Fontana City Council
November 14, 2023

____________________________
Susana Gallardo
Specialist to the Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED BY THE PLANNING COMMISSION ON THE 3
rd DAY OF OCTOBER 2023.
_______________________
Cathline Fort
Chairperson
379
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2228 Agenda Date: 9/19/2023
Agenda #: PH-C Category: Public Hearing
FROM:

Planning Department
TITLE:

Master Case No. (MCN) 22-040, General Plan Amendment (GPA) 22-001, and Zoning District Map Amendment (ZCA) No. 22-001 to, pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, amend the General Plan land use designation from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH) and change the zoning from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) on a site of approximately 6.4 acres. No development is proposed as part of this project.

RECOMMENDATION:

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

1. Adopt the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and direct staff to file a Notice of Determination; and

2. Adopt a resolution approving General Plan Amendment (GPA) No. 22-001; and

3. Adopt an ordinance approving Zoning District Map Amendment (ZCA) No. 22-001.

APPLICANT:

SP Acquisition, LLC.

Jason Korengold
130 Vanita, Suite 200
Aliso Viejo, CA 92656
LOCATION:

The site is located on the north side of Merrill Avenue between Alder Avenue and Laurel Avenue (APNs: 0246-151-50, -51, -52, -56, -71, and -77).

REQUEST:

1. General Plan Amendment (GPA) No. 22-001 - a request to amend the General Plan land use designation from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH).

2. Zoning District Map Amendment (ZCA) No. 22-001 - a request to change the zoning designation from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4).

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File #: 21-2228 Agenda Date: 9/19/2023
Agenda #: PH-C Category: Public Hearing
PROJECT PLANNER:

Alexia De La Torre, Assistant Planner and Salvador Quintanilla, Senior Planner BACKGROUND INFORMATION:

A. Existing Land Use Designation
General Plan Zoning Existing Land Use
Site: Residential-Single
Family (R-SF)
Single-Family
Residential (R-1)
Parcels are primarily
vacant with the
exception of one (1)
existing single-family
house
North: Residential-Single
Family (R-SF)
Single-Family
Residential (R-1)
Single-Family Homes
South: Residential-Single
Family (R-SF)
Single-Family
Residential (R-1)
Single-Family
Homes/Elementary
School
East: Residential-Single
Family (R-SF)
Single-Family
Residential (R-1)
Single-Family Homes
West: Residential-Single
Family (R-SF)
Single-Family
Residential (R-1)
Single-Family Homes
PROJECT DESCRIPTION:

A. Background Information: The current site is vacant and surrounded by residential development. The site is located on the north side of Merrill Avenue and west of Alder Avenue, which both streets are classified as a Secondary Highway. The existing General Plan Land Use Designation is Single-Family Residential (R-SF) and the existing Zoning District is Single Family (R-1). No development is proposed as part of this project.

B. Project Site Area: Approximately 6.4 acres
C. Current Density: 2.1 - 5 du/ac
D. Proposed Density: 24.1 - 39 du/ac
ANALYSIS:

The applicant is requesting to amend the General Plan Land Use Designation from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH) and the Zoning District from Single-Family (R-1) to Multi-Family Medium/High Density Residential (R-4). At this time the applicant is not proposing any development on the site.

The proposed amendment is consistent with the following goals and policies of the Housing Element in the General Plan:

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Agenda #: PH-C Category: Public Hearing
· Provide adequate housing to meet the needs of all residents in Fontana. · Provide a high standard of quality in existing affordable housing stock.

Furthermore, the proposed project will meet the following policies of the Housing Element of the General Plan:
· Goal No.1, Policy No. 1.1, by providing a “Establish a range of rental and for sale housing opportunities in the city” and
· Goal No. 1, Policy No. 1.3 - “Promote the development and access to housing affordable to all income levels in Fontana”
The proposed project is adjacent to two streets classified as Secondary Highways. These streets currently provide public transportation along Alder Avenue and Merrill Avenue. The stops will be a benefit to future tenants as they will have a short walk to public transportation stations. Future tenants would also have a school within walking distance.

The amendment will present an opportunity for development to be constructed at a higher density which will allow City to have a wider variety of housing types for residents. This amendment will increase the unit count and provide opportunity for attainable or market rate housing. Also, this amendment will assist the City of Fontana in meeting its Regional Housing Needs Assessment (RHNA) numbers. This change will increase the unit count from the existing maximum of 32 residential units (6.4 acres x 5.0/acres = 32) to 249 residential units (6.4 acres x 39 units/acre = 249).

The proposed amendment will increase the potential residential units count by 217 units. The potential for additional new housing is consistent with State housing goals as well as the City’s goal to encourage additional housing opportunity. Any future development will come before the Planning Commission for consideration.

Environmental:

An Initial Study (IS)/Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program has been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA. The IS concluded that no impacts would be caused by the project; therefore, a Mitigated Negative Declaration and a Notice of Determination have been prepared for the Planning Commission’s consideration. The Initial Study/Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program can be found at <https://www.fontanaca.gov/2137/Environmental-Documents>.

MOTION:

Approve staff’s recommendation.

ATTACHMENTS:

1. Vicinity Map

2. Existing and Proposed General Plan Land Use Designation

3. Existing and Proposed Zoning District

4. Planning Commission Resolution and Findings

5. Notice of Determination

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ATTACHMENT NO. 1

VICINITY MAP
DATE: September 19, 2023
CASE: Master Case No. 22-040
General Plan Amendment No. 22-001
Zone Change Application No. 22-001CITY OF FONTANA PLANNING

DEPARTMENT
3845
0 75 150 300
Feet Proposed General Plan Amendment
Figure 3
Page X-X
Source(s): City of Fontana (2021), ESRI, Nearmap Imagery (2022), SB County (2022) Mitigated Negative Declaration
City of Fontana

ALDER AVE

LAUREL AVE

MERRILL AVE

CITRON AVE

CITRON AVE
R-MFMH
R-SF
R-SF

R-SF P-PF

ALDER AVE

LAUREL AVE

MERRILL AVE

CITRON AVE

CITRON AVE
R-SF
R-SF
R-SF

R-SF P-PF
Alder and Merrill Change of Zone

EXISTING

PROPOSED
Legend
City of Fontana
General Plan Land Use Designations
Project Site
Multi Family Median/High Residenerial (R-MFMH)
Single-Family Residential (R-SF)
Public Facilities (P-PF)
3856
0 75 150 300
Feet Proposed Change of Zone
Figure 4
Page X-X
Source(s): City of Fontana (2021), ESRI, Nearmap Imagery (2022), SB County (2022) Mitigated Negative Declaration
City of Fontana

ALDER AVE

LAUREL AVE

MERRILL AVE

CITRON AVE

CITRON AVE
R-4
R-1
R-1
R-1 P-PF

ALDER AVE

LAUREL AVE

MERRILL AVE

CITRON AVE

CITRON AVE
R-1
R-1
R-1
R-1 P-PF

PROPOSED
Alder and Merrill Change of Zone

EXISTING
Legend
City of Fontana
Zoning Classifications
Project Site
Multi Family Medium/High Density Residential (R-4)
Single Family (R-1)
Public Facility (P-PF)
3867
ATTACHMENT NO. 4
RESOLUTION PC NO. 2023-___

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

FONTANA RECOMMENDING THAT THE CITY COUNCIL APPROVE

PURSUANT TO A MITIGATED NEGATIVE DECLARATION, A
GENERAL PLAN AMENDMENT (GPA) 22-001 AND ZONING
DISTRICT MAP AMENDMENT (ZCA) NO. 22-001 TO CHANGE THE

GENERAL PLAN LAND USE DESIGNATION FROM SINGLE-FAMILY

RESIDENTIAL (R-SF) TO MULTI-FAMILY MEDIUM/HIGH DENSITY

RESIDENTIAL (R-MFMH) AND THE ZONING FROM SINGLE-FAMILY
RESIDENTIAL (R-1) TO MULTI-FAMILY MEDIUM/HIGH DENSITY
RESIDENTIAL (R-4) ON AN APPROXIMATELY 4.6 ACRE SITE.

WHEREAS, on January 25 ,2022, the City of Fontana (“the City”) received an application from Jason Korengold (“Applicant”), on behalf of SP Acquisition LLC, for General Plan Amendment No. 22-001 and Zoning District Map Amendment No. 22- 001 to amend the General Plan land use designation on the north side of Merrill Avenue, between Alder Avenue and Laurel Avenue (APNs: 0246-151-50, -51 -52, -56, -71 and -77) from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH) and to change the zoning from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) for approximately 4.6 gross acres; and,
WHEREAS, an amendment to the General Plan and Zoning Code will provide an opportunity for the development of a higher density and a wider variety of housing types for residents; and
WHEREAS, an amendment to the General Plan and Zoning Code will provide opportunity for attainable or market rate housing; and
WHEREAS, an amendment to the General Plan and Zoning Code will assist the City in meeting its Regional Housing Needs Assessment (RHNA) numbers; and WHEREAS, General Plan Amendment No. 22-001 and Zoning Code Amendment No. 22-001 are supported by the goals and policies of the General Plan; and
WHEREAS, pursuant to the California Environmental Act (CEQA), an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program were completed on July 28, 2023, and concluded that no significant impacts would be caused by the project, therefore, a Mitigated Negative Declaration has been recommended for adoption; 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; and, WHEREAS, the owners of property within 660 feet of the proposed project site were notified via public hearing notice mailer prior to the Public Hearing; and a notice 3878
Resolution PC No. 2023-____

of the public hearing was published in the Fontana Herald newspaper on August 25, 2023, at City Hall and at the project site; and,
WHEREAS, the Commission carefully considered all information, evidence, and testimony presented at its public hearing on September 19, 2023 pertaining to the General Plan Amendment No. 22-001 and Zoning District Map Amendment No. 22- 001; and,
WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred.

NOW, THEREFORE, the Planning Commission RESOLVES as follows:

Section 1. Recitals. The above recitals are incorporated herein by reference.

Section 2. CEQA. The Planning Commission has reviewed and considered the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, any oral or written comments received, and the administrative record prior to making any decision on the proposed project. The Planning Commission finds that the Initial Study/Mitigated Negative Declaration 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 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been completed in compliance with the 2019 Local CEQA Guidelines and the State CEQA Guidelines.

Section 3. General Plan Amendment Findings. The City of Fontana Planning Commission hereby makes the following findings for General Plan Amendment No. 22- 001 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: An amendment of the General Plan Land Use Designation of the site from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH) would allow for the future construction of potentially 249 residential units as opposed to the current 32 units allowed in this total area combined. The amendment provides the opportunity for the City to gain additional residential units to provide more housing. This project will bring a variety of residential units to the City from market rate to attainable units. The additional residential units will help the long-term growth of the City, as well as reduce the RHNA number for the City. Furthermore, amendment is consistent with the goals and policies in the General Plan and reflects the current desires and needs of the citizens.
3889
Resolution PC No. 2023-____

Section 4. Zoning District Map Amendment Findings. The City of Fontana Planning Commission hereby makes the following findings for Zoning District Map Amendment No. 22-001 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 zoning designation change from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) will allow for the construction of potentially 249 residential units as opposed to the current 32 units within this area. The surrounding streets are adequate to for the future development of multi-family.

The proposed project will bring long-term growth for the City and will promote and motivate additional growth around this area. The zone change will allow the development of a multi-family project which will reviewed by the Planning, Fire, and Building Department. Additionally, the future development will be required to meet all the Fire Code, Building Code, and Fontana Municipal Code. Therefore, the proposed zone change will promote public's health, safety, or general welfare.

Section 5. Recommendation. Based on the foregoing, the City of Fontana Planning Commission recommends that the City Council adopt a resolution adopting the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Reporting Program and direct staff to file the Notice of Determination and approving General Plan Amendment No. 22-001 and Zoning District Map Amendment No. 22-0001 subject to the findings as indicated herein.

Section 6. Effective Date. This Resolution shall become effective immediately upon its adoption.

Section 7. 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 8. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

Section 9. 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 38910
Resolution PC No. 2023-____

not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application.

PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 19th day of September 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 19th day of September 2023, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Ralph Thrasher, Secretary
39011

NOTICE OF DETERMINATION
TO: _X_ County Clerk, County of FROM: City of Fontana
San Bernardino Planning Department
8353 Sierra Avenue
___ Office of Planning and Research Fontana, CA 92335
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code.

Project Title: General Plan Amendment (GPA) No. 22-001, and Zoning District Map Amendment No. 22-001 (Master Case (MCN) No. 22-040) – Alder and Merrill GPA and Zone Change.

State Clearinghouse Number: N/A
Name of Person or Agency carrying out project: Jason Korengold, SP Acquisition, LLC.

