ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, APPROVING ZONING AND DEVELOPMENT CODE AMENDMENT NO. 22-010 TO ESTABLISH THE DOWNTOWN CORE LAND USE DISTRICTS AND ASSOCIATED DEVELOPMENT STANDARDS IN ORDER TO INCREASE RESIDENTIAL HOUSING AND MIXED AND COMMERCIAL USES IN THE DOWNTOWN ON 478 ACRES BOUNDED BY FOOTHILL BOULEVARD ON THE NORTH, RANDALL AVENUE ON THE SOUTH, JUNIPER AVENUE ON THE WEST, AND MANGO AVENUE ON THE EAST.
WHEREAS, on March 28, 2019, the City of Fontana applied for the State of California SB2 grant to secure fundings for the increase in housing development; and, WHEREAS, it is the City goal to build a downtown that will provide for entertainment, retail, service and residential uses; and, WHEREAS, the City desires to introduce six (6) new districts (Sierra Core, Gateway Core, Mixed-Use Core, Multi-Family Core, Neighborhood Core, Civic Core) to the City’s downtown core, through Chapter 30 of the Fontana Municipal Code, that 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 subject site includes 478 acres that were part of the incorporation of the City of Fontana on June 25, 1952; and, WHEREAS, all the notices required by statute or the Fontana Municipal Code have been given as required; and, WHEREAS, on July 18, 2023, the Planning Commission received public testimony and evidence presented by City staff, and other interested parties at a public hearing held on the Downtown Core Project EIR (State Clearinghouse No. 2022110624), General Plan Amendment No. 22-010, Zoning District Map Amendment No. 22-010, and after carefully considering all information pertaining to the proposed project, including the staff report, findings, and all information, evidence, and testimony presented, the Planning Commission recommended approval of the Project to the City Council; and, WHEREAS, on July 25, 2023, the City Council held a duly noticed public hearing on Zoning District Map (Zone Change) Amendment No. 22-010, received testimony and the supporting documents in evidence, and found that the Zoning District Map Amendment is in conformance with the goals and policies of the General Plan to provide a community that is balanced between residential, commercial, and industrial that is developed to high standards and provides diverse economic and social opportunities for our citizens and those who wish to invest here; and, WHEREAS, Zoning District Map Amendment (Zone Change) Amendment No. 22010 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, 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 OF THE CITY OF FONTANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals are true and correct and incorporated herein by this reference.
SECTION 2. CEQA. The City Council approves this Ordinance pursuant to the certified Downtown Core Project Environmental Impact Report (State Clearinghouse No. 2022110624). The City Council finds that the EIR contains a complete and accurate reporting of all the environmental impacts associated with the Ordinance. The City Council further finds that the EIR has been completed in compliance with CEQA, 2019 Local Guidelines for Implementing the California Environmental Quality Act, and the State CEQA Guidelines. Further, based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required. A Notice of Determination has been prepared.
SECTION 3. Findings. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community.
SECTION 4. Findings Pursuant to Section 30-40 of FMC. The City of Fontana City Council hereby makes the following findings for Zoning and Development Code Amendment 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 following six “core” districts within the City’s Downtown: 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. The goal is to allow desirable 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 permit a density of up to fifty (50) units per acre with commercial development. Currently, the Form Based Code limits development up to thirty-nine (39) units per acre. The Multi-Family Core will allow for multi-family development up to thirty-nine (39) 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 permit an extra accessory dwelling unit (ADU) in addition to the State mandate on ADU’s. Multi-family development is permitted in the Neighborhood Core, but the minimum lot size is one acre.
SECTION 5. Approval. The City Council approves Zoning and Development Code Amendment No. 22-010 to amend the Zoning and Development Code to implement the Downtown Core as shown on Exhibit A (Attachment No. 7), and attached hereto and by this reference incorporated as though fully set forth herein.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of the adoption. This Ordinance shall be published by the City Clerk at least once in the Herald News or other local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
SECTION 7. Publication. This Ordinance shall be published by the City Clerk at least once in the Herald News or other local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
SECTION 8. 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. 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.
SECTION 9. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.
APPROVED AND ADOPTED this 25th day of July 2023.
READ AND APPROVED AS TO LEGAL FORM:
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City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 25th day of July 2023, and was finally passed and adopted not less than five days thereafter on the 12th day of September 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
ATTACHMENT NO. 6
Ordinance No. 2023 - ___