DocuSign Envelope ID: BD2A886B- 7831- 42EE- AE3C- 0E9740D30893 URGENCY ORDINANCE NO. 1922
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FONTANA IN ACCORDANCE WITH GOVERNMENT CODE SECTION
65858 ENACTING FOR A PERIOD OF FORTY- FIVE ( 45) DAYS A
MORATORIUM ON THE APPROVAL OF ANY BUILDING PERMIT,
OCCUPANCY PERMIT, CONDITIONAL USE PERMIT, VARIANCE,
SUBDIVISION MAP, DESIGN REVIEW, ADMINISTRATIVE SITE PLAN
REVIEW OR OTHER LAND USE ENTITLEMENT OR PERMIT, OR
REGULATORY LICENSE OR PERMIT REQUIRED TO COMPLY WITH
THE PROVISIONS OF THE MUNICIPAL CODE OR SPECIFIC PLAN FOR SERVICE BASED, NON - ENTERTAINMENT USES.
WHEREAS, the City of Fontana, California (" City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, Government Code section 65300, et seq. allows a city to adopt a General Plan to designate its long- term goals and policies related to its respective community and future development of the city; and
WHEREAS, on November 13, 2018, the City adopted its most recent General Plan, detailing the City' s goals and objectives over the next 20 years; and WHEREAS, Chapter 14 of the General Plan establishes the City' s intent to make its downtown a local and regional destination hub for dining, shopping, and entertainment; and
WHEREAS, the City has identified Foothill Boulevard and Sierra Avenue to be primary corridors that funnel local and regional visitors to its downtown, thereby promoting the economic growth of the City; and
WHEREAS, the City observes that the Sierra Avenue corridor generally extends from the 10 Freeway to the 210 Freeway, and the Foothill Boulevard corridor extends from Cherry Avenue to Maple Avenue; and
WHEREAS, the City desires to create a balanced environment within its corridors to foster a similar vision to that of the downtown area; and WHEREAS, to the extent that the land in the Sierra Avenue and Fontana Boulevard corridors are underutilized, underperforming, or inconsistent with the City' s General Plan, the City has a responsibility to move forward with studies necessary to implement General Plan policies related to the economic corridors in order to maintain the City' s vibrancy; and
WHEREAS, without the enactment of this Ordinance, multiple applicants could quickly receive entitlements that would allow for uses contrary to the City' s General Plan, subjecting the City to the potential effects and impacts of uncoordinated and conflicting
ATTACHMENT NO. 2
DocuSign Envelope ID: BD2A886B- 7831- 42EE- AE3C- 0E9740D30893 Urgency Ordinance No. 1922
uses, impacts on parking availability in the downtown area of the City, the aesthetic impacts to the City, and other similar or related effects on property values and the quality of life in the City' s neighborhoods and effectively creating a current and immediate threat to the public health, safety, and welfare; and
WHEREAS, the City intends to study zone change prohibiting certain service - related uses along certain portions of two of its main thoroughfares ( Sierra Avenue and Foothill Boulevards) in an effort to maximize economic development, sales tax generation, and encourage entertainment - related development along those corridors; and
WHEREAS, Government Code section 65858 authorizes the City to adopt an interim Urgency Ordinance to protect the public safety, health, and welfare and to prohibit uses which may be in conflict with a contemplated General Plan or zoning proposal which the City is considering, studying or intends to study within a reasonable time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Moratorium. The City shall not issue or approve any building permit, occupancy permit, conditional use permit, variance, subdivision map, design review, administrative site plan review or other land use entitlement or permit; or regulatory license or permit required to comply with the provisions of the City' s Municipal Code or a Specific Plan for any " Service Based, Non - Entertainment Uses" as defined herein in Section 3 on any property within four hundred ( 400) feet from the center line of the location of Sierra Avenue between the 1-10 Freeway and Arrow Boulevard, and between Foothill Boulevard and the 1-210 Freeway ( Sierra Avenue corridor), and on any property within four hundred ( 400) feet from the center line of the location of Foothill Boulevard between Cherry Avenue and Maple Avenue ( Foothill Boulevard corridor), as shown on Exhibit A attached hereto and incorporated herein by this reference.
Section 3. " Service Based, Non -Entertainment Uses" shall mean the following uses as these uses are defined in Chapter 30:
Adult vocational classes, trade schools, computer training Animal Kennel
Animal Training, keeping, or raising
Antique restoration
Ambulance services
Animal hospital
Auto body painting and repair
Auto car alarm and stereo installation ( within an enclosed building only) Auto car washes
Auto driving schools
DocuSign Envelope ID: BD2A886B- 7831- 42EE- AE3C- 0E9740D30893 Urgency Ordinance No. 1922
Auto rental
Auto rental agencies with parking for vehicle rentals
Auto stereo, alarm, and upholstery installation or repair Auto Storage
Barber, hair/ nail/ skincare/ tanning salon, as a primary use Barber, hair/ nail/ skincare/ tanning salon and day spa Bed and Breakfast
Blueprinting, printing, copying, packing, mailing services as a primary use Body Art — tattooing body piercing and / or permanent cosmetics Car and Truck washes
Cemeteries, crematory, mortuary, and mausoleums
Chemical substance abuse facility
Check cashing/ deferred deposit or payday advance uses with or without ancillary services
Cleaners / laundry
Clinic — medical, dental, or cosmetic
Clothing and costume rental
Community Care Facility
Convalescent Hospital
Commercial day care
Dress maker or millinery shop
Dry cleaners/ laundry— non- commercial
Equipment Rental
Equipment and Appliance Repair
Fortunetelling
Funeral parlors
Furniture refinishing
Furniture upholstery
Homeless Shelters
Hospitals
Hotels / Motels ( less than 50 rooms)
Jewelry repair, as a primary use
Laundromat
Locksmith
Locksmith/ key shops
Machine Shop
Massage / Acupressure as a primary use
Massage as ancillary use to primary permitted use — less than 40% of gross floor area of business
Medical/ dental/ counseling/ psychology/ hearing
aids/ acupuncture/ homeopathy/ physical therapy/ sports therapy Medical services - All
Mortuary
Nail salon
DocuSign Envelope ID: BD2A886B- 7831- 42EE- AE3C- 0E9740D30893 Urgency Ordinance No. 1922
Nursing Home
Pet boarding
Pet boarding and kennels
Pet grooming
Photography Studios
Photocopying and photo developing ( retail)
Postal services/ mailbox rentals
Private Schools ( pre- K-12)
Publishing establishments
Self -storage facility
Shoe Repair
Tailor and alterations
Traffic and automobile driving schools
Traffic schools
Trailer rental
Trailer repair
Trailer custom repair
Truck Driving Schools
Truck Fueling
Truck rental
Truck body painting and repair
Truck repair including customization
Truck stereo, alarm, and upholstery installation or repair Truck Storage
Veterinarian clinic and hospitals ( with incidental boarding) Section 4. Compliance with California Environmental Quality Act. The City finds that this Urgency Ordinance is not subject to the California Environmental Quality Act CEQA) pursuant to Sections 15060( c)(2) ( the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060( c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of zoning code revisions and related impact studies.