Project Location: The project site is located on the north side of Merrill Avenue between Alder Avenue and Laurel Avenue (APNs: 0246-151-50, -51, -52. -56, -71, and -77) Project Description: General Plan Amendment No. 22-001 and Zoning District Map Amendment No. 22-001 (MCN No. 22-040) for a proposed General Plan Amendment and a Zoning District Map Amendment to amend the General Plan land use designation from Single-Family Residential (R-SF) to Multi-Family Medium High Density Residential (R-MFMH) and change the zoning from Single-Family Residential (R-1) to Multi-Family/High Density Residential (R-4). No development is proposed as part of this project.

This is to certify that the City of Fontana approved the above-described project on September 19, 2023, and made the following determinations:

1. The project __ will _X_ will not have a significant effect on the environment.

3. Mitigation measures X were __ were not made a condition of the approval of the project.

4. A Statement of Overriding Considerations __ was _X_ was not adopted for this project.

5. Findings X were ___ were not made pursuant to the provisions of CEQA.

6. The location and custodian of the documents which comprise the record of proceedings for the Addenda are specified as follows:

Custodian: City of Fontana, Planning Department
Location: 8353 Sierra Avenue, Fontana, CA 92335
____________________________
Salvador Quintanilla
Senior Planner
Date Received for Filing
ATTACHMENT NO. 5 39112

NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE

DECLARATION AND NOTICE OF PUBLIC HEARING
SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.

The Project site is not on any properties listed under Section 65962.5 of the Government Code.

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

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

Master Case No. 22-040:

General Plan Amendment (GPA) No. 22-001, and Zone Change (ZC) No. 22-001 The Project consists of a proposed General Plan Amendment and a Zone Change for a 6.4-acre property (“Project Site”) that is located north of Merrill Avenue, between Alder Avenue and Laurel Avenue. The General Plan Amendment would change the General Plan land use designation from Single-Family Residential (R-SF) to Multi-Family Medium High Density Residential (R-MFMH) and the zoning from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4). No development is proposed as part of this project.

Environmental
Determination:

Pursuant to Section No. 15070 of the
California Environmental Act (CEQA)
and pursuant to Section No. 6.04 of the
2019 Local Guidelines for Implementing
CEQA an Initial Study (IS), Mitigated
Negative Declaration (MND), and
Mitigation Monitoring and Reporting
Program has been prepared for this
project. Based on the information in the
Initial Study, no significant impact is
anticipated as a result of project
implementation, with mitigation
incorporated, and a Mitigated Negative
Declaration has been prepared for the
Planning Commission’s consideration.

Location of
Property:

The Project Site is located North of Merrill Avenue between Alder Avenue and Laurel Avenue. The approximately 6.4-acre Project Site includes six (6) parcels, including Assessor Parcel Numbers (APNs) 0246-151-50, -51, -52, -56, -71, and -77.

Date of Hearing: September 19, 2023
ATTACHMENT NO. 6 39213
Place of Hearing: City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 6:00 p.m.

The Initial Study and Mitigated Negative Declaration are available for public review from August 24, 2023 until September 18, 2023, at the Planning Department counter and on the City of Fontana’s website, https://www.fontanaca.gov/2137/Environmental-Documents. Should you have any questions concerning this project, please contact Alexia De La Torre, Assistant Planner, at (909) 350-6568 or at [email protected] or Salvador Quintanilla, Senior Planner, at (909) 350-6656 or [email protected].

ANY INTERESTED PARTY MAY APPEAR AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION IN THE PLANNING DEPARTMENT, CITY HALL.

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

Publish date: August 25, 2023
39314

NOTICE OF PUBLIC HEARING
ATTACHMENT NO. 5
SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.

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

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

Master Case No. 22-040: General Plan Amendment (GPA) No. 22-001, and Zone District Map Amendment (ZCA) No. 22-001: The Project consists of a proposed General Plan Amendment and a Zone Change for a 6.4-acre property (“Project Site”) that is located north of Merrill Avenue, between Alder Avenue and Laurel Avenue. The General Plan Amendment would change the General Plan land use designation from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH) and the zoning from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4). No development is proposed as part of this project.

Environmental
Determination:

Pursuant to Section No. 15070 of the
California Environmental Act (CEQA)
and pursuant to Section No. 6.04 of the
2019 Local Guidelines for Implementing
CEQA an Initial Study (IS), Mitigated
Negative Declaration (MND), and
Mitigation Monitoring and Reporting
Program has been prepared for this
project. Based on the information in the
Initial Study, no significant impact is
anticipated as a result of project
implementation, with mitigation
incorporated, and a Mitigated Negative
Declaration has been prepared for the
City Council ’s consideration.

Location of
Property:

The Project Site is located on the north side of Merrill Avenue between Alder Avenue and Laurel Avenue. The approximately 6.4-acre Project Site includes six (6) parcels, including Assessor Parcel Numbers (APNs) 0246-151-50, -51, -52, -56, -71, and -77.

Date of Hearing: November 14, 2023
Place of Hearing: City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 7:00 p.m.
394
The Initial Study and Mitigated Negative Declaration is available for public review at the Planning Department counter and on the City of Fontana’s website, https://www.fontanaca.gov/2137/Environmental-Documents. Should you have any questions concerning this project, please contact Alexia De La Torre, Assistant Planner, at (909) 350-6568 or at [email protected] or Salvador Quintanilla, Senior Planner, at (909) 350-6656 or [email protected].

ANY INTERESTED PARTY MAY APPEAR AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION IN THE PLANNING DEPARTMENT, CITY HALL.

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

Publish date: November 3, 2023
395
ATTACHMENT NO. 6
RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING THE MITIGATED NEGATIVE DECLARATION (MND) ALONG

WITH A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)

PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) , AND APPROVING GENERAL PLAN AMENDMENT NO. 22-005, (PART NO. 2 OF GENERAL PLAN AMENDMENT CYCLE NO. 4 OF 2023) TO CHANGE THE GENERAL PLAN LAND USE MAP ON EXHIBIT NO. 15.8 IN CHAPTER 15 OF THE GENERAL PLAN FOR APNS: 0230-041-33, -44, -52, -60, AND -61, TOTALING APPROXIMATELY 2.4 ADJUSTED GROSS

ACRES, FROM SINGLE-FAMILY RESIDENTIAL (R-SF) TO WALKABLE MIXED USE CORRIDOR & DOWNTOWN (WMXU-1) AND A DESIGN
REVIEW PROJECT (DRP) 22-020 TO DEVELOP A NEW 24-UNIT MULTIFAMILY- PROJECT ON TWO (2) PARCELS, APNS 0230-041-52 AND -60, TOTALING APPROXIMATELY 0.9 GROSS ACRES
WHEREAS, assessor parcel numbers 0230-041-33, -44, -52, -60, and -61 were annexed from San Bernardino County and incorporated into the City of Fontana on June 21, 2005 (Annex 2968); and
WHEREAS, on November 13, 2018, the most recent edition of the City of Fontana General Plan (“General Plan”) was adopted by the Fontana City Council (“City Council”); and
WHEREAS, on March 8, 2022, the City of Fontana (“the City”) received an application from SA Golden Investment, Inc. (“Applicant”), for five (5) existing lots on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue, more specifically known as APNs: 0230-041- 33, -44, -52, -60, and -61 (“Project Site”), for a General Plan Amendment (“GPA No. 22- 005”) to amend the land use designation as illustrated on Exhibit 15.8 in Chapter 15 of the General Plan from Single-Family Residential (R-SF) to Walkable Mixed Use Corridor & Downtown (WMXU-1) for the Project Site, a Zoning District Map Amendment (“ZCA No. 22-006”) to amend the Zoning District Map from Residential-Single Family (R-1) to Form-Based Code (FBC) for the Project Site, a Development Code Amendment (“ZCA No. 22-007”) to update the Form-Based Code map to identify the Project Site as a Route 66 Gateway sub district and a Design Review (DRP No. 22-020) to develop a new 24- unit multi-family project on APNs: 0230-041-52 and 60. All of the amendments together are known as Master Case Number 22-037 (“MCN 22-037”); and, WHEREAS, the amendments to the General Plan will contribute to additional residential dwelling units that will provide a sustainable community where future occupants of the Project Site could live and utilize the services in the area as anticipated in the General Plan; and
WHEREAS, an amendment to the General Plan will assist the City in meeting its Regional Housing Needs Assessment (RHNA) number and will increase the unit count from the existing maximum of 12 residential units to a maximum of 93 residential units; and
396
Resolution No. 2023-_____
ATTACHMENT NO. 6

WHEREAS, MCN 22-037 is supported by the goals and policies of the General Plan; and
WHEREAS, the General Plan Amendment is considered a “Project” as defined by the California Environmental Quality Act (CEQA); and
WHEREAS, pursuant to the California Environmental Act (CEQA), an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was published on August 9, 2023, and determined that, with mitigation, no significant impacts would be result from the project, therefore, a Mitigated Negative Declaration has been recommended for adoption; and
WHEREAS, all the notices required by statute and the Fontana Municipal Code have been given as required; and
WHEREAS, on October 17, 2023, the Fontana Planning Commission (“Planning Commission”) conducted a publicly noticed hearing and received public testimony and evidence presented by the Applicant, City staff, and other interested parties, at the Public Hearing held on the project, MND, MMRP and MCN 22-037, and recommended approval with a vote of 3-0 to the City Council by Resolution No. 2023-036; and WHEREAS, on November 14, 2023, the City Council conducted a noticed public hearing on the project, MND, MMRP and MCN 22-037, received testimony from all parties and documentation from the Planning Commission’s public hearing on October 17, 2023; and
WHEREAS, based on the information presented to and evidence received by the City Council at the public hearing held on November 14, 2023 for the project, MND, MMRP, and MCN 22-037, the City Council found that the amendments and project are in conformance with the goals and policies of the General Plan; and WHEREAS, the City wishes to protect and preserve the quality of the life through effective land use and planning; and
WHEREAS, pursuant to Government Code Section 65358 on November 14, 2023 the City Council adopted one General Plan Amendment in the following five parts: Part No. 1 – GPA No. 22-001, Merrill Land Use Re designation; Part No. 2 – GPA No. 22-005, Banana North Apartments; Part No. 3–GPA No. 22-007, Poplar South Distribution Center Project Part No. 4– GPA No. 23-003, Arrow and Tokay Land Use Re designation; and Part No. 5 – GPA No. 23-004, Citrus/Oleander Industrial Commerce Center; and NOW, THEREFORE, the City Council RESOLVES as follows:

SECTION 1. Recitals. The recitals are true and correct and incorporated herein by this reference.
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SECTION 2. CEQA. The City Council hereby adopts the Mitigated Negative Declaration along with the MMRP for the proposed project. The City Council finds that the Mitigated Negative Declaration contains a complete and accurate reporting of all the environmental impacts associated with the Project. The City Council further finds that the Mitigated Negative Declaration has been completed in compliance with CEQA, 2019 Local Guidelines for Implementing the California Environmental Quality Act, and the State CEQA Guidelines.

SECTION 3. General Plan Amendment Findings. The City Council hereby makes the following findings for GPA No. 22-005 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 project includes an amendment to the General Plan land use designation (GPA No. 22-005) to change General Plan land use map, Exhibit No. 15.8, from Single--Family Residential (R-SF) to Walkable Mixed Used Corridor & Downtown (WMXU-1); a Zoning District Map Amendment (ZCA No. 22-006) to update the zoning map from Single--Family Residential (R-1) to Form-Based Code (FBC), a Development Code Amendment (ZCA No. 22-007) to change the Form-Based Code map to identify the Project Site as a Route 66 Gateway, and a Design Review Project (DRP 22-020) to construct a new 24-unit apartment project on two (2) parcels (APNs 0230-041-52 and -60) totaling approximately 0.9 gross acres. The GPA will continue to provide a land use designation to allow for the development of various housing types, which meets the long term goal of the City.

SECTION 4. Design Review Findings. The City of Fontana’s, Planning Commission hereby makes the following findings for Design Review No. 22-020 in accordance with Section No. 30-120 “Findings for Approval” for Design Review of the Zoning and Development Code:

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

Findings of Fact: The project site is located on east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue. The project site has a General Plan land use designation of Single-Family Residential (R-SF). After the approval of General Plan Amendment No. 22-005, to change the General Plan land use map from Single-Family Residential (R-SF) to Walkable Mixed Use Corridor & Downtown (WMXU-1) for the properties of APNs: 0230-041-33, -44, -52, -60, and -61, totaling approximately 2.4 adjusted gross acres 398
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total, the project site will be consistent with the WMXU-1 land use designation. The WMXU-1 designation is intended to provide for the creation of areas that allow residents and visitors to walk, bike and take transit to other uses for work, study, shopping, entertainment, recreation and civic activities. Furthermore, the project will provide compact residential development within walking distance of planned public transit stops and neighborhood shopping areas. Uses include a variety of medium-density to high-density residential types, commercial and open space. WMXU-1 residential densities range from 3 to 39 dwelling units per acre. The designation was created to cover the half-mile walking distance radii (known as “walksheds”) from planned public transit stops. This use will be allowed within the applicable General Plan land use area.

