and Safety, and County Fire Prevention for site circulation, access, and safety. The proposed project identified in Findings No. 1-3, meet or exceeds the standards of the Zoning and Development Code and Chapter 32 of the Fontana Municipal Code (FMC) as outlined in the Wireless Telecommunications Towers and Antennas ordinance and will provide a safe design.

5. That adequate streets and highways exist to carry the type and quantity of traffic anticipated to accommodate access for maintenance and/or service vehicles.

The proposed project has been designed to accommodate access for maintenance and/or service vehicles and will not conflict with existing easements or access on-site. The project site is accessed from Mango Avenue and Sierra Lakes Parkway, which are publicly maintained streets.

The proposed project will have one designated parking stall adjacent to the equipment enclosure for maintenance and/or service vehicles and will not conflict with the existing center.

6. The Director of the Planning Department shall make those findings enumerated in this section as amended from time to time, prior to approving any ASP pursuant to this chapter.

As a part of the approval of this Minor Use Permit and Administrative Site Plan, the Director of Planning made the required findings.

Staff prepared the above-listed findings for the Director of Planning’s consideration pursuant to Section 32-7.2 and Section 30-178, Findings for Approval. On May 11, 2023, the Director of Planning determined that the findings were consistent with the Fontana Municipal Code and FCC statues and regulations and approved the project. The proposed project has met all the requirements of the Fontana Municipal Code and the General Plan. As such, staff recommends the Planning Commission deny the request for appeal and uphold the approval of ASP No. 22-028 and MUP No. 22-007.

Environmental:

The installation of a new wireless telecommunications facility and ancillary equipment as described above associated with Master Case No. (MCN) 22-107 and Administrative Site Plan (ASP) No. 22- 028 and Minor Use Permit (MUP) No. 22-007 is exempt pursuant to Section No. 15311 Class No. 11 City of Fontana Page 8 of 9 Printed on 7/12/2023
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028 and Minor Use Permit (MUP) No. 22-007 is exempt pursuant to Section No. 15311 Class No. 11 (Accessory Structures) and Section No. 15332 Class No. 32 (In-Fill Development Project) of the California Environmental Quality Act (CEQA), and Section No. 3.22 of the 2019 City of Fontana Local Guidelines for Implementing the California Environmental Quality Act.

MOTION:

1. Deny Appeal No. 23-015, thereby upholding the decision of the Director of Planning, for Administrative Site Plan No. 22-028 and Minor Use Permit No. 22-007, for the request to install a new wireless telecommunications facility consisting of a 75’ mono-palm with 14 antennas, supporting equipment, and an equipment enclosure of 347 square feet total.

2. Direct staff to prepare, execute, and file a CEQA Notice of Determination and a Notice of Exemption with the County Clerk, as appropriate, within five (5) working days of the Commission’s final action on Administrative Site Plan No. 22-028 and Minor Use Permit No. 22-

07. ATTACHMENTS:

1. Uniform Appeal Letter from Appellant

2. Vicinity Map

3. Project Plans

4. Project Packet

5. Notice of Public Hearing

6. Responses from AT&T

7. Letter in Support of Original Project
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ATTACHMENT NO. 2

VICINITY MAP
DATE: July 18, 2023
CASE: Master Case No. 23-062
Appeal No. 23-015

CITY OF FONTANA PLANNING DEPARTMENT
NORTH
Project Site
2110 482
483 2111
484 2112
485 2113
486 2114
487 2115
488 2116
489 2117
490 2118
491 2119
492 2120
493 2121
494 2122
495 2123
496 2124
497 2125
498 2126
499 2127
500 2128

CITY OF FONTANA

PLANNING DEPARTMENT

APPROVED
Mai Thao 06/07/2023
Project Planner Date Case #'s MCN22-107 ASP22-028 MUP22-007 MAY 11, 2023 501 2129

CITY OF FONTANA

PLANNING DEPARTMENT

APPROVED
Mai Thao 06/07/2023
Project Planner Date Case #'s MCN22-107 ASP22-028 MUP22-007 MAY 11, 2023 502 2130

CITY OF FONTANA

PLANNING DEPARTMENT

APPROVED
Mai Thao 06/07/2023
Project Planner Date Case #'s MCN22-107 ASP22-028 MUP22-007 MAY 11, 2023 503 2131

CITY OF FONTANA

PLANNING DEPARTMENT

APPROVED
Mai Thao 06/07/2023
Project Planner Date Case #'s MCN22-107 ASP22-028 MUP22-007 MAY 11, 2023 504 2132

CITY OF FONTANA

PLANNING DEPARTMENT

APPROVED
Mai Thao 06/07/2023
Project Planner Date Case #'s MCN22-107 ASP22-028 MUP22-007 MAY 11, 2023 505 2133

CITY OF FONTANA

PLANNING DEPARTMENT

APPROVED
Mai Thao 06/07/2023
Project Planner Date Case #'s MCN22-107 ASP22-028 MUP22-007 MAY 11, 2023 506 2134

CITY OF FONTANA

PLANNING DEPARTMENT

APPROVED
Mai Thao 06/07/2023
Project Planner Date Case #'s MCN22-107 ASP22-028 MUP22-007 MAY 11, 2023 507 2135

CITY OF FONTANA

PLANNING DEPARTMENT

APPROVED
Mai Thao 06/07/2023
Project Planner Date Case #'s MCN22-107 ASP22-028 MUP22-007 MAY 11, 2023 508 2136

CITY OF FONTANA

PLANNING DEPARTMENT

APPROVED
Mai Thao 06/07/2023
Project Planner Date Case #'s MCN22-107 ASP22-028 MUP22-007 MAY 11, 2023 509 2137

CITY OF FONTANA

PLANNING DEPARTMENT

APPROVED
Mai Thao 06/07/2023
Project Planner Date Case #'s MCN22-107 ASP22-028 MUP22-007 MAY 11, 2023 510 2138

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 No. 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.

Section No. 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 Planning Department by calling (909) 350-6718. 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 PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:

Master Case No. 23-062 and Appeal No. 23-015
Review of an appeal to overturn the Director of Planning’s decision on May 11, 2023, approving Master Case No. 22-107, Administrative Site Plan No. 22-028 and Minor Use Permit No. 22- 007 for a new wireless telecommunications facility consisting of a 75’ mono-palm with 14 antennas, supporting equipment, and an equipment enclosure totaling approximately 347 square feet.

Environmental
Determination:

The installation of a new wireless telecommunications facility and ancillary equipment as described above associated with Master Case No. 22-107, Administrative Site Plan No. 22-028, and Minor Use Permit No. 22-007 is exempted pursuant to Section No. 15311 Class No. 11 (Accessory Structures) and Section No. 15332 Class No. 32 (In-Fill Development Project) of the California Environmental Quality Act (CEQA), and Section No. 3.22 of the 2019 City of Fontana Local Guidelines for Implementing the California Environmental Quality Act.

Location of
Property:
17010 Sierra Lakes
Parkway (APN:1119-
221-69)
Date of Hearing: July 18, 2023
Place of
Hearing:

City Hall Council
Chambers, 8353
Sierra Avenue
Fontana, CA 92335
Attachment No. 5
2139 511
Should you have any questions concerning this project, please contact Mai Thao, Assistant Planner, at (909) 350-6650 or by e-mail at [email protected].

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

IF YOU CHALLENGE ANY ACTION TAKEN CONCERNING THIS ITEM IN COURT, 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 PROVIDED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

Publish: July 7, 2023
Time of Hearing: 6:00 P.M.
2140 512
Aaron M. Shank
[email protected]
www.porterwright.com
Porter Wright
Morris & Arthur LLP
41 South High Street
Suites 2800-3200
Columbus, OH 43215
Direct: 614.227.2110
Fax: 614.227.2100
Main: 614.227.2000
www.porterwright.com

CHICAGO

CINCINNATI

CLEVELAND

COLUMBUS
DAYTON
NAPLES

PITTSBURGH
TAMPA

WASHINGTON, DC
June 30, 2023
City of Fontana Planning Commission
([email protected])
8353 Sierra Avenue
Fontana, CA 92335
RE: AT&T’s Response to Appeal from Approval of
Administrative Site Plan (ASP) No. 22-028; Minor Use
Permit (MUP) No. 22-007
17010 Sierra Lakes Parkway, Fontana, CA 92335
AT&T Site ID CSL02952
Dear Chair Fort, Vice Chair Sanchez, Secretary Thrasher, and Commissioners Sangha and Quintana:

I write on behalf of New Cingular Wireless PCS, LLC d/b/a AT&T Mobility (AT&T), to respectfully request the Planning Commission uphold the Planning Director’s approval of AT&T’s application to construct a stealth wireless telecommunications facility, disguised to appear as a palm tree (“Proposed Facility”) located at 17010 Sierra Lakes Parkway in the City of Fontana. The Proposed Facility is needed for AT&T to provide more robust and competitive wireless services in this portion of the city.

This carefully sited and well-designed facility will minimize visual impacts and it is the best available and least intrusive means to close AT&T’s significant service coverage gap in this area. The appeal raises a few general concerns that have been fully addressed by AT&T’s careful adherence with the city’s design and development regulations. Thus, AT&T requests the Commission deny the appeal and affirm approval of AT&T’s application for the Proposed Facility.

AT&T’s Proposed Facility
Consistent with Chapter 32 of the Fontana Municipal Code, AT&T seeks to construct the Proposed Facility as an alternative tower structure, which will be a stealth facility disguised as a palm tree. This “mono-palm” structure will be 75 feet tall, will be aesthetically and architecturally blended with the surrounding area, and will be subject to all applicable health and safety regulations as the city requires. 2141 513
City of Fontana Planning Commission
June 30, 2023

Response to Appellant’s Criticisms
The appeal raises six (6) issues, none of which support upending the Planning Department Director’s approval. AT&T responds to each of these six issues as follows:

1. Setback issue to fee simple. Appellant complains that the tower is taller than the distance from his property line. As the Planning Department found, however, AT&T’s Proposed Facility meets or exceeds all applicable City Code provisions, including in particular Chapter 32, Wireless Telecommunications Towers and Antennas. The Planning Director specifically found that “The proposed project will be built/installed pursuant to all applicable building, zoning, fire codes, and standards which will result in an appropriate, safe, and desirable development, as well as conditions of approval referenced herein.” In addition, the structural report for the tower, which will be submitted in connection with the city’s building permit process, will demonstrate the tower’s safety. Moreover, the appellant explains the tower will be located 65 feet from his property, which is even greater than the 75% of height setback applied in the more stringent conditional use process (see Fontana Code Section 32-7(b)(5)). There is, therefore, no basis to deny AT&T’s application with respect to the setback.

2. Setback issue to fully negotiated private easements. Appellant also raises a concern that the height of the tower “encroaches on several private easements.” Again, however, the Proposed Facility meets all applicable building and safety requirements, as well as design and development standards. Further, as the Planning Director found, the Proposed Facility will be compatible with the “size, shape, topography, accessibility, and other physical characteristics” of the site. This concern does not support denial.

3. High winds and liability insurance. Appellant raises a concern about the high winds in the area. Again, “The proposed project will be built/installed pursuant to all applicable building, zoning, fire codes, and standards which will result in an appropriate, safe, and desirable development, as well as conditions of approval referenced herein.” The structural report for the tower, which will be submitted in connection with the city’s building permit process, will include the effects from wind and will demonstrate the tower’s safety. Further, operating the facility will be conditioned on the City’s inspection. The appellant’s demands to be a named insured with specific benefits is not based on any city requirement and is not appropriate. These issues do not support denial.

