ATTACHMENT NO. 10
ORDINANCE NO. 2023-____
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF FONTANA ,
APPROVING, PURSUANT TO THE CERTIFIED ENVIRONMENTAL IMPACT
REPORT FOR THE SIERRA BUSINESS CENTER (STATE CLEARINGHOUSE NO. 2022030544), ZONING DISTRICT MAP AMENDMENT ( ZONE CHANGE) NO. 21-007, TO CHANGE THE ZONING DESIGNATION FOR APNS 0239-151- 19, -25, -26, and -36 FROM GENERAL COMMERCIAL (C -2) AND MULTI FAMILY HIGH RESIDENTIAL (R -5) TO LIGHT INDUSTRIAL (M -1) FOR APPROXIMATELY 19.0 ACRES LOCATED SOUTH OF DUNCAN CANYON
ROAD AND EAST OF SIERRA AVENUE
THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA , DOES HEREBY FIND AS FOLLOWS:
WHEREAS, the applicant submitted a request for Zoning District Map Amendment (Zone Change) No. 21-007 to amend the zoning map designation for parcel s APNs:
0239-151-19, -25, -26, and -36 from the General Commercial (C-2) and Multi Family High Residential (R-5) Zoning District to the Light Industrial (M-1) Zoning District; and WHEREAS, on April 18 , 202 3, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties at a public hearing held on Zoning District Map Amendment (Zone Change) No. 21-007 and related entitlements, and after carefully considering all information pertaining to the proposed project, including the staff report , findings, and all information, evidence, and testimony presented, the Planning Commission recommended approval to the City Council of Zoning District Map Amendment (Zone Change) No. 21-007; and
WHERAS, the subject property is proposed to be developed below the assumed capacity as identified in the approved Housing Element, however there is still sufficient capacity in the city at the “extremely low/very low” income category to meet the City’s Regional House Needs Assessment (RHNA) allocation; and
WHEREAS, to comply with California’s Housing Crisis Act of 2019 (SB 330), the project will participate in the City of Fontana Municipal Code Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” The 725 units will be available as density bonuses for other residential properties throughout the city. The program will enable, on a first come, first serve d basis, density bonuses of up to 20% on other parcels until the 725 residential units are reclaimed within future planned residential projects.
WHEREAS, after the publication of notice as require d by law, the City Council of the City of Fontana, California conducted a public hearing on Zoning District Map Amendment (Zone Change) No. 21-007; and
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WHEREAS, a duly noticed public hearing for the project was opened at the May 9, 2023, City Council Meeting and on that date the public hearing was continued to the June 27, 2023, City Council meeting; and
WHEREAS, on June 27, 2023 , the City Council held a duly not iced public hearing on Zoning District Map (Zone Change) Amendment No. 21-007 along with the entitlement referenced herein, received testimony and the supporting documents in evidence, and the City Council found that the Zoning District Map Amendment is in conformance with the goals and policies of the General Plan to provide a com munity that is balanced between residential, commercial, and industrial that is developed to high standards and provides diverse economic and social opportunities for our citizens and those who wish to invest here; and
WHEREAS, Zone Change Amendment No. 21-007 is consistent with the goals and policies of the City of Fontana, General Plan Goal 7 of Chapter 15, “support high- quality development in design standards and land use decisions”; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community.
Section 2. The City of Fontana City C ouncil hereby makes the following findings for Zoning District Map Amendment (Zone Change) No. 21-007 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:
Finding: The Zoning and Development Code may be amended by changing the development standards (text) or zoning
designation map boundaries of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety, or general welfare or when
modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.
Findings of Fact: The applicant is proposing to change the zoning designations from General Commercial (C-2) and Multi Family High Residential (R - 5) to Light Industrial (M-1). This would allow for the construction of two (2) industrial commerce center buildings totaling approximately 385,043 square feet . This development will assist with growing industrial commerce demand in the City of Fontana and the surrounding area. The proposed zone change will provide consistency with the proposed zoning and development to the south of the subject site and will provide safe and attractive development.
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Section 3. The City Council approves this Ordinance pursuant to the certified the Sierra Business Center Environmental Impact Report (State Clearinghouse No. 2022030544). The City Council finds that the EIR contains a complete and accurate reporting of all the enviro nmental impacts associated with the Ordinance pursuant to the California Environmental Quality Act (CEQA). Based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared; and Section 4. The City Council approves Zoning District Map Amendment (Zone Change) No. 21-007 to amend the zoning designation for APNs: 0239-151-19, -25, - 26, and -36 from General Commercial (C-2) and Multi Family High Residential (R-5) to Light Industrial (M -1) as shown on Exhibit “A”, and attached hereto and by this reference incorporated; and
Section 5. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Herald News or other local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 27th day of June 2023.
READ AND APPROVED AS TO LEGAL FORM:
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City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introdu ced at a regular meeting on the 27th day of June 2023, and was finally passed and adopted not less th an five days thereafter on the 11th day of July 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
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City Clerk of the City of Fontana
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Mayor of the City of Fontana
ATTEST:
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City Clerk
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“EXHIBIT A”
EXISTING AND PROPOSED ZONING MAP DESIGNATION -
GENERAL COMMERCIAL (C-2) AND MEDIUM-FAMILY RESIDENTIAL (R-5) TO
LIGHT INDUSTRIAL (I-L)