The General Plan is the document that sets the framework for the City of Fontana and provides the overall policies for development within the community. Furthermore, the General Plan encourages variety of development including residential uses.

The Applicant has request a site and architectural review of a new 24-unit apartment project over two parcels, APNs 0230-041-52 and -60, totaling approximately 0.9 gross acres. The total building area is approximately 43,986 square feet, within one (1) three-story building with 1-bedrooms (944 square feet), 2-bedrooms (1,090 square feet), and 3-bedrooms (1,333 square feet) units.

The project will encompass a Tuscan architectural style for the apartment buildings. The elevations include varying warm and neutral hues. A variety of design features and materials are provided on the elevations such as stone veneer, arched wall openings, decorative window treatment and shutters, varied rooflines, and other features appropriate to the Tuscan architecture. The variety in color and material will provide for an architecturally pleasing project that will enhance the character of the neighborhood.

This development meets the criteria contained in the Design Review section of the Municipal Code. Additionally, the project is aesthetically enhanced with architectural detail and the site design incorporates elements resulting in a desirable development. The buildings will not exceed the maximum height of 38-foot. The project has high-quality architectural design and will be an appropriate and desirable development for the community.

Finding No. 2: The proposal meets or exceeds the criteria contained in this chapter 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 located within the Route 66 Gateway subdistrict of the Form-Base Code (FBC) zoning district and has been determined to 399
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be aesthetically and architecturally pleasing and compatible with the neighborhood. The apartment complex is contemporary and true to style and compatible with the surrounding homes, resulting in highquality architectural design appropriate and desirable for the surrounding community. The development will enhance the character of the surrounding residential area through appropriate attention to aesthetics and design.

The project includes street improvements: sidewalks, drainage, grading, and perimeter walls to provide a safe and well-designed complex. The project has been reviewed by the City of Fontana’s Planning, Engineering, Building and Safety, and Fire Prevention Departments (“Departments”) for site circulation, access, and safety.

The Departments have determined that the project meets or exceeds the standards of the Zoning and Development Code and will provide a safe design for normal public access provided the project complies with the Conditions of Approval.

Finding No. 3: The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

Findings of Fact: The project will provide much needed improvements to the project site and surrounding area. The project includes street
improvements: sidewalks, drainage, grading and perimeter walls to provide a safe and well-designed complex. The apartment complex has been reviewed by the City of Fontana’s Planning, Engineering, Building and Safety, and Fire Prevention Departments
(“Departments”) for site circulation, access, and safety. The Departments have determined that the project meets or exceeds the standards of the Zoning and Development Code and will provide a safe design for normal public access provided the project complies with the Conditions of Approval. This structure will be built pursuant to all applicable building, zoning and fire codes standards and therefore, shall promote the public health, safety, and welfare of the surrounding community.

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

Findings of Fact: The project has been determined to be appropriate and will result in a safe, well-designed facility. There will be one (1) main vehicle access points to the site. The main entrance will be accessed from Banana Avenue. The driveway is designed to accommodate
passenger vehicle traffic and service vehicles, as necessary. The project has been reviewed by the City of Fontana’s Planning, Engineering, Building and Safety, and Fire Prevention Departments (“Departments”) for site circulation, access, and safety. The 400
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Departments have determined that the project meets or exceeds the standards of the Zoning and Development Code and will result in a safe, well-designed facility provided the project complies with the Conditions of Approval. The character of the surrounding neighborhood reflects residential uses consisting primarily of multi-family dwellings, attached and detached single-family homes.

SECTION 5. General Plan Amendment Approval. Based on the findings in Section 3, the City Council hereby approves GPA No. 22-005 to change General Plan land use designation for the Project Site as illustrated in Exhibit No. 15.8 (General Plan land use map) from Single Family Residential (RSF) to Walkable Mixed Used Corridor & Downtown (WMXU1), which is comprised of five (5) parcels as shown as Exhibit “A” attached hereto and incorporated herein by reference as fully set forth herein.

SECTION 6. Design Review Approval. Based on the findings in Section 4 the City Council of the City of Fontana hereby approves Design Review No. 22-020 subject to the Conditions of Approval, which are attached hereto as Exhibit “B” and incorporated herein by reference as though fully set forth herein.

SECTION 7. Effective Date. This Resolution shall take effect thirty (30) days after the adoption of the City Council Ordinance adopting Zoning District Map Amendment (ZCA No. 22-006) and City Council Ordinance adopting Development Code Amendment (ZCA No. 22-007) 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 8. 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 No. 21081.6.

SECTION 9. Certification. The City Clerk of the City Council shall certify to the adoption of this Resolution.

SECTION 10. 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.

PASSED, APPROVED AND ADOPTED this 14th day of November 2023.

READ AND APPROVED AS TO LEGAL FORM:
_____________________
City Attorney
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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 14th day of November 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
______________________________________
City Clerk
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EXHIBIT “A”
EXISTING AND PROPOSED GENERAL PLAN LAND USE DESIGNATION - FOR FIVE (5) PARCELS, (APNS: 0230-041-33, -44, -52, -60, AND -61) GROSS ACRES, FROM

SINGLE-FAMILY RESIDENTIAL (R-SF) TO WALKABLE MIXED USED CORRIDOR & DOWNTOWN (WMXU-1) TOTALING APPROXIMATELY 2.4 ADJUSTED
Existing General Plan Land Use Designation – R-SF
Proposed Walkable Mixed-Use Corridor and Downtown
(WMXU-1)
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“EXHIBIT B”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Design Review No. 22-020 DATE: November 14, 2023 Master Case No. 22-037
LOCATION: The project site is located at 8155 Banana Avenue APNs: 0230-041-33, - 44, -52, -60, and -61
PLANNING DEPARTMENT:

1. The applicant/developer/property owner 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 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 legal counsel. The applicant shall be responsible and reimburse 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.
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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 Department inspection, has commenced within this period.

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

4. This project shall comply with all applicable provisions, regulations and development standards of the City of Fontana Municipal Code

5. 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 all of the following have occurred:

A. All requirements of the City of Fontana’s Municipal Code shall be complied with.

B. All Conditions of Approval imposed on this project have been fulfilled.

C. 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 final inspection and acceptance of the work.

6. Upon discovery of any cultural tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All cultural tribal 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.

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.

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 405
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archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified.

7. 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 residential structure until corrections are approved in writing by all appropriate staff.

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

A. Use of noise-producing equipment will be limited to the interval from 8:00 a.m. to 5:00 p.m., Monday through Friday.

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:
i. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers.
ii. Temporarily enclose localized and stationary noise sources.

9. Prior to Certificate of Occupancy, a Property Maintenance Agreement shall be entered into, with the City of Fontana to maintain all landscaping, parking lot, drainage, lighting, and paved areas within the project in accordance with the standards of repair, maintenance and cleanliness specified in the plans submitted and approved by the Planning Department. If such landscaping, parking lot, drainage, lighting and paved areas are not maintained, such Agreement grants to the City such rights of access, ingress and egress upon and across the project site as deemed necessary to undertake and complete corrective action and assess actual City cost against the applicant/owner/tenant and against the property. The Agreement shall also be incorporated by referencing the Covenants, Conditions and Restrictions (CC&R’s) recorded against the property, if any, and recorded with the County Recorder’s office.

10. The Director of Planning, or his/her designee, shall have the authority for minor architectural changes focusing around items such as window treatments, color combinations, façade treatments, and architectural relief. Questions on the 406
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interpretation of this provision or changes not clearly within the scope of this provision shall be submitted to the Planning Commission for consideration under a Revision to the Design Review.

11. Foam treatment used for architecture features and/or projections located on the first floor (under 14 feet) shall be covered with concrete or similar durable material of a minimum of ¼ inch thick, or as determined by the Director of Planning.

12. If solar panel systems are installed on the roof of any residential structure, the installation shall be on top or above the approved roof tile. If a solar panel system is flush-mounted to the roof, matching roof tiles shall be replaced immediately upon removal of the solar panels.

13. No solid masonry wall shall be less than a minimum of six (6) foot tall and no higher than nine (9) foot from top of ground when used in combination with a retaining wall unless otherwise stated in mitigations for this project.

14. All new block walls shall be constructed with a decorative block and capped with a prefabricated block cap to match the existing walls on the adjacent properties, where applicable.

15. Wall-mounted decorative lighting fixtures shall be provided at the front porch area.

16. Prior to the issuance of a Certificate of Occupancy, 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.

17. The applicant/developer/property owner shall employ a certified professional manager or management company to provide maintenance, security, and other services. The professional manager or management company shall be California Association of Community Managers (CACM) certified or equivalent.

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 Manger’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Section No. 30-30 of the Municipal Code.

19. The current Development Fees shall be paid.

20. All future monument signs shall be reviewed under a separate Design Review Sign application.
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21. The applicant/developer/property owner shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration Mitigation Monitoring and Reporting Program as approved by the City Council on November 14, 2023.

22. The applicant/developer/property owner shall pay all applicable service fees pursuant to the City of Fontana Municipal Code.

Prior to Issuance of Building /Construction Permits

23. The applicant/developer/property owner 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.

ENGINEERING LAND DEVELOPMENT:

24. 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.

25. The applicant/developer/property owner 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 No. 27-52 of the City Municipal Code and in accordance with plans and specifications approved by the City Engineer.

26. The applicant/developer/property owner shall maintain all improvements and utilities within the public right-of-way, including street sweeping, prior to issuance of final certificate of occupancy by the City.

Prior To Issuance of Grading Permit

27. The applicant/developer/property owner 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.

28. The applicant/developer/property owner shall submit and gain approval of a final drainage study prepared in accordance with the County of San Bernardino Hydrology Manual and Fontana Master Plan of Drainage.

Prior To Issuance of Construction Permits

29. The applicant/developer/property owner shall provide a Land Improvement Agreement with accompanying security. The agreement shall be executed on Cityprovided forms. 408
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30. The applicant/developer/property owner shall provide a Land Improvement Agreement with accompanying security. The agreement shall be executed on City-provided forms.

31. The applicant shall a) record a lot line adjustment to merge both parcels together and b) dedicate right-of-way on Banana Avenue.

32. The applicant shall record an easement with the adjacent property owner for proposed improvements through the frontage of 8161 Banana Avenue.

33. The applicant/developer/property owner 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 Final Certificate of Occupancy

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

35. The Applicant/Engineer shall replace any existing survey monuments damaged or removed during construction.

36. The 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).

37. 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.

38. 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.

39. 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. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.
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BUILDING AND SAFETY DEPARTMENT:

40. The applicant/developer/property owner 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

41. The applicant/developer/property owner shall install an automatic fire suppression system, which is required in all new construction per FMC Chapter 11 Article II.

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.

42. 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.

43. The applicant/developer/property owner 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.

44. The applicant/developer/property owner shall verify that all perimeter/boundary walls are 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.

45. The applicant/developer/property owner shall comply with the following 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, such as a public street, a 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. 410
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F. Minimum slope or grade for ALL drainage structures shall be one half (0.5) 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 a 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 and Safety Department.

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.

46. The applicant/developer/property owner is required to obtain permits prior to the removal and/or demolition of structures.

47. The applicant/developer/property owner 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

48. The following items (as applicable) shall be completed and/or submitted to Building and Safety Department prior to the issuance of building permits for this project:

A. Precise grading plans shall be approved
B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector

49. A complete accessibility plan will be required to show compliance with CBC Ch 11. 411
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50. Please be aware that a Construction Waste Management Plan (CWMP) will be required at time of plan check submittal. For more information regarding waste diversion, please contact Burrtec Waste at (909) 889-0911.

51. For more information related to Building & Safety, please visit our web page at https://www.fontana.org/136/Building-Safety.

FIRE PROTECTION DISTRICT:

52. 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/developer/property owner 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.

53. Fire Access Road Width: Prior to map recordation, (if applicable), 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

54. Turnaround: An approved turnaround shall be provided at the end of each roadway one hundred and fifty (150) feet or more in length. The applicant/developer/property owner shall construct and maintain the approved turnaround at all times.

55. 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

56. Water System: Prior to Lot Line Adjustment recordation, 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 BB 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 three hundred (300) 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: 2,500 GPM for a two-hour duration at 20 psi residual operating pressure. Fire Flow is based on a 43,986 square foot structure.

57. Hydrant Marking: Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCoFD Standard W-2 412
Resolution No. 2023-_____
ATTACHMENT NO. 6

58. Water System Certification. The applicant/developer/property owner shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the jobsite. California Fire Code Chapter 5

59. Combustible Protection: Prior to combustibles being placed on the project site an approved paved roadway providing fire access and fire hydrants providing an acceptable fire flow shall be installed. California Fire Code Chapter 5

60. Fire Sprinkler-NFPA #13: An automatic fire sprinkler system complying with National Fire Protection Association (NFPA) 13 and Fire Department standards are required.