4. Security, privacy, and safety. Appellant raises various vague concerns about wireless facilities generally, including the effects from RF emissions. AT&T submitted a Radio Frequency Theoretical Modeling Jurisdictional Report that demonstrates the Proposed Facility will comply with the Federal Communications Commission’s RF emissions regulations. As a result, the city is preempted from considering appellant’s concerns about effects of RF emissions by the federal Telecommunications Act, 47 U.S.C. § 332(c)(7)(B)(iv).

5. Unlimited future use. Appellant asks the city to give him a right to “renegotiation of all terms at any and every change of future use.” While unclear exactly what is appellant’s concern here, AT&T notes that future requests to modify the Proposed Facility or the site will be 2142 514
City of Fontana Planning Commission
June 30, 2023

22788793v1
subject to the relevant city processes at that time. There is, therefore, no need to condition approval of the Proposed Facility on potential future changes to the facility or the site.

6. Views. Finally, appellant asks to be compensated based on his unsupported statement that the Proposed Facility might cause him damages due to its appearance. But the Proposed Facility fully complies with the city’s design requirements, including its specific design as an “alternative tower structure” as explicitly contemplated and preferred by the City Code. Indeed, the Planning Director found that the design and appearance of the proposed faux palm tree is appropriate:

The project proposal in its design and appearance as a result from this review will be compatible with the site and other similarly approved wireless facilities. The wireless tower is proposed to be disguised as a mono-palm with faux fronds and a faux growth pod, which will complement the surrounding neighborhood and blend with the existing area.

The Planning Director went further to find that “The proposed project provides a safe and well-designed site that is both aesthetically and architecturally pleasing.” Whereas the Proposed Facility design is fully in line with the city’s requirements, the appellant’s request for compensation is neither supported in fact nor based on the city’s regulations.

Conclusion
AT&T is working diligently to upgrade its network to provide and improve wireless services in this area. There has been no substantial evidence proffered on which the city could deny AT&T’s application. AT&T urges the Planning Commission to deny the appeal and affirm approval of AT&T’s application.

Sincerely,
Aaron M. Shank
cc: Mai Thao, Assistant Planner ([email protected])
Patty Nevins, Planning Director ([email protected])
2143 515
RP Taft 711 LLC
1187 Coast Village Road
Ste 1, #561
Santa Barbara, CA 93108
July 5, 2023
Mai Thao
Assistant Planner - Planning
City of Fontana
8353 Sierra Ave.

Fontana, CA 92335
E-mail: [email protected]
Re: Master Case No. (MCN) 22-107; Administrative Site Plan No. (ASP)-028; Minor Use Permit No. (MUP) 22-007; New Wireless facility disguised as a mono-palm located at 17010 Sierra Lakes Parkway (APN:1119-221-69) ON APPEAL.

Dear Ms. Thao,
By way of introduction, I am the Manager and General Counsel of RP Taft 711 LLC who owns the property located at 17064 Sierra Lakes Parkway, Fontana, CA 92336. Our tenant is 7-Eleven who is anticipating opening in August. We are a neighboring landowner of the proposed project.

We enthusiastically support this project. I have reviewed the recommendation of the Planning Department Findings and Conditions of Approval and Approved Plan dated May 11, 2023.

The Planning Department has given careful and thoughtful consideration to this necessary project. These towers serve critical needs for surrounding businesses as well as residential users.

Aesthetic considerations have been well addressed consistent with other approved projects of this nature and with the surrounding neighborhood. The site is well suited for this project. Safety considerations have been fully evaluated and engineered.

We ask that this project be FULLY APPROVED.

Should have any questions please feel free to contact me.

Best Regards
Michael P. Mallery
Manager and General Counsel
RP Taft 711 LLC
[email protected]
(559) 341 4217
Delivered via e mail: [email protected]
2144 516
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2368 Agenda Date: 7/18/2023
Agenda #: DC-A Category: Director Comments
Director’s Communications: Upcoming City Council and Planning Commission memos.

City of Fontana Page 1 of 1 Printed on 7/11/2023
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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.

PUBLIC HEARINGS HAVE BEEN SCHEDULED BEFORE THE PLANNING COMMISSION AND CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:

MEETING INFORMATION: July 18, at 6:00 P.M for Planning Commission and July 25, 7:00 P.M. for City Council, at the Grover W. Taylor City Hall Council Chambers, 8353 Sierra Ave. Fontana, CA 92335.

Master Case (MCN) No. 22-118, General Plan Amendment (GPA) No. 22-010 and Zone Change Application (ZCA) No. 22-010: The City is proposing to create a new focused area in the Downtown Core (Project Area) by creating and implementing a new General Plan land use category and six new Form Based Code (FBC) districts specific to the Project Area along with a pedestrian plaza on Sierra Ave. The Project would involve amending General Plan Chapter 9, Community Mobility and Circulation, Chapter 14, Downtown Area Plan, and Chapter 15, Land Use, Zoning, and Urban Design, including establishing a new General Plan land use category, amending the General Plan Land Use Map to apply the new land use category, and amending the Zoning and Development Code, including the Zoning District Map. The proposed Project, would in part, provide increased residential development opportunities, consistent with the goals of the SB 2 Planning Grant received by the City.

Environmental
Determination:

This project has been determined to have a significant effect on the environment and a Draft Environmental Impact Report (EIR) (SCH No. 2022110624) has been prepared pursuant to Sections 15080 to 15097 and Section 15163 of the California Environmental Quality Act (CEQA).

Location of
Property:

The 478-acre site is bounded by Foothill Boulevard on the north, Randall Avenue on the south, Juniper Avenue on the west, and Mango Avenue on the east.

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/3580/Downtown-CoreProject. Should you have any questions concerning this project, please contact Alejandro Rico, Associate Planner, at (909) 350-6558. E-mail: [email protected]

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION AND CITY COUNCIL. A COPY OF THE ENVIRONMENTAL DOCUMENT 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.

Planning
Commission
Date:

Tuesday
July 18, 2023
6:00 P.M.

City Council
Date:

Tuesday
July 25, 2023
7:00 P.M.

Mango Ave
Juniper Ave
Project
Area
Randall Ave
Foothill Blvd
2148
City of Fontana
Planning Department
City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Notice of Public Hearing before the Planning Commission and City Council of the City of Fontana to the proposed project:

MEETING INFORMATION: July 18, at 6:00 P.M for Planning Commission and July 25, 7:00 P.M. for City Council, at the Grover W. Taylor City Hall Council Chambers, 8353 Sierra Ave.

Fontana, CA 92335.

PROJECT LOCATION: The 478-acre site is bounded by Foothill Boulevard on the north, Randall Avenue on the south, Juniper Avenue on the west, and Mango Avenue on the east.

CASE NUMBER(s): MCN22-118/GPA22-10/ZCA22-10, Fontana Downtown Core Project PROPOSED PROJECT: The City is proposing to create a new focused area in the Downtown Core (Project Area) by creating and implementing a new General Plan land use category and six new Form Based Code (FBC) districts specific to the Project Area along with a pedestrian plaza on Sierra Ave. The Project would involve amending General Plan Chapter 9, Community Mobility and Circulation, Chapter 14, Downtown Area Plan, and Chapter 15, Land Use, Zoning, and Urban Design, including establishing a new General Plan land use category, amending the General Plan Land Use Map to apply the new land use category, and amending the Zoning and Development Code, including the Zoning District Map. The proposed Project, would in part, provide increased residential development opportunities, consistent with the goals of the SB 2 Planning Grant received by the City.

Deliver to: <Property Owner>
Juniper
Mango Ave
Ave
Foothill Blvd
Project Area
Randall Ave

NOTICE OF PUBLIC HEARING
2149
ENVIRONMENTAL DETERMINATION: This project has been determined to have a significant effect on the environment and a Draft Environmental Impact Report (EIR) (SCH No. 2022110624) has been prepared pursuant to Sections 15080 to 15097 and Section 15163 of the California Environmental Quality Act (CEQA).

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/3580/Downtown-CoreProject. Should you have any questions concerning this project, please contact Alejandro Rico, Assoicate Planner, at (909) 350-6558.

E-mail: [email protected].

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION AND CITY COUNCIL. A COPY OF THE ENVIRONMENTAL DOCUMENT 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.

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.

SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.
2150
ATTACHMENT NO. 11
RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING, PURSUANT TO SECTIONS 15162 AND 15164 OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
AND SECTION 8.06 OF THE CITY OF FONTANA’S 2019 LOCAL CEQA

GUIDELINES AN ADDENDUM TO THE SOUTHRIDGE VILLAGE SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT NO. 81-3 (STATE
CLEARINGHOUSE [SCH] NO. 81052210), GENERAL PLAN AMENDMENT NO. 22-008 (PART NO. 2 OF GENERAL PLAN AMENDMENT CYCLE NO. 3 OF 2023) AMENDING THE GENERAL PLAN LAND USE DESIGNATION ON APPROXIMATELY 58 ADJUSTED GROSS ACRES FOR (APNS: 0237- 411-13, -14, AND -27, 0237-201-27, 0237-441-01 THROUGH -19), FOR SITE NO. 1 FROM RECREATIONAL FACILITIES (P-R) TO MEDIUM DENSITY RESIDENTIAL (R-M), SITE NO. 2 FROM OPEN SPACE (OS) TO MEDIUM DENSITY RESIDENTIAL (R-M), SITE NO. 3 FROM OS TO GENERAL COMMERCIAL (C-G), SITE NO. 4 FROM C-G TO PUBLIC FACILITIES (PPF), AND SITE NO. 5 FROM OS TO RESIDENTIAL PLANNED COMMUNITY (R-PC), AND APPROVING SPECIFIC PLAN AMENDMENT NO. 22-004 TO AMEND PLANNING AREA 56 FROM BIRD FARM (BF) AND PLANNING AREA 66A FROM QUARRY (Q) TO ENTRY ESTATES/DUPLEX, WHICH IS

A MEDIUM DENSITY RESIDENTIAL LAND USE CATEGORY WITH A
MAXIMUM DENSITY OF 8 DWELLING UNITS PER ACRE, TENTATIVE PARCEL MAP NO. 20565 (TPM NO. 22-018) TO SUBDIVIDE TWO

EXISTING PARCELS INTO FOUR PARCELS, TENTATIVE TRACT MAP NO. 20568 (TTM NO. 22-007) TO DIVIDE ONE EXISTING LOT INTO 255 LOTS FOR CONDOMINIUM PURPOSE AND DESIGN REVIEW NO. 22-043 AND ADMINISTRATIVE SITE PLAN REVIEW NO. 23-014 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 SITE WITHIN A 37.32-

ACRE SITE AND ASSOCIATED ON-SITE AND OFF-SITE
IMPROVEMENTS.