Section 5. Effective Date. This Urgency Ordinance was adopted by the necessary four -fifths vote of the members of the City Council pursuant to Government Code section 65858 and shall take effect immediately upon its adoption.
Section 6. Written Report. At least ten ( 10) days before this Urgency Ordinance or any extension expires, the City Manager shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of this Urgency Ordinance.
Section 7. Publishing. The City Clerk shall certify to the passage of this Urgency Ordinance and cause the same or a summary thereof to be published within fifteen ( 15)
DocuSign Envelope ID: BD2A886B- 7831- 42EE- AE3C- 0E9740D30893 Urgency Ordinance No. 1922
days after adoption in a newspaper of general circulation, printed and published in San Bernardino, California.
Section 8. Term. This Ordinance is an Urgency Ordinance, enacted pursuant to Government Code section 65858. The term of this Urgency Ordinance shall be for forty- five ( 45) days from the date of adoption and shall expire and be of no further force or effect, unless and until extended in accordance with Government Code section 65858.
Section 9. The Custodian of Records for this Ordinance is the City Clerk and the records compromising the administrative record for this Ordinance are located at 8353 Sierra Avenue, Fontana, California 92335.
Section 10. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions may be declared invalid or unconstitutional.
APPROVED AND ADOPTED this 25thday of July, 2023.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 25thday of July 2023, by the following vote to wit:
AYES: Mayor Warren, Mayor Pro Tenn Garcia, Council Members Cothran, Roberts and Sandoval
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk of the City of Fontana
tiovuuA. Ea (PairuA,
Mayor of the City of Fontana
DocuSign Envelope ID: BD2A886B- 7831- 42EE- AE3C- 0E9740D30893 Urgency Ordinance No. 1922
ATTEST:
City Clerk
DocuSign Envelope ID: BD2A886B- 7831- 42EE- AE3C- 0E9740D30893 : e 1922 ExhibitA Sierra Ave and Foothill Blvd
Moratorium Parcels Within 400 Feet of Center Line
Legend
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DocuSign
Certificate Of Completion
Envelope Id: BD2A886B783142EEAE3C0E9740D30893
Subject: Please DocuSign: Urgency Ordinance 1922
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7/27/ 2023 105: 27 PM
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Holder: City Clerk
clerks@fontana. org
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Ruben Duran
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Acquanetta Warren
awarren@fontana. org
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Envelope Originator:
City Clerk
8353 Sierra Avenue
Fontana, CA 92335
clerks@fontana. org
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Timestamp
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kkasinger@fontana. org
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Electronic Record and Signature Disclosure created on: 2/2/ 2017 106: 54 AM Parties agreed to: Ruben Duran, Acquanetta Warren, Germaine Key, Kathy Kasinger
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TO: HERALDNEWS
EMAIL: [email protected]
FROM: FONTANACITYCLERK'S DEPARTMENT
DATE: July31, 2023
PUBLICATION OF SUMMARY OF ADOPTED URGENCY ORDINANCE NO 1922.
PUBLISHONETIMEONLYONORBEFOREAugust 4, 2023. ONEAFFIDAVITPUBLICATION REQUESTED.
SUMMARYOF ADOPTEDURGENCYORDINANCENO 1922.
NOTICEISHEREBYGIVENthattheCityCouncilof theCityof Fontana, at a RegularMeetingheld on July 25, 2023, at City Hall, 8353 SierraAvenue, Fontana, California, adoptedthe following ordinance:
Adopt Urgency Ordinance No. 1922, an ordinance of the City of Fontana, California, in accordancewithGovernmentCodeSection65858enactingfor a periodof Forty-Five (45) daysa Moratoriumon the approvalof any BuildingPermit, OccupancyPermit, ConditionalUsePermit, Variance, SubdivisionMap, DesignReview, AdministrativeSite PlanReviewor otherLandUse Entitlementor Permit, or RegulatoryLicenseor PermitRequiredto ComplywiththeProvisionsof the MunicipalCodeor SpecificPlanfor ServiceBased, Non-EntertainmentUses.
A certifiedcopyof thefulltextof theordinanceis availablein theofficeof theCityClerkof theCity of Fontana, 8353SierraAvenue, Fontana, California92335.
CITYCOUNCILOF THECITYOFFONTANA
AcquanettaWarren, Mayor
SusanaGallardo
Specialistto the DeputyCityClerk
P.O. #800496