A fire sprinkler contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The plans shall include hydraulic calculations and manufacturer specification sheets. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9 & SBCoFD Standard F-1

61. Fire Sprinkler-NFPA #13R: An automatic fire sprinkler system complying with National Fire Protection Association (NFPA) 13R and Fire Department standards are required. A fire sprinkler contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The plans shall include hydraulic calculations and manufacturer specification sheets. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9 & SBCoFD Standard F-3

62. Fire Alarm, Waterflow Monitoring: A water flow monitoring fire alarm system complying with the California Fire Code, National Fire Protection Association (NFPA) and all applicable codes is required for fire sprinkler systems with twenty (20) sprinkler heads or more. A fire alarm contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9, NFPA 72 & SBCoFD Standard F-5

63. Fire Extinguishers: Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department. California Fire Code Chapter 9

64. Addressing: The street address shall be installed on the building with numbers that are a minimum of four (4) inches in height and with a one half (½) inch stroke. The address shall be visible from the street. During the hours of darkness, the numbers shall be internally and electrically illuminated with a low voltage power source.

Numbers shall contrast with their background and be legible from the street. Where the building is fifty (50) feet or more from the roadway, additional contrasting four (4) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B-1
413
Resolution No. 2023-_____
ATTACHMENT NO. 6

65. Illuminated Site Diagram: The applicant/developer/property owner shall submit for review and approval a site diagram plan to the Fire Department. The applicant/developer/property owner shall install at each entrance to a multi-family complex an illuminated diagrammatic representation of the complex, which shows the location of each unit and each fire hydrant. California Fire Code Chapter 5 & SBCoFD Standard B-1

66. Key Box. An approved Fire Department key box is required. The key box shall be provided with a tamper switch and shall be monitored by a Fire Department approved central monitoring service. California Fire Code Chapter 5 & SBCoFD Standard A-4

END OF CONDITIONS OF APPROVAL
414
ATTACHMENT NO. 7
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,

APPROVING, PURSUANT TO A MITIGATED NEGATIVE DECLARATION, ZONING DISTRICT MAP AMENDMENT NO. 22-006 TO UPDATE THE ZONING MAP FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO FORM-BASED CODE (FBC) FOR FIVE (5) PARCELS APNS: 0230-041-33, -44, -52, -60, AND -61, TOTALING APPROXIMATELY 2.4 ADJUSTED GROSS ACRES.

WHEREAS, assessor parcel numbers 0230-041-33, -44, -52, -60, and -61 were annexed from San Bernardino County and incorporated into the City of Fontana on June 21, 2005 (Annex 2968); and
WHEREAS, On November 13, 2018 the most recent edition of the City of Fontana General Plan (“General Plan”) was adopted by the Fontana City Council (“City Council”); and
WHEREAS, on March 8, 2022, the City of Fontana (“the City”) received an application from SA Golden Investment, Inc. (“Applicant”), for five (5) existing lots on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue, more specifically known as APNs: 0230-041- 33, -44, -52, -60, and -61 (“Project Site”), for a General Plan Amendment (“GPA No. 22- 005”) to amend the land use designation illustrated on Exhibit 15.8 in Chapter 15 of the General Plan from Single-Family Residential (R-SF) to Walkable Mixed Use Corridor & Downtown (WMXU-1) to Walkable Mixed Use Corridor & Downtown (WMXU-1) for the Project Site , a Zoning District Map Amendment (“ZCA No. 22-006”) to amend the Zoning District Map from Residential-Single Family (R-1) to Form-Based Code (FBC) for the Project Site, a Development Code Amendment (“ZCA No. 22-007”) to update the FormBased Code map to identify the Project Site as a Route 66 Gateway sub district and a Design Review (DRP No. 22-020) to develop a new 24-unit multi-family project on APNs:
0230-041-52 and 60. All of the amendments together are known as Master Case Number 22-037 (“MCN 22-037”); and,
WHEREAS, the amendments to the Zoning District Map will contribute to additional residential dwelling units that will provide a sustainable community where future occupants of the Project Site could live and utilize the services in the area as anticipated in the General Plan; and
WHEREAS, the Zoning District Map Amendment is considered a “Project” as defined by the California Environmental Quality Act (CEQA); and WHEREAS, pursuant to the California Environmental Act (CEQA), an Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) were published on August 9, 2023, and concluded that with mitigation, no significant impacts would be caused by the project, therefore, a Mitigated Negative Declaration has been recommended for adoption; and
WHEREAS, all the notices required by statute and the Fontana City Code have been given as required; and
415
Ordinance No. 2023 - ___

WHEREAS, on October 17, 2023, the Fontana Planning Commission (“Planning Commission”) conducted a noticed public hearing and received public testimony and evidence presented by the Applicant, City staff, and other interested parties at the Public Hearing held for the project, MND, MMRP, and MCN 22-037 and recommended approval with a vote of 3-0, to the City Council by Resolution No. 2023-036 and WHEREAS, on November 14, 2023, the City Council conducted a noticed public hearing on the project, MND, MMRP, and MCN 22-037, received testimony from all interested parties and documentation from the Planning Commission’s public hearing on October 17, 2023; and
WHEREAS, on November 14, 2023, the City Council, per Resolution 2023-___, adopted the Mitigated Negative Declaration along with the MMRP for the project; and WHEREAS, based on the evidence and testimony presented to the City Council at the public hearing held on November 14, 2023 for the project, MND, MMRP, and MCN 22-037, the City Council found that the amendments and project are in conformance with the goals and policies of the General Plan as referred herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES ORDAIN AS FOLLOWS:

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

SECTION 2. CEQA. Having considered the adopted Mitigated Negative Declaration and all written and oral evidence presented to the City Council, the Council finds that all environmental impacts of the Project has been addressed within the Mitigated Negative Declaration, and that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in any significant environmental impacts beyond those analyzed in the Mitigated Negative Declaration. Therefore, pursuant to State CEQA section 15164 and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA the City Council finds that the preparation of a subsequent or supplemental CEQA document is not required for the Project .

SECTION 3. Zoning District Map Amendment Findings. The City Council hereby makes the following findings for ZCA No. 22-006 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 416
Ordinance No. 2023 - ___

is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the general plan.

Findings of Fact: The project includes an amendment to the Zoning District Map to change the zoning map for the location of the Project Site from Residential-Single Family (R-1) to Form-Base Code (FBC) for approximately 2.4 adjusted gross acres total.

The zoning district map amendment is consistent with the goals and policies of the Housing Element in the General Plan. The project is consistent with the following goals of the Housing Element:
 Provide adequate housing to meet the needs of all residents in Fontana.
 Provide a high standard of quality in existing affordable housing stock.

Furthermore, the project will meet the following policies of the Housing Element of the General Plan:
 Goal No.1, Policy No. 1.1, by providing a “Establish a range of rental and for sale housing opportunities in the city” and  Goal No. 1, Policy No. 1.3 – “Promote the development and access to housing affordable to all income levels in Fontana.” The amendment will present an opportunity for development to be constructed at a higher density which will allow the City to have a wider variety of housing types for residents. This amendment will increase the unit count and provide an opportunity for attainable or market rate housing. Also, this amendment will assist the City in meeting its Regional Housing Needs Assessment (RHNA) number.

This change will increase the unit count from the existing maximum of 12 residential units to 93 residential units. The amendment will increase the potential residential unit count by 61 units.

SECTION 4. Zoning District Map Amendment Approval. Based on the findings in Section 3, the City Council hereby approves ZCA No. 22-006 to re-designate the existing five (5) properties APNs: 0230041-33, -44, -52, -60, and -61, approximately 2.4 adjusted gross acres total from Residential Single--Family (R1) to Form-Based- Code (FBC) as shown as Exhibit “A” attached hereto and incorporated herein by reference as fully set forth herein.

SECTION 5. Effective Date/Publication. 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 Fontana Herald News, a 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 6. 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 417
Ordinance No. 2023 - ___

the City Clerk.

SECTION 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

SECTION 8. Severability. If any provision of this Ordinance 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 Ordinance that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED this 14th day of November 2023.

READ AND APPROVED AS TO LEGAL FORM:
_________________________________________
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 14th day of November 2023, and was finally passed and adopted not less than five days thereafter on the 12th day of December 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
418
Ordinance No. 2023 - ___

“EXHIBIT A”

EXISTING AND PROPOSED ZONING DISTRICT MAP - FOR THE PROJECT SITE OF FIVE (5) EXISTING PROPERTIES, APNS: 0230-041-33, -44, -52, -60, AND -61, FROM RESIDENTIAL-SINGLE FAMILY (R-1) TO FORM-BASE CODE (FBC) Existing Zoning District – Single-Family (R-1)
Proposed Zoning District - Form-Base Code (FBC)
419
ATTACHMENT NO. 8
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,

APPROVING, PURSUANT TO A MITIGATED NEGATIVE DECLARATION, DEVELOPMENT CODE AMENDMENT NO. 22-007 TO CHANGE THE FORMBASED CODE MAP TO IDENTIFY THE SUBJECT PROPERTIES AS ROUTE 66 GATEWAY FOR FIVE (5) EXISTING PARCELS, APNS: 0230-041-33, -44, -52, -60, AND -61, TOTALING APPROXIMATELY 2.4 ACRES.

WHEREAS, assessor parcel numbers 0230-041-33, -44, -52, -60, and -61, were annexed from San Bernardino County and incorporated into the City of Fontana on June 21, 2005 (Annex 2968); and
WHEREAS, on November 13, 2018, the most recent edition of the City of Fontana General Plan (“General Plan”) was adopted by the Fontana City Council (“City Council”); and
WHEREAS, on March 8, 2022, the City of Fontana (“the City”) received an application from SA Golden Investment, Inc. (“Applicant”), for five (5) existing lots on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue, more specifically known as APNs: 0230-041- 33, -44, -52, -60, and -61 (“Project Site”), for a General Plan Amendment (“GPA No. 22- 005”) to amend the land use designation illustrated on Exhibit 15.8 in Chapter 15 of the General Plan from Single-Family Residential (R-SF) to Walkable Mixed Use Corridor & Downtown (WMXU-1) for the Project Site , a Zoning District Map Amendment (“ZCA No. 22-006”) to amend the Zoning District Map from Residential-Single Family (R-1) to FormBased Code (FBC) for the Project Site, a Development Code Amendment (“ZCA No. 22- 007”) to update the Form-Based Code map to identify the Project Site as a Route 66 Gateway sub district and a Design Review (DRP No. 22-020) to develop a new 24-unit multi-family project on APNs: 0230-041-52 and 60. All of the amendments together are known as Master Case Number 22-037 (“MCN 22-037”); and, WHEREAS, the amendment Development Code will contribute to additional residential dwelling units that will provide a sustainable community where future occupants of the project site could live and utilize the services in the area as anticipated in the General Plan; and
WHEREAS, the Development Code Amendment is considered a “Project” as defined by the California Environmental Quality Act (CEQA); and WHEREAS, pursuant to the California Environmental Act (CEQA), an Initial Study/Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) were published on August 9, 2023, and concluded that, with mitigation, no significant impacts would be caused by the project, therefore, a MND has been recommended for adoption; and
WHEREAS, all the notices required by statute and the Fontana City Code have been 420
Ordinance No. 2023 - ___

given as required; and,
WHEREAS, on October 17, 2023, the Fontana Planning Commission (“Planning Commission”) conducted a noticed Public Hearing and received public testimony and evidence presented by the Applicant, and other interested parties, for the project MND, MMRP, and MCN 22-037 and recommended approval with a vote of 3-0 to the City Council by Resolution No. 2023-036 and
WHEREAS, on November 14, 2023, the City Council conducted a noticed public hearing on the project MND, MMRP and MCN 22-037,received testimony from all parties and documentation from the Planning Commission’s public hearing on October 17, 2023; and
WHEREAS, based on the evidence and testimony presented to the City Council at the public hearing held on November 14, 2023 for the project MND, MMRP, and MCN 22- 037, the City Council found that the amendments and project are in conformance with the goals and policies of the General Plan as referred herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES ORDAIN AS FOLLOWS:

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

SECTION 2. CEQA. The City Council hereby adopts the Mitigated Negative Declaration along with the MMRP for the proposed project. The City Council finds that the Mitigated Negative Declaration contains a complete and accurate reporting of all the environmental impacts associated with the Project. The City Council further finds that the Mitigated Negative Declaration has been completed in compliance with CEQA, 2019 Local Guidelines for Implementing the California Environmental Quality Act, and the State CEQA Guidelines.

SECTION 3. Development Code Amendment Findings. The City Council hereby makes the following findings for Development Code Amendment (ZCA) No. 22- 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 project includes a Development Code Amendment (“ZCA No. 22-007”) to update the Form-Based Code map to identify the Project Site as a Route 66 Gateway sub district, for the properties of APNs:
421
Ordinance No. 2023 - ___

0230-041-33, -44, -52, -60, and -61, approximately 2.4 adjusted gross acres total.