WHEREAS, the City of Fontana General Plan was adopted by the City Council on November 13, 2018 and the City of Fontana Housing Element was adopted by the City Council on February 8, 2022; and
WHEREAS, on July 5, 2022, the applicant, NH Southridge LLC, submitted a request for a General Plan Amendment No. 22-008 to change the land use designation for the following five sites that a part of the Southridge Village Specific Plan; Site No. 1 from Recreational Facilities (P-R) to Medium Residential (R-M), Site No. 2 from Open Space (OS) to Medium Density Residential (R-M), Site No. 3 from OS to General Commercial (C-G), Site No. 4 from C-G to Public Facilities (P-PF), and Site No. 5 from OS to Residential Planned Community (R-PC) on approximately 58 adjusted gross acres (APNs: 0237-411-13, -14, and -27, 0237-201-27, 0237-441-01 through -19) as shown on Exhibit “A” (Attached hereto as Exhibit “A” and incorporated herein by this reference); 2151
Resolution No. 2023-_____

to amend Specific Plan Amendment No. 22-004 for Planning Area 56 from Bird Farm (BF) and Planning Area 66A from Quarry (Q) to Entry Estates/Duplex (Medium Density Residential) land use category; to modify Tentative Parcel Map No. 20565 (TPM No. 22- 018) to divide the two existing parcels into four parcels; to modify Tentative Tract Map No. 20568 (TTM No. 22-007) to divide one lot into 255 lots for condominium purpose, and Administrative Site Plan No. 23-014, to construct a future public park, and Design Review No. 22-043 for the development of 255 condominium units (consisting of 147 detached Cluster Homes units and 108 detached Stub Drive units), with various amenities and a public park within a 37.32 acre site and associated on-site and off-site improvements; and WHEREAS, the residential development site includes two parcels that was annexed from San Bernardino County into the City of Fontana on January 17, 1970; and WHEREAS, pursuant to Section 5.11 (Amendment Procedures) of the Southridge Village Specific Plan, the City Council can adopt a resolution to approve a specific plan amendment; and
WHEREAS, all notices as required by statute and the Fontana City Code have been given as required; and
WHEREAS, on June 20, 2023, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties, at the Public Hearing held on The Height at Southridge Project (State Clearinghouse No. 81052210), 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), Administrative Site Plan No. 23-014, and Design Review No. 22-043, and recommended the aforementioned to the City Council by Resolution No. 2023-026 for approval; and
WHEREAS, on July 25, 2023, the City Council conducted a noticed public hearing on 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), Administrative Site Plan No. 23-014, and Design Review No. 22-043, and received testimony from all parties, including the staff report, as well as testimony from the project applicant and others; and
WHEREAS, based on the information presented to the City Council at the public hearing held for 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), Administrative Site Plan No. 23-014, and Design Review No. 22-043, the testimony received, and staff report, the City Council found that the proposed amendment and project is in conformance with the goals and policies of the General Plan as referred herein; and
WHEREAS, pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines an Addendum to the Southridge Village Specific Plan Environmental 2152
Resolution No. 2023-_____

Impact Report No. 81-3 (State Clearinghouse [SCH] No. 81052210) has been prepared for 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), and Design Review No. 22-043. (“Proposed Project”). The aforementioned EIR was adopted by the City Council in December 1981 and it anticipated the development of residential units from the proposed project. No new additional impacts beyond what was anticipated in the EIR were identified in the Addendum. t. Based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document haves been met and that further environmental analysis is not required. A Notice of Determination has been prepared; and,
WHEREAS pursuant to Government Code Section 65358 on July 25, 2023 the City Council adopted one General Plan Amendment in the following three parts; MCN No. 22- 118 (Downtown Core), MCN No. 22-084 (The Heights at Southridge Project), MCN No. 22-053 (Citrus/Oleander Industrial Commerce Center Project); and, WHEREAS, the residential project site is located within the Fire Hazard Overlay District, therefore, all the requirements of Section 30-656 (Fire Hazard Overlay District) shall apply to the residential development (Condominium Complex), public park, and trail project. The project site will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein; and, WHEREAS, the City of Fontana wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning.

NOW, THEREFORE, the City Council RESOLVES as follows:

SECTION 1. Recitals. The recitals are true and correct and incorporated herein by this reference.

SECTION 2. CEQA. Consistent with the California Environmental Quality Act (CEQA) (Pub. Resources Code § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the Heights at Southridge Addendum to the Environmental Impact Report (“EIR”) (State Clearinghouse No. 81052210) was prepared for development, including the General Plan Amendment, Specific Plan Amendment, Administrative Site Plan, Design Review, and Tentative Vesting Map. The City Council finds that the Addendum and Southridge Village Specific Plan FEIR contain a complete and accurate reporting of all of the environmental impacts associated with the Proposed Project. The City Council further finds that the Addendum have been completed in compliance with the State CEQA Guidelines and Section 6.21 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.
2153
Resolution No. 2023-_____

SECTION 3. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report. Based on the substantial evidence set forth in the record, including but not limited to, the Southridge Village Specific Plan FEIR, the Addendum, and all related information presented to the City Council, the City Council finds that the Proposed Project necessitate only minor modifications to the Southridge Village Specific Plan FEIR. Therefore, pursuant to State CEQA section 15164 and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, an Addendum to the Southridge Village Specific Plan FEIR is the appropriate document for the Proposed Project.

SECTION 4. Findings on Environmental Impacts. Having considered the Addendum, the administrative record, the Southridge Village Specific Plan FEIR and all written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the Proposed Project have been addressed within the Southridge Village Specific Plan FEIR and the Addendum. The City Council finds that no new or additional mitigation measures or alternatives are required. The City Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Proposed Project may result in any significant environmental impacts beyond those analyzed in the Southridge Village Specific Plan FEIR. The City Council finds that the Addendum contains a complete, objective, and accurate reporting of the environmental impacts associated with the Proposed Projects and reflects the independent judgment and analysis of the City Council.

SECTION 5. Adoption of the Addendum to the Southridge Village Specific Plan FEIR. The City Council hereby adopts the Addendum to the EIR for the Southridge Village Specific Plan Final Environmental Impact Report (FEIR) (SCH No. 81052210) and Mitigation, Monitoring, and Reporting Program (MMRP) that have been prepared pursuant State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.

SECTION 6. General Plan Amendment Findings. The City of Fontana City Council hereby makes the following findings for General Plan Amendment No. 22-008 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:

Finding: The purpose and intent is to keep an updated General Plan to reflect the current desires and needs of the citizens for the longterm growth of the City.

Findings of Fact: The project site currently has a general plan land use designation for Site No. 1 Recreational Facilities (P-R), Site No. 2 Open Space (OS), Site No. 3 of OS, Site No. 4 of General Commercial, and Site No. 5 of OS.

The applicant has applied for a General Plan Amendment to amend the aforementioned portions of the general plan land use designation 2154
Resolution No. 2023-_____

for the project site and clean up some inconsistencies between the General Plan and Specific Plan. Specifically, the following sites will reflect the respective designations: Site No. 1—Medium Density Residential (R-M), Site No. 2—Medium Density Residential (R-M), Site No. 3—General Commercial (C-G), Site No. 4—Public Facilities (P-PF), and Site No. 5—Residential Planned Community (R-PC), to be consistent with the Planning Areas of the Specific Plan and General Plan. Currently, residents of Fontana and the Inland Empire are facing a housing shortage. The reclassification of these sites will allow future residents and consumers the opportunity to purchase high quality residential units and architecture, amenities and landscaping.

SECTION 7. Specific Plan Amendment Findings. The City of Fontana City Council hereby makes the following findings for Specific Plan Amendment No. 22-004 in accordance with Section 5.11.3 “Findings and Conditions; use of” of the Southridge Village Specific Plan:

Finding No. 1: Ensure development consistent with the General Plan and integral elements
Findings of Fact: The General Plan Amendment amends portions of the general plan land use designation for the project site to facilitate additional residential sites within the Specific Plan. Specifically, the following sites will reflect the respective designations: Site No. 1—Medium Density Residential (R-M), Site No. 2—Medium Density Residential (R-M), Site No. 3—General Commercial (C-G), Site No. 4—Public Facilities (P-PF), and Site No. 5—Residential Planned Community (R-PC), to be consistent with the Planning Areas of the Specific Plan and General Plan.

Finding No. 2: Maintain maximum development flexibility while insuring quality.

Findings of Facts: The applicant is constructing 255 condominium units including an open lawn area, pool and spa, picnic areas, paseos, tricycle track, seating areas, tot-lots, barbecue islands and other amenities located within the project site. The development will maintain the maximum development flexibility while ensuring an attractive development with quality Spanish, Craftsman, and Italianate architecture, vast landscaping, ample amenities for residents, housing needs and pedestrian trails to promote walkability.

Finding No. 3: Ensure development that does not exceed the City’s ability to provide essential urban services.
2155
Resolution No. 2023-_____

Findings of Facts: The site improvements have been reviewed by the Fire, Engineering and Police Departments. Improvements with the project include street widening, sidewalks, curb and gutter, drainage, and grading.

Additionally, the proposed improvements will be sufficient to accommodate the project and will include improvements along the street frontage along Live Oak Avenue and Village Drive. Therefore, the development will not exceed the City’s ability to provide essential urban services.

Finding No. 4: Maintain well-articulated land use and circulation relationships through sound planning application.

Findings of Facts: The Engineering and Fire Department have approved the circulation and determined that the development will maintain adequate circulation for all vehicles entering and exiting the project site.

Findings No. 5: Facilitate the provision and appropriate location of community facilities, services and utilities.

Findings of Fact: The applicant’s improvements include streets, sidewalks, drainage, and grading. The applicant is building a public park that will be donated to the City. Therefore, the applicant is providing adequate community facilities for the surrounding community.

Finding No. 6: Ensure aesthetic and quality control through adequate consideration of design in the development review process.

Findings of Facts: The architectural theme for the condominium units is described as Spanish, Craftsman, and Italianate. Each style will reflect light earth tone warm-colors (i.e. brown, tan, beige, etc.). There are nine (9) color schemes provided for the project. Architectural relief utilized for the proposed homes consists of stone veneer, decorative window treatments, varied roof lines, architectural “pop-outs,” banding, porches, and other features appropriate to each theme. The use of a variety of colors and decorative shutters of a contrasting color will further add architectural diversity to each plan. All units are designed with concrete tile roofing material coordinated to match the color scheme of each elevation. This project meets the criteria contained in the design review section of the Fontana Municipal Code. The project has high quality architectural design, appropriate screening from the public right-of-way and will be an appropriate and desirable development.

Finding No. 7: Ensure suitable consideration and protection of the community’s natural environment during the development
review process.
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Findings of Facts: The condominium units will be compliant with all applicable building codes and fire codes; as well as with the Conditions of Approval attached hereto and the Mitigation Measures as identified in the Addendum to the EIR.

Finding No. 8: Provide assurance to developers that innovative and unique land development techniques will be given reasonable
consideration for approval.

Findings of Facts: The condominium units will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. The project will provide residents an opportunity for a unique and modern living environment. The project encompasses an open lawn area, pool and spa, picnic areas, paseos, tricycle track, seating areas, tot-lots, barbecue islands and other amenities located within the project site. The development is also consistent with the vision of the General Plan and therefore shall promote the public health, safety and welfare of the surrounding community.

Finding No. 9: Ensure that plans developed under this section will be implemented in a timely manner.

Findings of Facts: The condominium units will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. Staff will ensure that the plans developed for this project will be implemented in a timely manner throughout the building permit process.

Finding No. 10: Ensure that the urban form and character envisioned at the time of approval is attained upon development. A) Consistency with Fontana’s General Plan goals, objectives and policies. B) Findings required per CEQA or City Environmental Guidelines Findings of Facts: Staff will ensure that the urban form and character envisioned at the time of approval is attained upon development. The project complies with the City of Fontana’s General Plan and the Southridge Village Specific Plan Amendment. The development is consistent with the vision of the General Plan and therefore shall promote the public health, safety and welfare of the surrounding community. The applicant prepared an Addendum to the previously approved EIR.