The proposed amendment is consistent with the goals and policies of the Housing Element in the General Plan. The project is consistent with the following goals of the Housing Element.
 Provide adequate housing to meet the needs of all residents in Fontana.
 Provide a high standard of quality in existing affordable housing stock.

Furthermore, the project will meet the following policies of the Housing Element of the General Plan:
 Goal No.1, Policy No. 1.1, by providing a “Establish a range of rental and for sale housing opportunities in the city” and  Goal No. 1, Policy No. 1.3 – “Promote the development and access to housing affordable to all income levels in Fontana” The amendment will present an opportunity for development to be constructed at a higher density which will allow City to have a wider variety of housing types for residents. This amendment will increase the unit count and provide opportunity for attainable or market rate housing.

SECTION No. 4. Development Code Amendment Approval. Based on the findings in Section 3, the City Council hereby approves Development Code Amendment (ZCA) No. 22-007 to change the Form Based Code Map, Section No. 30-406, to identify the subject properties as Route 66 Gateway sub district on APNs: 0230-041-33, -44, -52, -60, and -61, totaling approximately 2.4 adjusted gross acres, as shown as Exhibit “A” attached hereto and incorporated herein by reference as fully set forth herein.

SECTION No. 5. Effective Date/Publication. 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 Fontana Herald News, a 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 No. 6. 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.

SECTION 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

SECTION 8. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not 422
Ordinance No. 2023 - ___

affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED this 14th day of November 2023.

READ AND APPROVED AS TO LEGAL FORM:
_________________________________________
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 14th day of November 2023, and was finally passed and adopted not less than five days thereafter on the 12th day of December 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
423
Ordinance No. 2023 - ___

“EXHIBIT A”

EXISTING AND PROPOSED FORM-BASED CODE SUBDISTRICTS FOR A PROPERTY COMPRISED FOR FIVE (5) EXISTING PARCELS, APNS: 0230-041-33, - 44, -52, -60, AND -61, TOTALING APPROXIMATELY 2.4 ADJUSTED GROSS ACRES Existing Form-Base Code Subdistrict Map – N/A
Proposed Form-Base Code Subdistrict Map – Route
66 Gateway
Form-Based Code Sub-District Map Legend
424
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2431 Agenda Date: 10/17/2023
Agenda #: PH-A Category: Public Hearing
FROM:

Planning Department
TITLE:

Master Case No. 22-037, General Plan Amendment No. 22-005, Zoning District Map Amendment No. 22-006, Development Code Amendment No. 22-007, and Design Review No. 22-020: A request for the Planning Commission for land use designation amendments on 2.4 gross acres (APNs: 0230-041 -33, -44, -52, -60, and -61) and the development of a new 24-unit apartment project on two (2) parcels, APNs 0230-041-52 and -60, totaling approximately 0.9 gross acres, pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2023-___ and forward a recommendation to the City Council to:

1. Adopt the Mitigated Negative Declaration and direct staff to file a Notice of Determination; and

2. Adopt a resolution approving General Plan Amendment (GPA) No. 22-005; and

3. Adopt an ordinance approving Zone Change Amendment (ZCA) No. 22-006; and

4. Adopt an ordinance approving Development Code Amendment (ZCA) No. 22-007, and

5. Adopt a resolution approving Design Review (DR) No. 22-020.

APPLICANT:

SA Golden Investment, Inc.
6226 Cooper Avenue
Fontana, CA 92336
LOCATION:

The project site is located at 8155 Banana Avenue, APNs: 0230-041-33, -44, -52, -60, and -61 REQUEST:

General Plan Amendment (GPA) No. 22-005 - a proposal to amend Exhibit 15.8 in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan to change the General Plan land use designation from Single-Family Residential (R-SF) to Walkable Mixed Used Corridor & Downtown (WMXU-1) and to change Exhibit No. 15.9 to identify the for the properties of APNs: 0230-041-33, - City of Fontana Page 1 of 5 Printed on 10/11/2023
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(WMXU-1) and to change Exhibit No. 15.9 to identify the for the properties of APNs: 0230-041-33, - 44, -52, -60, and -61 as Walkable Mixed Use Corridor & Downtown (WMXU-1).

Zoning District Map Amendment (ZCA) No. 22-006 - a proposal to change the zoning map (Zoning District Map) from Residential-Single Family (R-1) to Form-Based Code (FBC) for the properties of APNs: 0230-041-33, -44, -52, -60, and -61, approximately 2.4 adjusted gross acres total.

Development Code Amendment (ZCA) No. 22-007 - a proposal to change the text to update the Form-Based Code map, in Section 30-406, (Zoning and Development Code) to identify the subject properties as Route 66 Gateway subdistrict on APNs: 0230-041-33, -44, -52, -60, and -61 totaling approximately 2.4 adjusted gross acres.

Design Review Project (DR) No. 22-020 - a request for the site and architectural review for the development of a 24-unit multi-family project within the Route 66 Gateway subdistrict over two (2) parcels totaling approximately 0.9 adjusted gross acres.

PROJECT PLANNER:

Jon Dille, Associate Planner
BACKGROUND INFORMATION:

Existing Land Use Designations:

Land Use Designation:

General Plan Zoning - Subdistrict Existing Land Use
Site: Single-Family
Residential (R-SF)
Single-Family Residential (R
-1)
Single-Family Homes
North: Public Facility (P-PF)
and Walkable MixedUse Corridor and
Downtown (WMXU-1)
Public Facility (P-PF) and
Form-Based Code (FBC) -
Route 66 Gateway
Fire Station No. 73
Commercial Center
South: Single-Family
Residential (R-SF)
Single-Family Residential (R
-1)
Condominium Project
East: Public Facility (P-PF) Public Facility (P-PF) Almond Elementary West: Walkable Mixed-Use
Corridor and Downtown
(WMXU-1)
Form-Based Code (FBC) -
Route 66 Gateway
Single-Family Home
PROJECT DESCRIPTION:

A. Site Area: Approximately 2.4 adjusted gross acres total B. Density:

Allowed: 39 dwelling units per acre (Maximum)
Proposed: 20.9 dwelling units per acre
C. Building Height:

Allowed: 70-Foot (Maximum)
Proposed: 39-Foot
D. Setback Analysis
Required:

Front: 0-Foot (Minimum)/ 10-foot (Maximum)
Side, Interior: 5-Foot (Minimum)
Rear: 5-Foot (Minimum)
Provided:

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File #: 21-2431 Agenda Date: 10/17/2023
Agenda #: PH-A Category: Public Hearing
Proposed: 20.9 dwelling units per acre
C. Building Height:

Allowed: 70-Foot (Maximum)
Proposed: 39-Foot
D. Setback Analysis
Required:

Front: 0-Foot (Minimum)/ 10-foot (Maximum)
Side, Interior: 5-Foot (Minimum)
Rear: 5-Foot (Minimum)
Provided:

Front: 5-Foot
Side, Interior: 5-Foot
Rear: 40-Foot
E. Parking Analysis
Total Required Parking: 33 Spaces
Total Parking Provided: 36 Spaces
ANALYSIS:

The applicant, SA Golden Investment, Inc. is requesting that the Planning Commission review and forward a recommendation of approval to the City Council for a General Plan Amendment application to change the General Plan land use map, Exhibit No. 15.8, from Single-Family Residential (R-SF) to Walkable Mixed Used Corridor & Downtown (WMXU-1) and to identify the subject properties as Walkable Mixed Use (WMXU-1) on Exhibit No. 15.9, a Zone Change Amendment application to update the zoning map (Zoning District Map) from Residential-Single Family (R-1) to Form-Based Code (FBC), a Zone Change Amendment application (Zoning and Development Code) to change the Form-Based Code map, Section 30-406, to identify the subject properties as Route 66 Gateway on APNs: 0230-041-33, -44, -52, -60, and -61, and Design Review Project application for the development of a new 24-unit apartment within the Route 66 Gateway, subdistrict, on two (2) parcels for APNs: 0230-041-52, and -60 totaling approximately 0.9 adjusted gross acres.

General Plan Amendment (GPA) No. 22-005
The proposal would amend Exhibit 15.8 in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan to change the General Plan land use designation from Single-Family Residential (RSF) to Walkable Mixed Used Corridor & Downtown (WMXU-1) and to change Exhibit No. 15.9 to identify the for the properties of APNs: 0230-041-33, -44, -52, -60, and -61 as Walkable Mixed Use Corridor & Downtown (WMXU-1).

The proposed General Plan amendment is consistent with the goals and policies of the Housing Element in the General Plan. The project is consistent with the following goals of the Housing Element.
· Provide adequate housing to meet the needs of all residents in Fontana. · Provide a high standard of quality in existing affordable housing stock.

Furthermore, the proposed project will meet the following policies of the Housing Element of the General Plan:
· Goal No.1, Policy No. 1.1, by providing a “Establish a range of rental and for sale housing opportunities in the city” and
· Goal No. 1, Policy No. 1.3 - “Promote the development and access to housing affordable to all income levels in Fontana”
The amendment will present an opportunity for development to be constructed at a higher density which will allow City to have a wider variety of housing types for residents. This amendment will City of Fontana Page 3 of 5 Printed on 10/11/2023
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File #: 21-2431 Agenda Date: 10/17/2023
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which will allow City to have a wider variety of housing types for residents. This amendment will increase the unit count and provide opportunity for attainable or market rate housing. Also, this amendment will assist the City of Fontana in meeting its Regional Housing Needs Assessment (RHNA) numbers. This change will increase the unit count from the existing maximum of 12 residential units (2.4 acres x 5.0 units/acre = 12 compared to 93 residential units (2.4 acres x 39 units/acre = 93). The proposed amendment will increase the potential residential units count by 61 units.

Zoning District Map Amendment (ZCA) No. 22-006
The proposal would change the zoning map (Zoning District Map) from Residential-Single Family (R1) to Form-Based Code (FBC) for the properties of APNs: 0230-041-33, -44, -52, -60, and -61, approximately 2.4 adjusted gross acres total. The Zoning District Map amendment would ensure that zoning for the project site is consistent with the proposed General Plan Amendment.

Development Code Amendment (ZCA) No. 22-007
The proposal would amend the Development and Zoning Code (Chapter 30 of the Fontana Municipal Code) text to update the Form-Based Code map, in Section 30-406, (Zoning and Development Code) to identify the subject properties as Route 66 Gateway subdistrict on APNs: 0230-041-33, -44, -52, - 60, and -61 totaling approximately 2.4 adjusted gross acres.

Design Review Project (DR) No. 22-020
The project includes the development of a 24-unit multi-family project within the Route 66 Gateway subdistrict over two (2) parcels totaling approximately 0.9 adjusted gross acres.

The 24 dwelling units are contained within one (1) three-story building totaling approximately 43,986 square feet. The project consists of three (3) floor plans ranging size from 944 square feet to 1,333 square feet. The units are proposed at 1-bedrooms (944 square feet), 2-bedrooms (1,090 square feet), and 3-bedrooms (1,333 square feet). The project site is located on east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue.

The applicant has proposed a Tuscan architectural style for the apartment buildings. The elevations include varying warm and neutral hues. A variety of design features and materials are provided on the elevations such as stone veneer, arched wall openings, decorative window treatment and shutters, varied rooflines, and other features appropriate to the Tuscan architecture. The variety in color and material will provide for an architecturally pleasing project that will enhance the character of the neighborhood.

Site Access/Circulation/Parking
The site shall be accessed through one main drive aisle off Banana Avenue. Side-by-side parking is located to the north and east sides of the building. The drive aisle will include improvements including paving of the drive aisle with curbing on both sides and ADA access path on the north side.

There will be 36 parking spaces provided for residents and guests. No parking is allowed on the City of Fontana Page 4 of 5 Printed on 10/11/2023
powered by Legistar™4284
File #: 21-2431 Agenda Date: 10/17/2023
Agenda #: PH-A Category: Public Hearing
main drive aisle; however, parking is allowed on Banana Avenue.

The pedestrian access from the street shall be along the north side of the site along the one main drive aisle. The access to the individual units will be through a courtyard opening within the middle of the building, this will provide access to all three (3) stories. There are openings to the courtyard on the east and west sides of the building. The pedestrian walkways are well defined by landscaping and lights.

Grading/Walls
The grading is consistent throughout the site. The grade is similar to the adjacent properties except along west, east, and north sides of the primary site. The project site has been graded to allow surface water to drain to area drains along the concrete “V” dich. The area drains will collect the nuisance water and gravity flow into individual chambers. The overflows from the chamber shall be piped to the paved public street.

The site has an existing decorative block wall and CMU wall of 6-feet in height along most of the property lines. A new perimeter wall, where needed, is proposed as a combination wall consisting of a maximum of 3-foot of retaining and 6-foot decorative garden wall.

In addition, the applicant is proposing appropriate drainage, grading, and perimeter walls to provide a safe and well-designed project. The project has been reviewed by Planning, Engineering, Building and Safety, and Fontana Fire Prevention for site circulation, access, and safety. The proposed project meets or exceeds the standards of the Zoning and Development Code and will provide a safe design for normal public access.

Environmental:

An Initial Study (IS), Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program has been prepared for this project pursuant to the California Environmental Quality Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA. Based on the information in the IS, the project would not have a significant effect on the environment as a result of project implementation and the Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program; a Notice of Determination have been prepared for the Planning Commission’s consideration. The mitigation measures from the Mitigation Monitoring and Reporting Program are included herein as part of the Conditions of Approval. The IS/MND for this project can be found at <https://www.fontanaca.gov/2137/Environmental-Documents>.

MOTION:

Approve Staff Recommendation.

ATTACHMENTS:

1. Vicinity Map

2. Project Plan Set

3. General Plan Amendment Exhibit

4. Zone Change Exhibit

5. Form-Based Code Subdistrict Exhibit

6. Planning Commission Resolution, Findings, and Conditions of Approval

7. Notice of Determination

8. Notice of Intent and Public Hearing Notice
City of Fontana Page 5 of 5 Printed on 10/11/2023
powered by Legistar™4295
ATTACHMENT NO. 1

VICINITY MAP
DATE: October 17, 2023
CASE: Master Case No. 22-037
General Plan Amendment No. 22-005
Zoning District Map Amendment No. 22-006
Development Code Amendment No. 22-007
Design Review No. 22-020

CITY OF FONTANA PLANNING

DEPARTMENT
4306
OWNER: SA GOLDEN INVESTMENT INC.
(909) 519-3346

SABER AWAD
[email protected]
PROJECT ADDRESS: 8155 BANANA AVE.

FONTANA, CA 92335
ARCHITECT: ANDRESEN ARCHITECTURE INC.
17087 ORANGE WAY
FONTANA, CA 92335
CONTACT: DOUG ANDRESEN
(909) 355-6688
[email protected]
APN: 0230-041-60
ACREAGE: 0.87
EXISTING ZONING: R-1
PROPOSED ZONING: ROUTE 66 GATEWAY DISTRICT
OCCUPANCY: GROUP R2
CONSTRUCTION: TYPE V-B
BUILDING HEIGHT: 38'-0" (70 MAX)
NUMBER OF STORIES: 3-STORIES (5 MAX)
FIRE SPRINKLERS: REQUIRED
EASEMENTS: EXISTING ACCESS EASEMENT
PROJECT DESCRIPTION: PROPOSED 3-STORY 24-UNITS APARTMENT BUILDING. WITH SUPPORTING TENANT

PARKING, PERIMETER SCREEN WALLS, TRASH

ENCLOSURE, SITE LIGHTING, SECURITY
CAMERAS AND SITE LANDSCAPING.

BUILDING TYPE: HYBRID
FRONTAGE TYPE: DOORYARD
GROSS LOT SIZE: 38,160 SF (0.87 AC)
BUILDING FOOTPRINT: 11,300 SQ. FT.

TOTAL LOT COVERAGE: 29.6%
NET LOT SIZE: 26,860 SF (100%)
HARDSCAPE AREA: 21,323 SF (79%)
LANDSCAPE AREA: 5,537 SF (21%)
MAXIMUM DENSITY: 39 UNITS/ ACRE
MAXIMUM HEIGHT: 70'
REQUIRED PARKING (FORM-BASED CODE - ROUTE 66 GATEWAY DISTRICT):
1 SPACES / 1 BED (6 UNITS X 1) 6 SPACES

1.5 SPACES REQ./ 2+ BED (18 UNITS X 1.5) 27 SPACES
TOTAL REQUIRED PARKING: 33 SPACES
PROPOSED PARKING (FORM-BASED CODE - ROUTE 66 GATEWAY DISTRICT):

OPEN REGULAR 9' x 18' 36 SPACES
TOTAL PROPOSED PARKING: 36 SPACES

REQUIRED BICYCLE SPACE
1 SPACE / 4 UNITS (24 UNITS / 4 ) 6 SPACES REQUIRED
20% SHORT-TERM = 2 SPACES 2 BICYCLE RACKS PROVIDED
80% LONG TERM = 5 SPACES ) 6 BICYCLE LOCKERS PROVIDED
8 BICYCLE SPACES PROVIDED
REQUIRED PRIVATE OPEN SPACE: 64 SF. MIN. / UNIT (8' MIN. DIM.) PROVIDED PRIVATE OPEN SPACE: 99 SF. FOR 1 BEDROOM UNITS 116 SF. FOR 2 BEDROOM UNITS
81 SF. FOR 3 BEDROOM UNITS
REQUIRED PRIVATE STORAGE: 125 CF. MIN. / UNIT
PROVIDED PRIVATE STORAGE: 14 SF. x 12' HIGH = 126 CF.
1 BED - 1ST FLOOR (6 UNITS)
CONDITIONED AREA: 930 SF
OPEN/BALCONY: 102 SF
TOTAL: 1,032 SF
2 BED 1ST FLOOR (6 UNITS)
CONDITIONED AREA: 1,022 SF
OPEN/BALCONY: 118 SF
TOTAL: 1,140 SF
3 BED 1ST FLOOR (12 UNITS)
CONDITIONED AREA: 1,309 SF
OPEN/BALCONY: 91 SF
TOTAL: 1,400 SF
3-STORY BUILDING
1ST FLOOR: 8 UNITS (2) 1-BED + (2) 2-BED + (4) 3-BED
2ND FLOOR: 8 UNITS (2) 1-BED + (2) 2-BED + (4) 3-BED
3RD FLOOR: 8 UNITS (2) 1-BED + (2) 2-BED + (4) 3-BED
24 UNITS/BLG.

LIVING SPACE PRIV. AREA /BALCONY HALLWAY TOTAL
1ST FLOOR: 9,140 SF 804 SF 1,356 SF 11,300 SF
2ND FLOOR: 9,016 SF 888 SF 807 SF 10,711 SF
3RD FLOOR: 9,016 SF 888 SF 807 SF 10,711 SF
TOTAL: 27,172 SF 2,580 SF 2,970 SF 32,722 SF

BUILDING FOOTPRINT AREA
3-STORY BLG: 11,300 SF
1 BED - 2ND & 3RD FLOOR (12 UNITS)
CONDITIONED AREA: 894 SF
PRIVATE AREA: 102 SF
BALCONY: 36 SF
TOTAL: 1,032 SF
2 BED - 2ND & 3RD FLOOR (12 UNITS)
CONDITIONED AREA: 996 SF
PRIVATE AREA: 118 SF
BALCONY: 26 SF
TOTAL: 1,140 SF
3 BED - 2ND & 3RD FLOOR (24 UNITS)
CONDITIONED AREA: 1,309 SF
PRIVATE AREA: 81 SF
TOTAL: 1,390 SF

PROJECT SITE

EXISTING SIDEWALK TO REMAINEXISTING PARKWAY AREA TO REMAIN

EXISTING HOUSE
(NOT A PART)
8151 SIERRA AVE.
8161 SIERRA AVE.
(NOT A PART)
8171 SIERRA AVE.
(NOT A PART)
18'-0" 29'-0" 18'-0"

PROPOSED TRASH

ENCLOSURE
21 10 20
36 Setback
5'-0" 112'-0" 18'-0" 30'-0"
165.00'
294.65'
330.00'

99.99'

65.00'
1 9
3 BEDROOM UNIT
101
201
301
2 BEDROOM UNIT
102
202
302
2 BEDROOM UNIT
103
203
303
3 BEDROOM UNIT
108
208
308
1 BEDROOM UNIT
107
207
307
3 BEDROOM UNIT
105
205
305

PROPOSED PARKING

PROPOSED PARKING

FIRE RISER AND

ELECTRICAL ROOM
PL
PL
PL
PL
PL
PL
PL
PROPOSED 3 STORY
24 UNITS APARTMENT

BUILDING
3 BEDROOM UNIT
104
204
304
1 BEDROOM UNIT
106
206
306
Setback
5'-0" 128'-9" 30'-0" 7'-0" 144'-0" 9'-0" 5'-4" 11"
135'-0" 26'-0" 4'-0"
7'-0" 9'-0" 8'-0" 9'-0" 5'-0" 66'-0" 16'-0" 30'-0" 5'-9" 47'-7" 100'-0" 100'-0" 47'-1"
STREET

LIGHTING POLE
STREET

LIGHTING POLE
STREET

LIGHTING
POLE

PROPOSED

WALL LIGHTING

PROPOSED PARKING LIGHTING

PROPOSED

WALL LIGHTING

PROPOSED

WALL LIGHTING

PROPOSED SECURITY

CAMERAS

PROPOSED

SECURITY

CAMERAS

PROPOSED

SECURITY

CAMERAS

PROPOSED SIGN
"SECURITY
CAMERAS IN USE"

EXISTING BLOCKWALL

TO REMAIN
PROPOSED 6' HIGH

DECORATIVE

SCREEN WALL

EXISTING BLOCKWALL

TO REMAIN

EXISTING BLOCKWALL

TO REMAIN
PROPOSED 6' HIGH

DECORATIVE SCREEN WALL
4'-6"5'-0" 4'-0"80'-0"
Setback
0"
S
etback
0"

NOT A PART
A
C
C
E
S
S
E
A
S
E
M
E
N
T
30'-0"
S
etback
0"

PROPOSED

WALL LIGHTING
N89°24'24"E
N00°35'25"W
PROPOSED 6' HIGH

DECORATIVE SCREEN WALL
N00°35'25"W
34'-0"
N89°24'35"E
N89°24'35"E
N00°35'25"W
N89°24'35"E
21'-0" 13'-0"

PROPOSED PATH

OF TRAVEL
W
W W
S
S
S S
W

NEW DRIVEWAY PER

CITY STANDARDS

EXISTING CURB
& GUTTER TO
REMAIN
295.4'

PROPOSED

FIRE HYDRANT
5'-0" 3'-0" 119'-3"

EXISTING POWER POLE

TO BE REMOVED
14'-8"
R
28'-0"

PROPOSED

LANDSCAPE

PROPOSED

LANDSCAPE
26'-0"
169.85'
R 45'-0"
R 23'-0"
"FIRELANE - NO PARKING ANYTIME"
12" HIGH PAVEMENT MARKINGS.

CURB TO BE PAINTED RED.
"FIRELANE - NO PARKING ANYTIME"
12" HIGH PAVEMENT MARKINGS.

CURB TO BE PAINTED RED.
20'-0"
26'-0"
26'-0"
34'-3" 12'-0" 99'-0" 9'-0" 5'-4" 10"
TYP.
9'-0"
TYP.
9'-0"
6'-6 1/8" 70'-0"
R 28'-0"
16'-0" 2'-0"
2'-0" 16'-0"
11'-0" 36'-0"

PROPOSED LANDSCAPE

PROPOSED BIKE
RACK

PROPOSED BICYCLE

LOCKERS LOCATION
4'-6"
4'-6"
3' WIDE

CONCRETE SALE
6" CURB 6" CURB 6" CURB
6" CURB

UNDERGROUND

CHAMBERS
26'-0"

CONCRETE SWALE
C 2020 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.

L I CENSED ARCH I TECT

STATE OF CAL I FORN I A
Douglas And r esen
C-14504
12-31-23

RENEWAL
DATE
E:\Andresen Architecture Inc\AAI - Access\Projects\4_Projects 2020-2029\2021\21-4187 Banana North Apartments\Revit\21-4187 Banana North Apartments (21).rvt8/29/2023 4:53:34 PM PL1
Site Plan
Proposed 3 Story 24-Unit Apartment Building for:

SA Golden Investment Inc.
29 Aug. 2023
21-4187
8155 Banana Avenue, Fontana, CA 92335
Proposed 3 Story 24-Unit Apartment Building for:

SA Golden Investment Inc.
8155 Banana Avenue, Fontana, CA 92335
Vicinty Map
1" = 20'-0"
Site Plan
SECURITY FEATURES:

A. ON-SITE MANAGER
B. PARKING LOT LIGHTING
C. 24-HOURS VIDEO SURVEILLANCE
Sequence of Drawings - DR
Number Description
PL1 Site Plan
PL2 Floor Plans
PL3 Floor Plans
PL4 Elevations
CG1 Conceptual Grading Plan
CL1 Conceptual Landscape Plan
Attachment No. 2
4317
W
D
REF.

DW
W
D
REF.

DW
W
D
REF.

DW
W
D
REF.

DW
W
D
REF.

DW
REF.

W D
DW
FACP
W
D
REF.

DW
REF.

D W
DW
UP
UP
W
D
REF.

DW
W
D
REF.

DW
W
D
REF.

DW
W
D
REF.

DW
W
D
REF.

DW
REF.

W D
DW
W
D
REF.

DW
REF.