The Addendum identifies that no new or additional mitigation measures or alternatives are required and further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Proposed Project may result in any significant 2157
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environmental impacts beyond those analyzed in the Southridge Village Specific Plan FEIR.

SECTION 8. Tentative Parcel Map Findings. The City of Fontana City Council hereby makes the following findings for the Tentative Parcel Map No. 20565 (TPM No. 22-018) in accordance with Section 26-218 of the Fontana Development Code:

Finding No. 1: The proposed parcel map is consistent with the City’s General Plan and any applicable Specific Plan.

Finding of Fact: Tentative Parcel Map No. 20565 is consistent with the General Plan Land Use Designation for the project site of Medium Density Residential (R-M), Public Facilities (P-PF), General Commercial (CG), and Residential Planned Community (R-PC). The Public Facilities, Medium Density Residential, General Commercial designation are intended for residential, parks, general retail uses, food services, business and professional offices, and related services establishments. The development of the condominium complex, trail, and new park is consistent with the General Plan Land Use Designation of Medium Density Residential (R-M), Public Facilities (P-PF), General Commercial (C-G), and Residential Planned Community (R-PC). The tentative parcel map reconfigures two (2) parcels into three (3) parcels for the development of a residential condominium complex, the trail, and the construction of a new public park. The uses are consistent with the General Plan Land Use Designation.

Finding No. 2: The design and improvements of the proposed tentative parcel map is consistent with the General Plan and any applicable Specific Plan.

Finding of Fact: The design of the parcel map is consistent with the General Plan Amendment. The lot width is approximately 1,486 feet and has an approximate lot depth of 872 feet and street configuration conform to the requirements of the Circulation Master Plan, Subdivisions (Chapter No. 26), Southridge Village Specific Plan, and the Zoning and Development Code (Chapter No. 30). The parcel map
reconfigures two parcels into three (3) parcels to accommodate public park, public trail, and the condominium development. The Park will have one point access along Village Drive, the trail will have two points of access one from the future public park and the second from Old Live Oak Avenue, and the condominium development will have two points of access, one from Live Oak Avenue and the other from Old Live Oak Avenue.
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Finding No. 3: The site is physically suitable for the type and density of development proposed.

Finding of Fact: The project site of approximately 37.3 adjusted gross acres, is adequate in size to accommodate the development. The lot size, lot width, and lot depth are consistent with other public facilities and residential developments within the surrounding area. The public park will have one point access along Village Drive, the trail will have two points of access one from the future public park and the second from Old Live Oak Avenue, and the condominium development will have two points of access, one from Live Oak Avenue and the other from the Old Live Oak Avenue. The lot size is consistent with surrounding commercial developments.

Finding No. 4: The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat.

Finding of Fact: The design of the parcel map is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An addendum to the Southridge Village EIR was completed to identify environmental impacts and mitigation measures are included to make any impacts less than significant.

The addendum to the EIR is included as part of the staff report.

Finding No. 5: The design of the subdivision or type of improvements will not cause serious public health problems.

Finding of Fact: The combining of two parcels into three (3) parcels will not cause health problems. The development complies with the Fontana City Codes and the General Plan. Improvements include streets, sidewalks, drainage, and grading to provide a safe and welldesigned project for the area. Therefore, the project shall promote the public health, safety, and welfare of the surrounding community.

Finding No. 6: The design of the subdivision or the types of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed
subdivision. The planning commission may approve a map if it finds that alternative easements, for access or for use, will be provided, and that these will be substantially equivalent to easements previously acquired by the public.

Finding of Fact: The design and improvements of Tentative Parcel Map No. 20565 will not conflict with access easements acquired by the public. The lots are accessed from Live Oak Avenue, which is publicly 2159
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maintained street and Old Live Oak Avenue which is maintained by the City. Currently there are no other public access easements through or within the proposed project site.

Finding No. 7: The proposed subdivision is consistent with local ordinances certified by the State Board of Forestry and Fire Protection as meeting or exceeding the state regulations.

Findings of Fact: This site has been identified in the City adopted ordinance (Ordinance 2015-083) as part of the fire hazard overlay district (FHOD). Therefore, all the requirements of Section. 30-656 – (Fire Hazard Overlay District Regulations) apply. The project was reviewed by the Fontana Fire District and Building & Safety and the appropriate conditions have been placed on the project to have fire protection and suppression services. The site will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein.

Finding No. 8: The proposed project will have fire protection and suppression services available for the subdivision through the City.

Findings of Fact: The site will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. The project was reviewed by the Fontana Fire District and Building & Safety and the appropriate conditions have been placed on the project so the project will have fire protection and suppression services through the City. All requirements of Section. 30-656 – (Fire Hazard Overlay District Regulations) shall also apply.

SECTION 9. Tentative Tract Map Findings. The City of Fontana City Council hereby makes the following findings for Tentative Tract Map No. 20568 (TTM No. 22-007) in accordance with Section 26-55 (e) “Findings for approval of tentative tract map” of the Fontana Subdivision Code:

Finding No. 1: The proposed map is consistent with the City’s General Plan.

Findings of Fact: Tentative Tract Map 20568 to subdivide one existing parcel to develop a total of 255 detached condominium units on approximately

32.17 adjusted gross acres. The Medium Density Residential (R-M) land use designation in the General Plan allows for the development.

After the General Plan Amendment and Specific Plan Amendment, the tentative tract map will comply with the City of Fontana’s Municipal Code, the Subdivision Sections of the Code (Chapter 26), Southridge Village Specific Plan and Zoning and Development Code (Chapter 30). The tentative tract map is compatible with the 2160
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surrounding residential land uses. The project site has a General Plan Land Use designation of Bird Farm and Quarry. Therefore, applicant is amending the General Plan to Medium Density Residential (R-M), so it can be consistent with the development. The R-M Land Use designation allows a density of up to 8.0 dwelling units per acre for single-family (condominium) development project. The project has a density of 7.9 dwelling units per acre which is below the maximum 8.0 units per acre density allowed in the R-M for the land use designation per the General Plan. Therefore, the Tentative Tract Map 20568 is consistent with the City’s General Plan. Additionally, new utilities will be installed, and the street meets the minimum width requirement of a short local street identified within the General Plan.

Finding No. 2: The design and improvements of the proposed subdivision are consistent with the General Plan.

Findings of Fact: The design of the subdivision is consistent with the General Plan.

Street improvements including curb, gutter, and sidewalks conform to the requirements of the General Plan, Subdivisions (Chapter 26), the Southridge Village Specific Plan development standards, and the Zoning and Development Code (Chapter 30). This project is required to connect to the City’s sewer system. Additionally, the project has been reviewed by the Engineering Department and San Bernardino County Fire Department for safety and access.

Finding No. 3: The site is physically suitable for the type and density of development proposed.

Findings of Fact: The project site, shape, and topography are suitable for the subdivision. The project site is approximately 32.17 gross acres and will accommodate the 255 condominium single-family residential homes which included curb, gutter, and sidewalks. The R-M Land Use designation allows a density of up to 8.0 dwelling units per acre.

The project has a density of 7.9 dwelling unit per acre which is below the maximum 8.0 units per acre density allowed in the Southridge Village Medium Density Residential zoning district for detached single-family residential projects.

Finding No. 4: The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat.

Findings of Fact: The design of the subdivision and improvements complies with the City of Fontana’s Municipal Code requirements, Specific Plan development standards, and Conditions of Approval and will not 2161
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have any impact on the environment or substantially and avoidably injure fish, wildlife, or their habitat. Moreover, the site is not located within the boundaries of the potential sensitive habitats and the site is completely surrounded by development. Additionally, an addendum to the Southridge Village Specific Plan EIR as referenced herein was completed for the proposed project and no impact was found to be significant and unavoidable.

Finding No. 5: The design of the subdivision or type of improvements will not cause serious public health problems.

Findings of Fact: The design of the subdivision complies with the City of Fontana’s Municipal Code requirements, Southridge Village Specific Plan development standards, and the improvements associated with the subdivision such as street, curb, gutter, sidewalk are required to be constructed and have been designed pursuant to the Zoning and Development Code and the Engineering Department requirements.

Additional improvements such as water and sewer connection will be built pursuant to applicable building, zoning, and fire code standards.

Therefore, the project will promote the public health, safety, and welfare of the surrounding community and will not cause public health problems.

Finding No. 6: The design of the subdivision or the types of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed
subdivision.

Findings of Fact: The design of the subdivision and improvements will not conflict with any access easements acquired by the public. The proposed subdivision will have adequate access from Live Oak Avenue.

Currently there are no other existing public access easements through or within the proposed subdivision boundaries. The lots are accessed from Live Oak Avenue, which is publicly maintained street and Old Live Oak Avenue which is maintained by the City.

Finding No. 7: The proposed subdivision is consistent with local ordinances certified by the State Board of Forestry and Fire Protection as meeting or exceeding the state regulations.

Findings of Fact: The proposed project is not located in the area identified in the State Cal-Fire very high fire hazard severity zone, however, this site has been identified in the local City adopted ordinance (Ordinance 2015- 083) as part of the fire hazard overlay district (FHOD). The site will be built pursuant to all applicable building and fire codes standards, 2162
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in addition to the Conditions of Approval as referenced herein. All requirements of Section. 30-656 – (Fire Hazard Overlay District Regulations) shall apply. The project was reviewed by the Fontana Fire District and Building & Safety and the appropriate conditions have been placed on the project to have fire protection and suppression services. The site will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein.

Finding No. 8: The proposed project will have fire protection and suppression services available for the subdivision through the City.

Findings of Fact: The site will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. The project was reviewed by the Fontana Fire District and Building & Safety and the appropriate conditions have been placed on the project so the project will have fire protection and suppression services through the City. All requirements of Section. 30-656. – (Fire Hazard Overlay District Regulations) also apply.

SECTION 10. Administrative Site Plan - Major Findings The City of Fontana City Council hereby makes the following findings for Administrative Site Plan No. 23-014 in accordance with Section 30-81 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: This proposal is consistent with the General Plan, Zoning and Development Code and any applicable Specific Plan or area plan.

Findings of Fact: The project is for the construction of a future park comprised of parking, three (3) pickleball court, covered benches, two (2) shade structures, concrete walking trails, open lawn area, lighting, fencing, benches, and waste receptacles. Improvements for the project also includes lighting, sidewalks, grading, and planting of additional trees and landscaping to provide a safe and well-designed park. The park will be an additional park to the existing Southridge Park. The project will benefit the surrounding neighborhood.

The General Plan designation of the site is Open Space (O-S) and Southridge Village Specific Plan designates this site as Quarry, which are areas that permit public parks as a permitted use. This project is consistent with the land use designations and also design standards/requirements listed in both the General Plan and Zoning and Development Code.

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Finding No. 2: This proposal meets or exceeds the criteria contained in Section 30-81 and will result in an appropriate, safe and desirable development promoting the public, health, safety, and welfare of the community.

Findings of Fact: The project is for the development of a future park, which is comprised of a 1.7-acre portion of a 37.2-acre site that includes parking, three (3) pickleball court, covered benches, two (2) shade structures, concrete walking trails, open lawn area, lighting, fencing, benches, and waste receptacles. Improvements for the project also include lighting, sidewalks, grading, and planting of additional trees to provide a safe and well-designed park. Furthermore, the project complies with the standards Fontana Zoning and Development Code and Southridge Village Specific Plan along with other federal, state and county laws. The development is also consistent with the vision of the General Plan and therefore shall promote the public health, safety and welfare of the surrounding community.