D W
DW
DN
DN

OPEN ABOVE
1 2 3 4 5
A
E
F
H
K

0.9 1.9 4.1 5.1
C
1'-0" 23'-0" 22'-0" 9'-0" 22'-0" 24'-0"
42'-6" 13'-8" 13'-8" 12'-2 3/4" 29'-9 1/4" 6"
30'-6" 13'-8" 25'-10" 13'-8" 30'-6"
30'-6" 53'-2" 30'-6"
30'-6" 25'-8" 25'-8" 30'-6"
Private Area
114 SF Private Area
114 SF
Bedroom 2
151 SF
Bedroom 1
134 SF
Bedroom 3
128 SF
Kitchen
228 SF
Living Room
215 SF
Bath 2
43 SF
Bath 1
43 SF
Laundry18 SF
Living Room
200 SF
Hall
42 SF
Kitchen
123 SF
Dining
123 SF
Private Area
95 SF
Dining
123 SF
Kitchen
123 SF
Living Room
200 SF
Hall
42 SF
Private Area
95 SF
Living Room
215 SF
Kitchen
228 SF
Bedroom 3
128 SF
Bedroom 2
151 SF
Bedroom 1
134 SF
Bath 1
43 SF
Bath 2
43 SF
Laundry18 SF
Hall
80 SF Hall
80 SF
Storage14 SF
Storage14 SF
Storage14 SF
Fire Riser
15 SF
Elec. Room
41 SF
Storage14 SF
Proposed Low Wall Proposed Low Wall
9'-11 1/4"
9'-11 1/4"
10'-0"
8'-0"
Living Room
10'-0"10'-0"
215 SF
Kitchen
228 SF
Living Room
235 SF
Kitchen
114 SF Storage 14 SF
Storage14 SF
Storage14 SF
Living Room
235 SF
Bedroom 3
128 SF
Bedroom 2
151 SF
Bedroom 1
134 SF
Bedroom 2
117 SF
Bedroom 1
153 SF
Bedroom 1
153 SF
Bedroom 2
117 SF Bedroom 1
134 SF
Bedroom 2
151 SF
Bedroom 3
128 SF
Living Room
215 SF
Kitchen
228 SF
Bath 2
43 SF
Bath 1
43 SF
Hall
80 SF
Storage14 SF
Laundry18 SF
Kitchen
Hall 114 SF
67 SF
Laundry18 SF
Bath 2
42 SF
Bath 1
42 SF
Bath 1
42 SF
Bath 2
42 SF
Laundry18 SF
Hall
67 SF
Bath 1
43 SF
Bath 2
Hall
43 SF
80 SF
Laundry18 SF
WH
WH
WH
WH WH
WH
WH
ACAC
AC
AC
AC
AC
AC
10'-0"
8'-0"
Private Area
81 SF
Private Area
81 SF
Dining
110 SF
11'-11 3/4"
Dining
110 SF
Private Area
81 SF
Private Area
81 SF Dining
110 SF
Closet
67 SF
Closet
67 SF
Laundry
24 SF
Laundry
24 SF

OPEN ABOVE

OPEN ABOVE

OPEN ABOVE

OPEN ABOVE
Bath 1
49 SF
Proposed Railing
Proposed Railing
4'-2"
112'-4"
46'-0" 46'-0"
101'-0"
114'-2"
5'-0" 12'-0"
4'-0" 5'-0"
8'-0"
11'-11 3/4"
Bedroom 1
193 SF
Bedroom 1
193 SF

OPEN TO BELOW
1 2 3 4 5
A
E
F
H
K

0.9 1.9 4.1 5.1
C
24'-0" 22'-0" 9'-0" 22'-0" 24'-0"
30'-6" 12'-0" 13'-8" 13'-8" 12'-0" 30'-6"
30'-6" 53'-2" 30'-6"
30'-6" 25'-8" 25'-8" 30'-6"
Private Area
114 SF
Private Area
114 SF
Bedroom 2
151 SF
Bedroom 1
134 SF
Bedroom 3
128 SF
Living Room
215 SF
Kitchen
228 SF
Living Room
200 SF
Dining
123 SF
Kitchen
123 SF
Bath 1
43 SF
Bath 2
43 SF
Hall
80 SF
Laundry18 SF
Storage14 SF
Storage14 SF
Hall
42 SF
Bedroom 1
134 SF
Kitchen
114 SF
Living Room
235 SF
Living Room
235 SF
Kitchen
114 SF
Hall
67 SF
Bath 2
42 SF
Bath 1
42 SF
Bedroom 2
117 SF Bedroom 2
117 SF
Hall
67 SF
Bath 2
42 SF
Bath 1
42 SF
Bedroom 1
133 SF
Balcony
17 SF
Balcony
17 SF
Bedroom 1
133 SF
Bedroom 1
134 SF Bedroom 2
151 SF
Bath 1
43 SF
Bath 2
43 SF
Storage14 SF
Storage14 SF
Kitchen
228 SF
Living Room
215 SF
Bedroom 3
128 SF
Hall
80 SF
Laundry18 SF
Private Area
95 SF
Private Area
95 SF
Living Room
200 SF
Dining
123 SF
Kitchen
123 SF
Kitchen
228 SF
Living Room
215 SF
Bedroom 3
128 SF
Bath 1
43 SF
Bath 2
43 SF
Bedroom 2
151 SF
Hall
80 SF
Laundry18 SF
Storage14 SF
Balcony
Option Conflict
Balcony
Option Conflict
Storage14 SF
Laundry18 SF
Laundry18 SF
Storage14 SF
Bedroom 2
151 SF
Bedroom 1
134 SF
Bedroom 3
128 SF
Kitchen
228 SF
Hall
80 SF
Bath 2
43 SF
Bath 1
Laundry
43 SF
18 SF
Living Room
215 SF
10'-0"
8'-0"
10'-2"
10'-0"
Storage14 SF
10'-2"
10'-0"
10'-0"
8'-0"
?
?
10'-0"
WH
WH WH
WH
WH
WH WH
WH
AC
AC
AC
AC
AC
AC
AC
AC
8'-0"
Dining
110 SF

OPEN TO BELOW

OPEN TO BELOW

OPEN TO BELOW

OPEN TO BELOW
Private Area
81 SF
Private Area
81 SF
Dining
110 SF
Closet
67 SF
Closet
67 SF
Laundry
24 SF
Laundry
24 SF
Dining
110 SF
Private Area
81 SF
Private Area
81 SF
Dining
110 SF
10'-0"
Proposed Railing
Bath 1
49 SF Bath 1
49 SF
Proposed
Railing
Proposed Low Wall Proposed Low Wall
Proposed
Railing
Proposed
Railing
11'-11 3/4"
114'-2"
8'-0"
112'-4"
46'-0" 46'-0"
101'-0"
2'-0"
2'-0"
1'-0"
3'-0"
1'-0"
2'-0"
1'-0"
1'-0"
Bedroom 1
193 SF
Bedroom 1
193 SF
First Floor
Second Floor
TP3
TP1
Third Floor
TP2
A5.1
D
First Floor
Second Floor
TP3
TP1
Third Floor
TP2
Living Room
Private Area Private Area
Bedroom 2 Kitchen
Living Room
Private Area
Bedroom 2 Kitchen
Living Room
Private Area
Bedroom 2 Kitchen
Bedroom 1
Bedroom 1
Private Area
Bedroom 1
C 2020 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.

L I CENSED ARCH I TECT

STATE OF CAL I FORN I A
Douglas And r esen
C-14504
12-31-23

RENEWAL
DATE
C:\Users\FlorySmith\Documents\22-4408 Saber 72-units (21)_Flory.Smith.rvt8/29/2023 2:39:55 PM PL2
Floor Plans
Proposed 3 Story 24-Unit Apartment Building for:

SA Golden Investment Inc.
29 Aug. 2023
21-4187
8155 Banana Avenue, Fontana, CA 92335
1/8" = 1'-0"
1st Floor Plan
1/8" = 1'-0"
2nd Floor Plan
1 22 Jun. 2023 P.C.C.
1/8" = 1'-0"
Section A 3/32" = 1'-0"
Section B
4328
W
D
REF.

DW
W
D
REF.

DW
W
D
REF.

DW
W
D
REF.

DW
W
D
REF.

DW
REF.

W D
DW
W
D
REF.

DW
REF.

D W
DW
DN
DN

OPEN TO BELOW
1 2 3 4 5
A
E
F
H
K

0.9 1.9 4.1 5.1
C
12'-6" 18'-0" 12'-0" 13'-8" 13'-8" 12'-0" 18'-0" 12'-6" 46'-0"
30'-6" 25'-8" 25'-8" 30'-6"
30'-6" 53'-2" 30'-6"
Private Area
114 SF
Private Area
114 SF
Bedroom 3
128 SF
Bedroom 2
151 SF Bedroom 1
134 SF
Hall
80 SF
Bath 2
43 SF
Bath 1
43 SF
Laundry18 SF
Kitchen
228 SF
Living Room
215 SF
Living Room
200 SF
Kitchen
123 SF
Dining
123 SF
Storage14 SF
Storage14 SF
Hall
42 SF
24'-0" 22'-0"
Kitchen
123 SF
Dining
123 SF
Living Room
200 SF
Hall
42 SF
Storage14 SF
Bedroom 3
128 SF
Bedroom 2
151 SF
Bedroom 1
134 SF
Hall
80 SF
Bath 2
43 SF
Bath 1
43 SF
Kitchen
228 SF
Living Room
215 SF
Storage14 SF
Laundry18 SF
Kitchen
228 SF
Living Room
215 SF
Hall
80 SF
Bedroom 3
128 SF
Bedroom 2
151 SF
Bedroom 1
134 SF
Bath 1
43 SF
Bath 2
43 SF
Laundry18 SF
Storage14 SF
Hall
67 SF
Laundry18 SFLaundry18 SF
Hall
67 SF
Living Room
235 SF
Living Room
235 SF
Kitchen
114 SF
Bedroom 2
117 SF
Bath 1
42 SF
Bath 2
42 SF
Kitchen
114 SF
Bedroom 2
117 SF
Bath 1
42 SF
Bath 2
42 SF
Bedroom 1
134 SF
Bedroom 2
151 SF
Bedroom 3
128 SF
Kitchen
228 SF
Hall
80 SF
Bath 1
43 SF
Bath 2
43 SF
Living Room
215 SF
Storage14 SF
Laundry18 SF
Proposed
Railing
Proposed Low Wall
22'-0"
10'-2"
10'-0"
8'-0"
Private Area
95 SF
Private Area
95 SF
Balcony
Option Conflict
Balcony
Option Conflict
Balcony
Not Enclosed
Balcony
Not Enclosed
Bedroom 1
133 SF
Bedroom 1
133 SF
Storage14 SFStorage14 SF
10'-0"
8'-0"
10'-0"
10'-0"
Proposed Low Wall
WH
WH WH
WH
WH
WH WH
WH
AC
AC
AC
AC
AC
AC
AC
AC
Dining
110 SF
Dining
110 SF
9'-0" 46'-0"
8'-0" Dining
110 SF
Dining
110 SF
24'-0"
Private Area
81 SF

OPEN TO BELOW

OPEN TO BELOW

OPEN TO BELOW

OPEN TO BELOW
Proposed
Railing
Private Area
81 SF
Private Area
81 SF
Private Area
81 SF
8'-0"
Closet
67 SF
Closet
67 SF
Laundry
24 SF
Laundry
24 SF
10'-2"
Proposed
Railing
Proposed
Railing
11'-11 3/4"
6"
6"
11'-11 3/4"
114'-2"
1'-0"
3'-0"
1'-0"
101'-0"
112'-4"
6"
Bedroom 1
193 SF Bedroom 1
193 SF
1 2 3 4 5
A
E
F
H
K

0.9 1.9 4.1 5.1
C
4:12
4:12
4:12
4:12 4:12
6:12 6:12
6:12
4:124:12
6:12 6:12 6:12
4:12
6:12
112'-4"
101'-0"
6:12
6:12
6:12
6:12
G
A4.4
4:12
4:12
4:12
4:12
4:12
6:12
6:12
6:12
6:12
4:12
4:12
4:12
4:12
4:12 4:12
4:12
4:12
4:12 6:12
6:12
6:12
6:12
5:12 5:12
C 2020 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.