Finding No. 3: The proposal in its design and appearance is aesthetically and architecturally pleasing while enhancing the character of the surrounding neighborhood.

Findings of Fact: The project site is in an area developed with a combination of residential, commercial, park and uses. The project has been designed to be compatible with the surrounding area and serves to provide additional park facilities to the residential area in the southern part of the City. In addition, the development has been designed with features such as pickleball courts, shade structures, walking paths, fencing and planting of additional landscaping and trees that enhances the character of the surrounding neighborhood. Therefore, the project site will have a design and appearance that is aesthetically and architecturally pleasing while enhancing the character of the surrounding neighborhood.

Finding No. 4: The site improvements are appropriate and will result in a safe, well designed facility.

Findings of Fact: The site improvements have been reviewed by the Fire, Engineering and Police Departments. During the project review process, changes were made to the plans to ensure that the project is well-designed.

Improvements with the project include street widening, sidewalks, curb and gutter, drainage, and grading. Additionally, the improvements will be sufficient to accommodate the project and will include improvements along the street frontage along Live Oak Avenue and Village Drive. Street lighting and on-site lighting have been included to provide ample visibility at night. Landscaping has 2164
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been incorporated to create an attractive atmosphere along adjacent parcels.

SECTION 11. Design Review Findings. The City of Fontana City Council hereby makes the following findings for Design Review No. 22-043 in accordance with Section 30-120 “Findings for approval” of the Fontana Zoning and Development Code:

Finding No. 1: This proposal is consistent with the General Plan, Zoning and Development Code and any applicable Specific Plan.

The project complies with the City of Fontana’s General Plan and the Southridge Village Specific Plan Amendment. The site is compatible with the surrounding residential land uses to be developed in the future. Based on the General Plan Amendment, the project is consistent with the General Plan Land Use designation for the project site. The project site has a General Plan Land Use designation of Open Space (OS) and Recreational Facilities (P-R); however, it will be amended to Medium Density Residential (R-MF). The R-MF Land Use designation allows a density of up to 12 dwelling units per acre for detached single-family unit project. The project has a density of

7.9 dwelling units per acre which is below the maximum 8.0 units per acre density allowed in the R-MF for the land use designation per the General Plan. The project includes a Specific Plan Amendment that will make the development consistent with the General Plan.

Therefore, the Tentative Tract Map No. 20568 is consistent with the City’s General Plan, Specific Plan Amendment, and Zoning and Development Code. Additionally, new utilities will be installed, and the street meets the minimum width requirement of a short local street identified within the General Plan.

Finding No. 2: This proposal meets or exceeds the criteria contained in Chapter 30 and will result in an appropriate, safe and desirable development promoting the public, health, safety, and welfare of the community.

Findings of Fact: The applicant is constructing 255 condominium units including an open lawn area, pool and spa, picnic areas, paseos, tricycle track, seating areas, tot-lots, barbecue islands and other amenities located within the project site.

The project has been designed in keeping with City of Fontana’s Crime Prevention Through Environmental Design (CPTED). The development has incorporated enhanced natural surveillance and reduced unwanted ‘dead zones’ within the project by moving certain 2165
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lawn areas, buildings and parking areas to deter places where potential loitering or other actions could occur. Furthermore, all of the units have an applicable number of windows on various locations that will ultimately provide natural surveillance to the site. Lighting has also been strategically located on the site for added security for residents.

The architectural theme for the condominium units is described as Spanish, Craftsman, and Italianate. Each style will reflect light earth tone warm-colors (i.e. brown, tan, beige, etc.). There are nine (9) color schemes provided for the project. Architectural relief utilized for the proposed homes consists of stone veneer, decorative window treatments, varied roof lines, architectural “pop-outs,” banding, porches, and other features appropriate to each theme. The use of a variety of colors and decorative shutters of a contrasting color will further add architectural diversity to each plan. All units are designed with concrete tile roofing material coordinated to match the color scheme of each elevation. Additionally, elevations facing the drive aisles will also have attractive features adding to the street aesthetics. As described this project meets the criteria contained in the design review section of the Fontana Municipal Code. The project has high quality architectural design, appropriate screening from the public right-of-way and will be an appropriate and desirable development.

The condominium units will be built pursuant to all applicable building and fire codes standards, in addition to the Conditions of Approval as referenced herein. The project will provide residents an opportunity for a unique and modern living environment. The development is also consistent with the vision of the General Plan and shall promote the public health, safety and welfare of the surrounding community.

Finding No. 3: The proposal in its design and appearance is aesthetically and architecturally pleasing while enhancing the character of the surrounding neighborhood.

Findings of Fact: The project has been designed to enhance and compliment the surrounding neighborhood. The architectural theme for the condominium units is described as Spanish, Craftsman, and Italianate. Each style will reflect light earth tone warm-colors (i.e. brown, tan, beige, etc.). There are nine (9) color schemes provided for the project. Architectural relief utilized for the homes consists of stone veneer, decorative window treatments, varied roof lines, architectural “pop-outs,” porches, and other features appropriate to each theme. The use of a variety of colors and decorative shutters 2166
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of a contrasting color will further add architectural diversity to each plan. All units are designed with concrete tile roofing material coordinated to match the color scheme of each elevation.

Additionally, elevations facing the drive aisles will also have attractive features adding to the street aesthetics.

Finding No. 4: The site improvements (building, parking, circulation, site and building lighting, and on-site landscaping) are appropriate and will result in a safe, well designed facility.

Findings of Fact: The site improvements have been reviewed by the Fire, Engineering and Police Departments. During the project review process, changes were made to the plans to ensure that the project is a well-designed project. Improvements with the project include street widening, sidewalks, curb and gutter, drainage, and grading. Additionally, the improvements will be sufficient to accommodate the project and will include improvements along the street frontage along Live Oak Avenue and Village Drive. Street lighting and on-site lighting have been included to provide ample visibility at night. Landscaping has been incorporated to create an attractive atmosphere along adjacent parcels.

SECTION 12. General Plan Amendment Approval. Based on the findings in Section 6, the City Council of the City of Fontana hereby approves General Plan Amendment No. 22-008 to change the land use designation for the following five sites:

Site No. 1 from Recreational Facilities (P-R) to Medium Density Residential (R-M), Site No. 2 from Open Space (OS) to Medium Density Residential (R-M), Site No. 3 from OS to General Commercial (C-G), Site No. 4 from C-G to Public Facilities (P-PF), and Site No. 5 from OS to Residential Planned Community (R-PC) on approximately 58.0 adjusted gross acres of 18 parcels (APNs) 0237-411-13, -14, and -27, 0237-201-27, 0237-441-01 through -19), as shown as Exhibit “A” attached hereto and incorporated herein by reference as fully set forth herein.

SECTION 13. Tentative Parcel Map and Tentative Tract Map Approval. Based on the findings in Section 8 and 9 the City Council of the City of Fontana hereby approves Tentative Parcel Map No. 20565 that will be used to subdivide the two parcels into four parcels that will include the new park, public trail, and the residential parcel for the development. Tentative Tract Map No. 20568 will subdivide the project site for condominium purposes subject to the Conditions of Approval, that are attached hereto as Exhibit “C AND D” and incorporated herein by reference as though fully set forth herein.

SECTION 14. Administrative Site Plan and Design Review Approval. Based on the findings in Section 10 and 11, the City Council of the City of Fontana hereby approves Administrative Site Plan No. 23-014 and Design Review No. 22-043, for site and architectural review to develop 255 condominium units, various of amenities, and a public 2167
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park subject to the Conditions of Approval, which are attached hereto as Exhibit “D AND F” and incorporated herein by reference as though fully set forth herein.

SECTION 15. Effective Date. This Resolution shall take effect thirty (30) days after the adoption of the City Council Resolution adopting Specific Plan Amendment No. 22-004, whichever is adopted later, provided however, if either of those Ordinances are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect.

SECTION 16. Resolution Regarding Custodian of Record. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335.

This information is provided in compliance with Public Resources Code section 21081.6.

SECTION 17. 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.

APPROVED AND ADOPTED this 25th day of July 2023.

READ AND APPROVED AS TO LEGAL FORM:
_____________________
City Attorney
ATTEST:

I, Germaine Key, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on the 25th day of July 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana

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Mayor of the City of Fontana
ATTEST:
______________________________________
City Clerk
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Exhibit “A”
EXISTING GENERAL PLAN LAND USE DESIGNATION –
SITE NO. 1 - RECREATIONAL FACILITIES (P-R), SITE NO. 2 FROM OPEN SPACE (OS), SITE NO. 3 FROM OS, SITE NO. 4 FROM GENERAL COMMERCIAL C-G TO, AND SITE NO. 5 OPEN SPACE
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PROPOSED GENERAL PLAN LAND USE DESIGNATION –
SITE NO. 1 MEDIUM RESIDENTIAL (R-M), SITE NO. 2 TO MEDIUM DENSITY RESIDENTIAL (R-M), SITE NO. 3 GENERAL COMMERCIAL (C-G), SITE NO. 4 TO PUBLIC FACILITIES (P-PF), AND SITE NO. 5 RESIDENTIAL PLANNED COMMUNITY (R-PC).
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Exhibit “B”

EXISTING AND PROPOSED SPECIFIC PLAN AMENDMENT MAPS, PROPOSED

DEVELOPMENT STANDARDS, AND PLANNING AREAS SUMMARY SHEET 2172
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Exhibit “C”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. 22-084 DATE: July 25, 2023
Tentative Parcel Map No. 20565
(TTM No. 22-018)
LOCATION: The project site is located on the south side of Village Drive and east of Live Oak Avenue (APNs: 0237-411-13, -14, and -27, 0237-201-27, 0237-441-01 through -19)
PLANNING DEPARTMENT:

1. The rights and privileges granted by this project shall not become effective, nor shall the applicant commence the use for which this project is granted, until both of the following have occurred:
a. All requirements of the Fontana City’s Municipal Code shall be complied with.
b. All Conditions of Approval imposed on this project have been fulfilled.

2. The applicant shall defend, indemnify, and hold harmless the City of Fontana or its agents, officers, and employees from any claim, action or proceeding against the City of Fontana or its agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission and/or City Council concerning this subdivision, which action is brought within the time period provided for in Government Code Section 66499.37. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, 2182
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variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third-party action or proceeding, the City shall have the right to retain its own separate legal counsel to defend the interests of the City. The applicant shall be responsible for reimbursing the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval.

Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

3. This tentative parcel map shall comply with all applicable development standards of Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development) of the Municipal Codes of the City of Fontana, and the Subdivision Map Act.

4. If applicable, the applicant shall underground all utilities, which for the purpose of this condition shall also include all boxes, structures and/or other equipment located in the public right-of-way, any public utility easement(s) and on any private property, to the satisfaction of the Director of Planning. A note to this effect shall be placed on the map prior to recordation of the final map.

5. The applicant/developer shall comply with the mitigation measures identified in the Addendum to the Final Environmental Impact Report (FEIR), and Mitigation Monitoring and Reporting Program (MMRP) as approved by the Planning Commission.

6. This tentative parcel map shall become null and void two (2) years from the date of approval subject to discretionary extensions..

7. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s 2183
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decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections 30-30 and 30-31 of the Municipal Code.

ENGINEERING:

8. The Applicant shall record a Parcel Map as required for the development.

PRIOR TO MAP RECORDATION

9. Either have all interior monuments, boundary monuments, and centerline survey monuments set or post security to guarantee the proper setting of the monuments in an amount based on the City’s Engineering Cost Estimate. Monumentation Inspection fees shall also be paid.

PRIOR TO THE RELEASE OF THE SECURITY

10. The Applicant/Engineer shall provide centerline ties to the City of Fontana reflecting proper setting of all survey monuments within the project limits and replace any existing survey monuments damaged or removed during construction.

11. The Applicant/Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.

BUILDING & SAFETY DIVISION:

12. The Tentative Parcel Map shall record prior to the issuance of any permits.

END OF CONDITIONS
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Exhibit “D”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. 22-084 DATE: July 25, 2022
Tentative Tract Map No. 20568
(TTM No. 22-007)
LOCATION: The project site is located on the south side of Village Drive and east of Live Oak Avenue (APNs: 0237-411-13, -14, and -27, 0237-201-27, 0237-441-01 through -19)
PLANNING DEPARTMENT:

1. The rights and privileges granted by this project shall not become effective, nor shall the applicant commence the use for which this project is granted, until both of the following have occurred:
a. All requirements of the Fontana City’s Municipal Code shall be complied with.
b. All Conditions of Approval imposed on this project have been fulfilled.

2. The applicant shall defend, indemnify, and hold harmless the City of Fontana or its agents, officers, and employees from any claim, action or proceeding against the City of Fontana or its agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission and/or City Council concerning this subdivision, which action is brought within the time period provided for in Government Code Section 66499.37. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of 2185
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Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third-party action or proceeding, the City shall have the right to retain its own separate legal counsel to defend the interests of the City. The applicant shall be responsible for reimbursing the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval.

Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

3. This tentative tract map shall comply with all applicable development standards of Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development) of the Municipal Codes of the City of Fontana, Mitigation Monitoring and Reporting Program (MMRP), and the Subdivision Map Act.

4. The applicant shall underground all utilities, which for the purpose of this condition shall also include all boxes, structures and/or other equipment located in the public right-of-way, any public utility easement(s) and on any private property, to the satisfaction of the Director of Planning. A note to this effect shall be placed on the map prior to recordation of the final map.

5. The applicant/developer shall comply with the mitigation measures identified in the Final Environmental Impact Report (FEIR), and Mitigation Monitoring and Reporting Program (MMRP) as approved by the Planning Commission.

6. All Conditions of Approval and Mitigation Monitoring and Reporting Program (MMRP) contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet in the final building and grading plans prior to issuance of any building or grading permits.

7. This tentative tract map shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period.
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8. There shall be no combination wall over three (3) feet retaining wall and six (6) feet freestanding; the maximum height of any combination wall shall not exceed nine (9) feet.

9. Solid masonry walls of a minimum of six feet in height measured from finished grade shall have a decorative cap and shall be required at the perimeter of the project site, unless shown otherwise on approved plans or as approved by Director of Planning.

10. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections 30-30 and 30-31 of the Municipal Code.

11. An Agreement shall be recorded prior to final tract map recordation obligating the Homeowner’s Association (HOA) to maintain the areas of the Fuel Modification Zone Plan. The agreement shall include terms and conditions for reimbursement from the HOA to the City of Fontana should the City of Fontana, or agent of the City of Fontana, be required to perform maintenance on behalf of the HOA which shall only occur if the city determines, in the City’s good faith discretion, that the HOA has not performed adequate maintenance required to reduce the combustible fuel hazards that are identified on City owned property to maintain the minimum clearance set forth in the Fuel Modification Zone Plan.

12. Prior to recordation of the final tract map, City and Applicant shall prepare and record an easement that delineates the fuel modifications areas and provides provisions for access and long-term maintenance of the vegetation and the access road by the Homeowner’s Association in perpetuity.

Prior to Issuance of Building /Construction Permits

13. All conditions of approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet all the final building and grading plans prior to issuance of any building or grading permits.

ENGINEERING DEPARTMENT:

14. The project shall be served by the City’s sanitary sewer system, all sewer facilities shall be constructed in accordance with the City Standards. Main trunk sewer line shall be in accordance with master sanitary sewer plan or as approved by the City 2187
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Engineer.

15. The Applicant shall obtain design and plan approval from all utility providers having jurisdiction over the on-site and off-site utilities. Completion of all undergrounding of on-site and off-site utilities is required by Section 27-52 of the City Municipal Code and in accordance with plans and specifications approved by the City Engineer.

16. The Applicant shall maintain all improvements and utilities within the public right-ofway, including street sweeping, prior to issuance of final certificate of occupancy by the City.

PRIOR TO ISSUANCE OF GRADING PERMIT

17. Applicant shall submit and gain approval of a complete WQMP Report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

18. The Applicant shall submit and gain approval of a final drainage study prepared in accordance with the County of San Bernardino Hydrology Manual and Fontana Master Storm Drainage Plan.

PRIOR TO MAP RECORDATION

19. Applicant shall provide a Subdivision Improvement Agreement, with accompanying security. The agreement shall be executed on City-provided forms.

20. Applicant shall record Community Facility District (CFD) map as required for the development.

PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS

21. The Applicant shall record a Tract Map as required for the development.

22. The Applicant shall Vacate/Abandon a portion of Live Oak Avenue and dedicate right of way to the City based on the new configuration of Old Live Oak Avenue.

23. The Applicant shall dedicate right of way to the City for Village Drive.

24. The Applicant shall submit engineered improvement plans and obtain full approval.

All required public improvements, including but not limited to streets, storm drainage systems, sewers, traffic signals, streetlights, striping, signs, landscape, and any required traffic control and/or detour plans. All plans shall conform to City Standards and Specifications, and as approved by the City Engineer.

PRIOR TO ISSUANCE OF FIRST BUILDING PERMIT

25. The Applicant/Engineer of Record shall submit a conforming copy of the recorded Memorandum of Agreement for the Water Quality Management Plan and Storm 2188
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Water Best Management Practices transfer that reflects the constructed condition.

The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY

26. The Applicant/Design Engineer to provide the City of Fontana with As-Built/Record Drawings for all public improvement plans.

27. The Applicant/Engineer shall provide centerline ties to the City of Fontana reflecting proper setting of all survey monuments within the project limits and replace any existing survey monuments damaged or removed during construction.

28. The Applicant/Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.

29. Applicant/Landscape Architect shall provide a “Landscape Certificate of Compliance” certifying that the work has been designed, installed, and will be maintained in accordance with the City of Fontana’s Model Water Efficiency Landscape Ordinance (Ordinance 1743, FCC Section 28).

30. All sewers shall be video inspected by applicant/contractor. Sewer video shall include clean-out connection, clean-out to lateral segment, lateral, and main line.

Contractor performing the video inspection must have a NASSCO PACP, LACP, and MACP certification. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff with an accompanying full report. Videos to be inspected and approved by City Inspector. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

31. All storm drains shall be video inspected by applicant/contractor. Storm drain video shall include main lines and laterals. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff. Videos to be inspected and approved by City Inspector. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

BUILDING & SAFETY DIVISION:

32. The Tentative Tract Map shall record prior to the issuance of any permits.

MANAGEMENT SERVICES:

33. To eliminate the negative fiscal impact on municipal services associated with this proposal, the project will be required to annex into an existing community facilities district (CFD) or form a new community facilities district (CFD) for the purpose of financing the cost of maintenance and operation of the public street lighting, landscaping, water quality basin, public parks, parkways and the removal of or cover of graffiti. The City will determine which is more appropriate for the project, 2189
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establishing a new district or annexing into an existing district. The district formation or annexation must be completed prior to the issuance of building permits.

END OF CONDITIONS
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Exhibit “E”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. 21-084 DATE: July 25, 2022
Administrative Site Plan No. 23-014
LOCATION: The project site is located on the south side of Village Drive and east of Live Oak Avenue (APNs: 0237-411-13, -14, and -27, 0237-201-27, 0237-441-01 through -19)
PLANNING DEPARTMENT:

1. This approval is for Park Review (ASP) No. 23-014 Future Southridge Park comprised of 14 parking spaces, three (3) pickleball court, covered benches, two (2) shade structures, concrete walking trails, open lawn area, lighting, fencing, benches, and waste receptacles, as approved by the Planning Commission.

2. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until both of the following have occurred:

A. All of the improvements, construction, alteration and other work set forth in this project have been completed and have been accepted by the City, as evidenced by the City’s issuance of a Certificate of Occupancy (C of O) or other document evidencing the City’s final inspection and acceptance of the work.

B. All requirements of the Fontana Municipal Code shall be complied with.

C. All other Conditions of Approval imposed by this project have been fulfilled.

3. Prior to the construction of any modifications, all structural and aesthetic changes to the project design must be requested and approved in writing by the Director of Planning or his/her designee. Major structural and aesthetic changes exceeding the codified parameters of administrative policy shall be presented to the Planning Commission for approval.
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4. This project will comply with all applicable provisions, regulations and development standards of the City of Fontana Municipal Code.

5. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections 30-23 of the Municipal Code.

6. The applicant shall post a publicly visible sign on the project site with the telephone number and 24-hour point of contact for dust, noise, and construction complaints.

The 24-hour point of contact shall be available 24 hours a day, 7 days a week and have authority to commit additional assets to control dust, or respond to construction complaints after hours, on weekends and on holidays. Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays.

7. All parking stalls shall be clearly marked by double striping pavement painting.

Parking stall sizes shall be measured from the mid-point between the striping. No parking spaces shall be designated in a commercial/retail parking facility, except for disabled persons parking, van pool, carpool, or any other designated parking as required by law.

8. All signs shall be reviewed under a separate Design Review Sign application.

9. Exterior lighting shall be directed and shielded so as to illuminate only the parking area and to avoid glare impacts on adjacent properties.

10. All landscaping shall be healthy and maintained in a reasonable manner as determined by the Director of Planning or his/her designee.

11. Any transformer(s) shall be screened by either a screen wall or mature, dense landscaping, and not visible from the public right-of-way.

12. All Conditions of Approval contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet in the final building or grading plans prior to issuance of any building or grading permits.

13. Adhere to the City standard of one foot candle minimum for all entrances, exits, pedestrian paths, parking lots, and activity areas. Reflect all light fixtures on the site plan. All areas shall be illuminated during all hours of darkness and all luminaries utilized shall be vandal-resistant fixtures. The type of lighting shall be fluorescent, 2192
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white L.E.D.s or metal halide. To ensure the minimum light standard is met, provide a photometric layout under separate exhibit.

14. The construction contractor will use the following source controls at all times:

A. Construction shall be limited to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays unless it is approved by the building inspector for cases that are considered urgently necessary as defined in Section 18-63(7) of the Municipal Code.

B. For all noise-producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use.

C. The construction contractor will ensure that all construction equipment, fixed or mobile, is properly operating (tuned-up) and lubricated, and that mufflers are working adequately.

D. Have only necessary equipment onsite.

E. Use manually-adjustable or ambient-sensitive backup alarms. When working adjacent to residential use(s), the construction contractor will also use the following path controls, except where not physically feasible, when necessary:

1. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers.

2. Temporarily enclose localized and stationary noise sources.

3. Store and maintain equipment, building materials, and waste materials as far as practical from as many sensitive receivers as practical.

15. Historic Archaeological Resources:

A. Upon discovery of any tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All tribal cultural and archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant. If the resources are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place.

B. Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource along the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the Tribe. Any historic archaeological 2193
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material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the Tribe or a local school or historical society in the area for educational purposes.

C. Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

BUILDING & SAFETY

16. The applicant shall design the project to show compliance with the latest adopted edition of the following codes as applicable:

A. California Building Code
B. California Residential Code
C. California Electrical Code
D. California Mechanical Code
E. California Plumbing Code
F. California Energy Code
G. California Fire Code
H. California Green Building Standards Code

17. The applicant shall verify that any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project complies with FMC Chapter 5 Article XIV.

18. The applicant shall comply with the following grading requirements:

A. Grading plans shall be submitted to and approved by Building & Safety Division. The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-offs.

B. All drainage water shall drain via approved methods to an approved location such as a public street, public drainage system, etc.

C. Drainage water shall not cross over a public sidewalk. Drainage water may however cross under a sidewalk if an approved drainage structure is used.

D. A recorded drainage acceptance agreement is required from adjoining property(s) receiving flows from this property.

E. No water course or natural drainage shall be obstructed. 2194
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F. Minimum slope or grade for ALL drainage structures shall be one half (0.50) percent for concrete and one (1.0) percent for all other, or as otherwise approved by the Building Official.

G. Drainage water shall not pass from an ‘improved’ type of drainage structure to an ‘unimproved’ type of drainage structure (e.g., concrete swale to slag or dirt swale) unless otherwise approved by the Building Official.

H. A complete hydrology study using the latest edition of the San Bernardino County Flood Control Hydrology Manual, and complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to, and approved by Building & Safety Division.

The on-site drainage system shall, as a minimum, be designed to handle the run-off generated by a ten (10) year storm. Check for flooding of all on-site structures (buildings) and all adjacent properties during a hundred (100) year storm.

I. The grading plans shall, as a minimum, contain sections at all lot lines and/or permit boundary lines. These sections shall clearly indicate:

1. The relationship between the proposed finished on-site grade elevations and the existing adjacent property grade elevations (Indicate any additional drainage water that may come from an adjacent property.); and

2. The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and

3. All proposed drainage structures; and

4. Any proposed and/or required walls or fencing.

19. The applicant shall verify that all exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS

20. The following items (as applicable) shall be completed by the applicant and submitted to Building & Safety prior to the issuance of building permits for this project:

A. Precise grading plans shall be approved
B. Rough grading completed
D. Rough grade inspection signed off by a City Building Inspector

END OF CONDITIONS OF APPROVAL
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Exhibit “F”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Master Case No. 21-084 DATE: July 25, 2022
Design Review No. 22-043
LOCATION: The project site is located on the south side of Village Drive and east of Live Oak Avenue (APNs: 0237-411-13, -14, and -27, 0237-201-27, 0237-441-01 through -19)
PLANNING DEPARTMENT:

1. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until both of the following have occurred:

A. All of the improvements, construction, alteration and other work set forth in this project have been completed and have been accepted by the City, as evidenced by the City’s issuance of a Certificate of Occupancy or other document evidencing the City’s final inspection and acceptance of the work; and
B. All other Conditions of Approval imposed by this project have been fulfilled.

2. This Design Review shall become null and void two (2) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period.

3. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, 2196
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design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any claim, action, or proceeding and the City of Fontana shall cooperate in the defense.

In the event of any such third-party action or proceeding, the City shall have the right to retain its own separate legal counsel to defend the interests of the City. The applicant shall be responsible for reimbursing the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth.

Except as required under applicable State and Federal law, the City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance.

4. Prior to the construction of any modifications, all structural and aesthetic changes to the project design must be requested and approved in writing by the Director of Planning or his/her designee. Major structural and aesthetic changes exceeding the codified parameters of administrative policy shall be presented to the Planning Commission for approval. Changes made without approval as stated herein, will prevent the occupancy of the structure until corrections are approved in writing by all appropriate staff.

5. The project shall comply with all applicable provisions, regulations and development standards of the Southridge Village Specific Plan and Fontana Zoning and Development Code.

6. All future monument signs shall be reviewed under a separate Design Review Sign application.

7. All built in gas barbeques shall be installed with safety locks to the satisfaction of the Director of Planning.

8. All temporary signs (banners, wind flags, etc.) shall not be placed on the property unless the proper permits are obtained.

9. The current Development fees must be paid prior to certificate of occupancy. 2197
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10. Any foam treatment used for architecture treatments and/or projections located on the first floor shall be covered with concrete or similar durable material a minimum of ¼ inch thick, or as determined by the Director of Community Development.

11. The developer shall provide clustered and/or individual mailbox(es) for the delivery of mail to future residents of the development in a convenient location and is well-lit.

The mailbox shall not block the line of sight. The mailboxes shall be made of durable material and shall be installed in a manner that is resistant to vandalism and meets the requirements of the Post Office. The developer is responsible for contacting the Post Office for the type and location of the mail boxes within their development. Any replacements of the mail boxes subsequent to the original installation shall be the responsibility of the developer, the property management company, and/or the homeowners association, and the Post Office.

12. Graffiti and unauthorized markings on any wall, sign, or structure must be removed within twenty-four (24) hours.

13. All temporary signs (banners, wind flags, etc.) shall not be placed on the property unless the proper permits are obtained.

14. The applicant shall install decorative garage doors with windows to satisfaction of the Director of Planning.

15. All landscaping must be adequately maintained at all times.

16. All masonry block walls shall be a minimum of six (6) ft. tall with a prefabricated cap when fronting the public right of way.

17. The amenities for this project shall built based on the approved landscape plans.

18. In the event that one or more of the Conditions of Approval for this project needs to be amended and/or deleted due to health, safety or welfare concerns, the City Manager is authorized to approve or conditionally approve such amendment/deletion, provided that City Manager shall bring such proposed amendment/deletion to the City Council at the next available meeting for City Council ratification, but in no event later than sixty (60) days following the City Manager’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Sections 30-30 and 30-31 of the Municipal Code.

19. Applicant shall pay all applicable service fees pursuant to the City of Fontana Municipal Code.

20. The applicant shall post a publicly visible sign on the project site with the telephone number and 24-hour point of contact for dust, noise, and construction complaints.

The 24-hour point of contact shall be available 24 hours a day, 7 days a week and have authority to commit additional assets to control dust, or respond to construction complaints after hours, on weekends and on holidays. Construction shall be limited 2198
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to 7:00 am to 6:00 pm on weekdays, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and Holidays.

21. The applicant shall post the most recent City of Fontana General Plan map, size 24- inches by 36-inches, in all offices selling new homes in the subdivision, whether onsite or remote. The project site/tract boundary shall be clearly delineated on the General Plan map. Additionally, a 24-inch by 36-inch map showing the school district boundaries (for all districts in the City) shall be displayed. The General Plan information and school district boundaries may be included on the same map. The maps shall be clearly and prominently displayed and be visible to all persons entering the sales office.

22. The applicant and/or property owner shall file a petition with the Fontana City Council requesting police enforcement of the California Vehicle Code and the Fontana Municipal Code on the private streets of the development while the development is under a single ownership, or prior to Certificate of Occupancy of any dwelling unit.

23. The development shall maintain an active Homeowner’s Association (HOA) at all times. The City shall be a third party to the HOA. in the event the development cannot maintain said HOA. The HOA. Board shall meet in the recreation/club room located within the development. A property management company is strongly recommended to manage the site appropriately.

24. Install and maintain the Fontana Police Department’s R.E.A.C.T. electronic gate system (in addition to the County’s Knox Box system).

25. If a digital video surveillance system is available at the premise, it is recommended to be an internet-based system and shall be maintained in proper working order at all times. The surveillance video/visual media shall be maintained for a minimum of sixty (60) days and upon request, shall be accessible to law enforcement personnel for viewing, copying and collection purposes during regular business hours.

26. A locator map or directory should be posted at the site entrances. The directory should be located on the site so as to be easily and quickly identified and free from visual obstruction. The directory should be illuminated from dusk until dawn. The directory should have vandal resistant glazing to minimize criminal damage and the structure should be weather resistant.

27. Community address numbers and complex numbers should be visible. Building and unit numbers should be posted and visible. Address specifications are meant to ensure identification and location of buildings. Proper posting and maintenance minimizes confusion as to location and expedites public safety response.

28. Adhere to the city light standard of one foot candle minimum of light for all entrances, exits, pedestrian walkways, parking lots and activity areas. Reflect all light fixtures on the site plan. The type of illumination shall be either florescent, metal halide or white L.E.D.’s., and the luminaries shall be vandal resistant. All luminaries shall 2199
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remain lit from dusk until dawn. Provide a photometric layout under separate exhibit to ensure the minimum light standard is met.

29. A Register of Professional Archaeologists (RPA)-qualified archeologist experienced with Native American artifact identification and approved by the City of Fontana shall be present to monitor the first two (2) days of site preparation/ grubbing; the first two (2) days of mass grading; and the first two (2) days of utility trenching. Such monitoring activities may be reduced or terminated depending on the findings and recommendations of the archeologist. In the event that prehistoric or historic cultural resources be uncovered during these activities, representatives of the tribal entity(s) whom consider the project site to be within their traditional use area shall be contacted and invited to the site to review the find, and monitoring shall be continued at the discretion of archeologist.

30. Historic Archaeological Resources
A. Upon discovery of any tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All tribal cultural and archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant. If the resources are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place.

B. Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource along the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the Tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the Tribe or a local school or historical society in the area for educational purposes.

C. Archaeological and Native American monitoring and excavation during construction projects shall be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

31. The construction contractor shall use the following source controls at all times:
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a. Construction shall be limited to 7:00 am to 6:00 pm on weekday, 8:00 am to 5:00 pm on Saturdays, and no construction on Sundays and holidays unless it is approved by the Building Inspector for cases that are considered urgently necessary as defined in Section No. 18-63(7) of the Municipal Code. For all noise-producing equipment, use types and models that have the lowest horsepower and the lowest noise generating potential practical for their intended use.
b. The construction contractor will ensure that all construction equipment, fixed or mobile, is properly operating (tuned-up) and lubricated, and that mufflers are working adequately.
c. Have only necessary equipment onsite.
d. Use manually-adjustable or ambient-sensitive backup alarms. When working adjacent to residential use(s), the construction contractor will also use the following path controls, except where not physically feasible, when necessary:
e. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers. f. Temporarily enclose localized and stationary noise sources. g. Store and maintain equipment, building materials, and waste materials as far as practical from as many sensitive receivers as practical.

32. There shall be five (5) feet of landscaping and two (2) feet of decorative concrete for passengers to step out of vehicles, total of seven (7) feet, at the end of automobile parking aisles.

33. Color combinations and color schemes for buildings approved under a design review application shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes may be approved by the Director of Planning. The Director of Planning may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

34. Exterior lighting compatible with the design of the building shall be provided for the parking lot. The lighting shall be directed and shielded so as to illuminate only the parking area and to avoid glare impacts on adjacent properties.

35. Sidewalks shall be provided for all new developments in accordance with the city’s circulation element of the General Plan.

36. All roof-mounted equipment and ground mounted equipment shall be screened from view from adjacent properties and streets to the satisfaction of the Director of Planning.
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37. All landscaping shall be healthy and maintained in a reasonable manner as determined by the Director of Planning or his/her designee.

38. Any transformer visible from the public right-of-way shall be screened by a solid screen wall and mature, dense landscaping.

39. After the fifteen (15) day appeal period, the applicant shall remove the notice of Filing sign(s) from the project site. The applicant may request a refund of the sign deposit; the request shall be in writing accompanied with a refund application. The request shall be submitted to the Planning Department.

40. In the event that any off-site utility and/or infrastructure improvements are required as a direct result of future projects, construction of such off-site utility and infrastructure improvements shall not occur concurrently with the demolition, site preparation, and grading phases of project construction. This requirement shall be clearly noted on all applicable grading and/or building plans.

41. Adhere to the City standard of one foot candle minimum for all entrances, exits, pedestrian paths, parking lots, and activity areas. Reflect all light fixtures on the site plan. All areas shall be illuminated during all hours of darkness and all luminaries utilized shall be vandal-resistant fixtures. The type of lighting shall be fluorescent, white L.E.D.s or metal halide. Provide a photometric layout under separate exhibit to ensure the minimum light standard is met.

42. Incorporate an anti-graffiti coating onto the exterior of all proposed block walls to discourage graffiti.

43. If possible incorporate hostile landscape into the exterior, perimeter landscape setback areas to discourage subjects from accessing the site.

44. The new public park property shall be dedicated and improved to the City prior to issuance of the 127th certificate of occupancy for the project (MCN No. 22-084).

45. The applicant shall adhere to the regulations from the Fire Hazard Overlay District Guidelines (Section 30-656) of the Fontana Municipal Code.

46. An Agreement shall be recorded prior to final tract map recordation obligating the Homeowner’s Association (HOA) to maintain the areas of the Fuel Modification Zone Plan. The agreement shall include terms and conditions for reimbursement from the HOA to the City of Fontana should the City of Fontana, or agent of the City of Fontana, be required to perform maintenance on behalf of the HOA which shall only occur if the city determines, in the City’s good faith discretion, that the HOA has not performed adequate maintenance required to reduce the combustible fuel hazards that are identified on City owned property to maintain the minimum clearance set forth in the Fuel Modification Zone Plan.
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47. Prior to recordation of the final tract map, City and Applicant shall prepare and record an easement that delineates the fuel modifications areas and provides provisions for access and long-term maintenance of the vegetation and the access road by the Homeowner’s Association in perpetuity.

PRIOR TO ISSUANCE OF GRADING PERMIT

48. All Conditions of Approval and Mitigation, Monitoring, and Reporting Program (MMRP) contained herein shall be incorporated into all applicable final construction plans and a copy of these conditions shall be placed on a sheet in the final building and grading plans prior to issuance of any building or grading permits.

PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY

49. Prior to issuance of a Certificate of Occupancy, the applicant shall underground all utilities, which for the purpose of this condition shall include all boxes, structures and/or other equipment located in the public rights-of-way, any public utility easement(s), and on any private property, to the satisfaction of the Director of Planning.

50. Development fees and Planning Department final inspection fee must be paid prior to Certificate of Occupancy.

ENGINEERING LAND DEVELOPMENT:

51. The Project shall be served by the City’s sanitary sewer system, all sewer facilities shall be constructed in accordance with the City Standards. Main trunk sewer line shall be in accordance with master sanitary sewer plan or as approved by the City Engineer.

52. The Applicant shall obtain design and plan approval from all utility providers having jurisdiction over the on-site and off-site utilities. Completion of all undergrounding of on-site and off-site utilities is required by Section 27-52 of the City Municipal Code and in accordance with plans and specifications approved by the City Engineer.

53. The applicant shall maintain all improvements and utilities within the public right-ofway, including street sweeping, prior to issuance of final certificate of occupancy by the City.

PRIOR TO ISSUANCE OF GRADING PERMIT
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54. Applicant shall submit and gain approval of a complete Water Quality Management Plan report in accordance with the County of San Bernardino Technical Guidance Document and latest template.

55. The Applicant shall submit and gain approval of a final drainage study prepared in accordance with the County of San Bernardino Hydrology Manual and Fontana Master Storm Drainage Plan.

PRIOR TO MAP RECORDATION

56. Applicant shall provide a Subdivision Improvement Agreement, with accompanying security. The agreement shall be executed on City-provided forms.

57. Applicant shall record Community Facility District (CFD) map as required for the development.

PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS

58. The Applicant shall record all maps as required for the development.

59. Applicant shall submit engineered improvement plans and obtain full approval. All required public improvements, including but not limited to streets, storm drainage systems, sewers, traffic signals, streetlights, striping, signs, landscape, and any required traffic control and/or detour plans. All plans shall conform to City Standards and Specifications, and as approved by the City Engineer.

PRIOR TO ISSUANCE OF FIRST BUILDING PERMIT

60. The Applicant/Engineer of Record shall submit a conforming copy of the recorded Memorandum of Agreement for the Water Quality Management Plan and Storm Water Best Management Practices transfer that reflects the constructed condition.

The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.

PRIOR TO ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY

61. Applicant/Design Engineer to provide the City of Fontana with As-Built/Record Drawings for all public improvement plans.

62. The Applicant/Engineer shall provide centerline ties to the City of Fontana reflecting proper setting of all survey monuments within the project limits and replace any existing survey monuments damaged or removed during construction. 2204
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63. The Applicant/Engineer shall set survey monuments as required by the map and corner records must be recorded with the County.

64. Applicant/Landscape Architect shall provide a “Landscape Certificate of Compliance” certifying that the work has been designed, installed, and will be maintained in accordance with the City of Fontana’s Model Water Efficiency Landscape Ordinance (Ordinance 1743, FCC Section 28).

65. All sewers shall be video inspected by applicant/contractor. Sewer video shall include clean-out connection, clean-out to lateral segment, lateral, and main line.

Contractor performing the video inspection must have a NASSCO PACP, LACP, and MACP certification. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff with an accompanying full report. Videos to be inspected and approved by City Inspector. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

66. All storm drains shall be video inspected by applicant/contractor. Storm drain video shall include main lines and laterals. Applicant shall provide a copy of the video on DVD or flash drive to inspection staff. Videos to be inspected and approved by City Inspector. If removal and replacement of any utility is required, a subsequent video of the repair will be required.

BURRTEC WASTE & RECYCLING SERVICES

67. Prior to the issuance of building permits, the developer shall meet with Burrtec to coordinate and develop a Waste Collection Service Plan satisfactory to Burrtec. The Service Plan shall be subject to review and approval by Burrtec and the City.

BUILDING & SAFETY DIVISION:

68. Shall comply with the latest adopted edition of the following codes as applicable:

I. California Building Code
J. California Residential Code
K. California Electrical Code
L. California Mechanical Code
M. California Plumbing Code
N. California Energy Code
O. California Fire Code
P. California Green Building Standards Code

69. The applicant shall install an automatic fire suppression systems shall be installed in all new construction per Article II, Chapter 11 of the Code of the City of Fontana. 2205
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Design and type of system shall be based upon the requirements of the Building Code, Fire Code and the requirements of the Fontana Fire Prevention District.

70. The requirements of the Department of Environmental Health Services and the South Coast Air Quality Management District shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used.

71. The applicant shall verify that any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project complies with FMC Chapter 5 Article XIV

72. The applicant shall verify all perimeter/boundary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to the lot line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the lot line. Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case by case basis for extenuating circumstances.

73. All lot lines, easement lines, etc. shall be located and/or relocated in such a manner as to not cause any existing structure to become non-conforming with the requirements of the latest adopted edition of the Building Code, or any other applicable law, ordinance, or code.

74. The Tentative Tract or Parcel map shall record prior to the issuance of any permits.

75. The applicant shall comply with the grading requirements:

A. Grading plans shall be submitted to, and approved by Building & Safety.

The grading plans shall indicate all site improvements, and shall indicate complete drainage paths of all drainage water run-offs.

B. All drainage water shall drain via approved methods, to an approved location – public street, public drainage system, etc.

C. Drainage water shall not cross over a public sidewalk. Drainage water may however cross under a sidewalk if an approved drainage structure is used.

D. A recorded drainage acceptance agreement is required from adjoining property(s) receiving flows from this property.

E. No water course or natural drainage shall be obstructed.

F. Minimum slope or grade for ALL drainage structures shall be one half (0.50) percent for concrete and one (1.0) percent for all other, or as otherwise approved by the Building Official.

G. Drainage water shall not pass from an ‘improved’ type of drainage structure to an ‘unimproved’ type of drainage structure (e.g., concrete swale to slag or dirt swale) unless otherwise approved by the Building Official.
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H. A complete hydrology study using the latest edition of the San Bernardino County Flood Control Hydrology Manual, and complete hydraulic calculations justifying the size, slope, capacity, etc. of any and all drainage structures being utilized, shall be submitted to, and approved by Building & Safety.

The on-site drainage system shall, as a minimum, be designed to handle the run-off generated by a ten (10) year storm. Check for flooding of all on-site structures (buildings) and all adjacent properties during a hundred (100) year storm.

I. The grading plans shall, as a minimum, contain sections at all lot lines and/or permit boundary lines. These sections shall clearly indicate:

1. The relationship between the proposed finished on-site grade elevations and the existing adjacent property grade elevations (Indicate any additional drainage water that may come from an adjacent property.); and

2. The ground cover/finished surface material being proposed (e.g., type of pavement, plant material, etc.); and

3. All proposed drainage structures; and

4. Any proposed and/or required walls or fencing.

76. All signs shall be Underwriters Laboratories approved (or equal).

77. Permits are required prior to the removal and/or demolition of structures.

78. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

79. The project site is located in a VHFSZ and the project will need to comply with all fire zone requirements.

PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS

80. The following items shall be completed and/or submitted to Building & Safety – as applicable – prior to the issuance of building permits for this project:

C. Precise grading plans shall be approved
D. Rough grading completed
E. Compaction certification
E. Pad elevation certification
F. Rough grade inspection signed off by a City Building Inspector FIRE PROTECTION DISTRICT:
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81. Jurisdiction. The above referenced project is under the jurisdiction of the Fontana fire Protection District (herein “Fire Department”). Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable statutes, codes, ordinances, and standards of the Fire Department.

82. Fire Access Road Width. Prior to map recordation, all fire access roadways shall be designed to meet the requirements for this development and shall be approved by the Fire Department. All buildings shall have access provided by approved roads, alleys, and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. California Fire Code Chapter 5 & SBCoFD Standard A-1.

83. Turnaround. An approved turnaround shall be provided at the end of each roadway one hundred and fifty (150) feet or more in length. Cul-de-sac length shall not exceed six hundred (600) feet; all roadways shall not exceed a 12 % grade and have a minimum of nineteen (19) foot inside radius and a forty-five (45) foot outside radius for all turns. California Fire Code Chapter 5 & SBCoFD Standard A-1.

84. Street Signs. Approved temporary or permanent street signs shall be installed throughout the project prior any combustible materials being placed on the construction site. California Fire Code Chapter 5 & SBCoFD Standard A-2.

85. Fire Lanes. The applicant shall submit a site plan to the Fire Department for review and approval of all proposed signage and striping for all fire access roadways. All curbs adjacent to fire lanes shall be painted red and “No Parking, Fire Lane” signs shall be installed on public and private roads in accordance with approved standards. SBCoFD Standard A-2.

86. Water System Residential. Prior to map recordation or lot line adjustment, all water supply systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using Appendix B of the California Fire Code. A minimum of one new six (6) inch fire hydrant assembly with two (2) two and one half (2 1/2) inch and one (1) four (4) inch outlet (4”x2.5”x2.5”) shall be provided. All fire hydrants shall be spaced no more than six hundred (600) feet apart as measured along vehicular travel-ways. California Fire Code Chapter 5 & SBCoFD Standard W-2.

The Fire Flow for this project shall be: 1,500 GPM for a one (1) hour duration at 20 psi residual operating pressure. Fire Flow is based on a 2,307 Square Foot structure.
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