L I CENSED ARCH I TECT

STATE OF CAL I FORN I A
Douglas And r esen
C-14504
12-31-23

RENEWAL
DATE
C:\Users\FlorySmith\Documents\22-4408 Saber 72-units (21)_Flory.Smith.rvt8/29/2023 2:39:57 PM PL3
Floor Plans
Proposed 3 Story 24-Unit Apartment Building for:

SA Golden Investment Inc.
29 Aug. 2023
21-4187
8155 Banana Avenue, Fontana, CA 92335
1 22 Jun. 2023 P.C.C.
1/8" = 1'-0"
3rd Floor Plan
1/8" = 1'-0"
Roof Plan
4339
First Floor
Second Floor
TP3
TP1
Third Floor
TP2
9'-1" 9'-1" 9'-1"
M3
M2 M4 M2 M3
M6 M6
M7 M4 M2
43'-1"
First Floor
Second Floor
TP3
Third Floor
TP2
9'-1" 9'-1"
M2
M6
M1 M2 M3
M1
M1 M4
M5 M6
M6 M1
M6 M5
M3
M1
M1
M5
M3
M4 M2
36'-4"
43'-1"
First Floor
Second Floor
TP3
TP1
Third Floor
TP2
9'-1" 9'-1" 9'-1"
M3 M2 M1 M4 M1 M2 M3
M1 M6 M6
43'-1"
39'-4"
First Floor
Second Floor
TP3
TP1
Third Floor
TP2
9'-1" 9'-1" 9'-1"
M2 M1 M1 M2
M1
M1
M3 M2 M4
M6 M1
M5 M1
M5
M3
M6 M1
M5
M3
M6
33'-10"
43'-1"
C 2020 Doug Andresen, Architect expressly reserves his common law copyright and other property rights in these plans. These plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission and consent of Douglas Andresen, Architect.

L I CENSED ARCH I TECT

STATE OF CAL I FORN I A
Douglas And r esen
C-14504
12-31-23

RENEWAL
DATE
C:\Users\FlorySmith\Andresen Architecture Inc\AAI - Access\Projects\4_Projects 2020-2029\2021\21-4187 Banana North Apartments\Revit\21-4187 Banana North Apartments (21).rvt 4/22/2022 9:29:23 AM PL4
Elevations
Proposed 3 Story 24-Unit Apartment Building for:

SA Golden Investment Inc.
22 Apr. 2022
21-4187
8155 Banana Avenue, Fontana, CA 92335
1/8" = 1'-0"
North Elevation
1/8" = 1'-0"
East Elevation
1/8" = 1'-0"
South Elevation
1/8" = 1'-0"
West Elevation
Material Legend
Mark Material Manufacturer Color
M1 Main Color Dunn-Edwards DEC793 Chalky
M2 Dunn-Edwards
M3 Accent Color 2 Dunn-Edwards DE6152 Maple View
M4 Stone Boral Cultured Stone
M5 Trim & Fascia Dunn-Edwards DE6208 Tuscan Mosaic
M6 Roof tiles Boral -
M7 Shutters Dunn-Edwards DEC799 Wharf View
43410
11 435
12 436
ATTACHMENT NO. 3

GENERAL

PLAN EXHIBIT
DATE: October 17, 2023
CASE: Master Case No. 22-037
General Plan Amendment No. 22-005
Zoning District Map Amendment No. 22-006
Development Code Amendment No. 22-007
Design Review No. 22-020
Existing General Plan Land Use Designation
Proposed Walkable Mixed-Use Corridor and Downtown
(WMXU-1)

CITY OF FONTANA PLANNING

DEPARTMENT
43713
ATTACHMENT NO. 4

ZONE CHANGE

EXHIBIT
DATE: October 17, 2023
CASE: Master Case No. 22-037
General Plan Amendment No. 22-005
Zoning District Map Amendment No.
22-006
Development Code Amendment No.
22-007
Design Review No. 22-020
Existing Zoning District – Single-Family (R-1)
Proposed Zoning District - Form-Base Code (FBC)

CITY OF FONTANA PLANNING

DEPARTMENT
43814
ATTACHMENT NO. 5

FORM-BASE CODE

SUBDISTRICT

EXHIBIT
DATE: October 17, 2023
CASE: Master Case No. 22-037
General Plan Amendment No. 22-005
Zone Change No. 22-006
Zone Change No. 22-007, and
Design Review No. 22-020
Existing Form-Base Code Subdistrict Map – N/A
Proposed Form-Base Code Subdistrict Map – Route 66 Gateway

CITY OF FONTANA PLANNING

DEPARTMENT
43915
ATTACHMENT NO. 6
RESOLUTION NO. PC 2023-____

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

FONTANA RECOMMENDING THAT THE CITY COUNCIL ADOPT THE

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING AND REPORTING PROGRAM AND DIRECT

STAFF TO FILE THE NOTICE OF DETERMINATION, AND APPROVE
GENERAL PLAN AMENDMENT NO. 22-005, APPROVE ZONING
DISTRICT AMENDMENT NO. 22-006, APPROVE DEVELOPMENT CODE AMENDMENT NO. 22-007, FOR APNs: 0230-041-33, -44, -52, -60, AND - 61 TOTALING APPROXIMATELY 2.4 ACRES, AND APPROVE DESIGN REVIEW PROJECT NO. 22-020 for APNs: 0230-041-52 and -60 TOTALING APPROXIMATELY 0.9 ACRES.

WHEREAS, APNs: 0230-041-33, -44, -52, -60, and -61 were incorporated into the City of Fontana on June 21, 2005 (Annex 2968); and
WHEREAS, on March 8, 2022, the City of Fontana (“the City”) received a General Plan Amendment Application, Zoning District Map Amendment Application, Development Code Amendment Application and Design Review Project Application from SA Golden Investment, Inc. (“Applicant No. 1”) and the City of Fontana (“Applicant No. 2”) to construct a new 24-unit apartment project for five (5) existing lots on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue APNs: 0230-041-33, -44, -52, -60, and -61; and WHEREAS, General Plan Amendment No. 22-005 changes the designation of the project area on the General Plan land use map for Exhibit No. 15.8 in Chapter 15 of the City’s General Plan, from Single-Family Residential (R-SF) to Walkable Mixed Use Corridor & Downtown (WMXU-1) and changes the General Plan land use category changes map for Exhibit No. 15.9 in Chapter 15 of the City’s General Plan, to Walkable Mixed Use Corridor & Downtown (WMXU-1) as well; and
WHEREAS, the General Plan amendment is consistent with the goals and policies of the Housing Element in the General Plan; and
WHEREAS, Zone Change Amendment No. 22-006 modifies the current zoning for APNs 0230-041-33, -44, -52, -60, AND -61 in the Zoning District Map from Single-Family Residential (R-1) to Form-Based Code (FBC); and
WHEREAS, Development Code Amendment No. 22-007 changes the Form-Based Code map, as part of Section No. 30-406, to declare APNs: 0230-041-33, - 44, -52, -60, and -61 a Route 66 Gateway; and
WHEREAS, Design Review No. 22-020 establishes a new 24-unit apartment project on two (2) parcels for APNs 0230-041-52 and -60, totaling approximately 0.9 gross acres; and
44016
Resolution No. PC 2023-_____

WHEREAS, the Conditions of Approval have been prepared and are attached hereto as Exhibit “A” for the Design Review (DRP No. 22-020); and WHEREAS, the project will meet the following policies of the Housing Element of the General Plan; and
WHEREAS, pursuant to the California Environmental Act (CEQA) and the 2019 Local Guidelines for Implementing CEQA, an Initial Study (IS), Mitigated Negative Declaration (MND), and Mitigation Monitoring and Reporting Program (MMRP) was prepared and signed on August 9, 2023, and concluded that no significant impacts would be caused by the project; 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; and WHEREAS, all of the notices required by statute and the City Municipal Code have been given as required; and
WHEREAS, the owners of property within 660 feet of the proposed 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 local San Bernardino Sun Newspaper on September 27, 2023, posted at City Hall and at the project site; and WHEREAS, on October 17, 2023, a duly noticed public hearing on General Plan Amendment No. 22-005, Zone Change Amendment No. 22-006, Development Code Amendment No. 22-007 and Design Review No. 22-020 was held by the Planning Commission to consider testimony and evidence presented at the Public Hearing held with respect hereto; and
WHEREAS, the Planning Commission carefully considered all information, evidence and testimony pertaining to the project presented at its Public Hearing on October 17, 2023; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, the Planning Commission RESOLVES as follows:

Section 1. Recitals. The above recitals are incorporated herein by reference.

Section 2. CEQA. Based on the foregoing, the City of Fontana Planning Commission recommends that the City Council adopts a resolution adopting the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Reporting Program and direct staff to file the Notice of Determination and approve General Plan Amendment No. 22-005 and Design Review No. 22-020, and adopt an Ordinance approving Zone Change No. 22-006 and Zone Change No. 22-007 subject to the findings as indicated herein and the Conditions of Approval have been prepared and are attached hereto as Exhibit “A”. 44117
Resolution No. PC 2023-_____

Section 3. General Plan Amendment. The City of Fontana Planning Commission hereby makes the following findings for General Plan Amendment No. 22-005 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 General Plan Land Use designation for APNs: 0230-041-33, - 44, -52, -60, and -61 will be amended from Single-Family Residential (R-SF) to Walkable Mixed Used Corridor & Downtown (WMXU-1), which will provide an opportunity for the City to gain additional residential units for more housing. This project will bring a variety of residential units to the City. The additional residential units will help contribute to the long-term growth of the City. Furthermore, amendment is consistent with the goals and policies in the General Plan and reflects the current desires and needs of the citizens.

Section 4. Zoning District Map Amendment. The City of Fontana Planning Commission hereby makes the following findings for Zoning District Map Amendment No. 22-006 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 Zoning District Map will change for APNs: 0230-041-33, -44, - 52, -60, and -61 from Residential-Single Family (R-1) to Form-Base Code (FBC) (map boundary change). The surrounding streets are adequate to provide for the future development of multi-family housing. The project will bring long-term growth for the City and will promote and motivate additional growth around this area. The zone change will allow for the development of a multi-family housing project that will reviewed by the City’s Planning, Fire and Building Department. Additionally, this future development will be required to meet all Fire Code, Building Code and Fontana Municipal Code standards. Therefore, the zone change will promote public's health, safety, or general welfare.
44218
Resolution No. PC 2023-_____

Section 5. Development Code Amendment. The City of Fontana Planning Commission hereby makes the following findings for Development Code Amendment (ZCA) No. 22-007 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 Development Code Amendment will change the Form-Based Code map for APNs: 0230-041-33, -44, -52, -60, and -61 and declare the location a Route 66 Gateway sub district. The Route 66 Gateway sub district will bring long-term growth for the City and will promote and motivate additional growth around this area. The Development Code Amendment will allow the development of a multi-family housing project that will reviewed by the City’s Planning, Fire and Building Departments. Additionally, the future development will be required to meet all Fire Code, Building Code, and Fontana Municipal Code standards. Therefore, the Development Code Amendment will promote public's health, safety, or general welfare.

Section 6. Design Review. The City of Fontana’s, Planning Commission hereby makes the following findings for Design Review No. 22-020 in accordance with Section No. 30-120 “Findings for Approval” for Design Review of the Zoning and Development Code:

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

Findings of Fact: The project site is located on east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue. The project site has a General Plan land use designation of Single-Family Residential (R-SF). After the approval of General Plan Amendment No. 22-005, to change the General Plan land use map from Single-Family Residential (R-SF) to Walkable Mixed Use Corridor & Downtown (WMXU-1) for the properties of APNs: 0230-041-33, -44, -52, -60, and -61, totaling approximately 2.4 adjusted gross acres total, the project site will be consistent with the WMXU-1 land use designation. The WMXU-1 designation is intended to provide for the creation of areas that allow residents and visitors to walk, bike and 44319
Resolution No. PC 2023-_____

take transit to other uses for work, study, shopping, entertainment, recreation and civic activities. Furthermore, the project will provide compact residential development within walking distance of planned public transit stops and neighborhood shopping areas. Uses include a variety of medium-density to high-density residential types, commercial and open space. WMXU-1 residential densities range from 3 to 39 dwelling units per acre. The designation was created to cover the half-mile walking distance radii (known as “walksheds”) from planned public transit stops. This use will be allowed within the applicable General Plan land use area.

The General Plan is the document that sets the framework for the City of Fontana and provides the overall policies for development within the community. Furthermore, the General Plan encourages variety of development including residential uses.

The Applicant has request a site and architectural review of a new 24-unit apartment project over two parcels, APNs 0230-041-52 and -60, totaling approximately 0.9 gross acres. The total building area is approximately 43,986 square feet, within one (1) three-story building with 1-bedrooms (944 square feet), 2-bedrooms (1,090 square feet), and 3-bedrooms (1,333 square feet) units.

The project will encompass a Tuscan architectural style for the apartment buildings. The elevations include varying warm and neutral hues. A variety of design features and materials are provided on the elevations such as stone veneer, arched wall openings, decorative window treatment and shutters, varied rooflines, and other features appropriate to the Tuscan architecture. The variety in color and material will provide for an architecturally pleasing project that will enhance the character of the neighborhood.

This development meets the criteria contained in the Design Review section of the Municipal Code. Additionally, the project is aesthetically enhanced with architectural detail and the site design incorporates elements resulting in a desirable development. The buildings will not exceed the maximum height of 38-foot. The project has high-quality architectural design and will be an appropriate and desirable development for the community.

Finding No. 2: The proposal meets or exceeds the criteria contained in this chapter 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 located within the Route 66 Gateway subdistrict of the Form-Base Code (FBC) zoning district and has been determined to be aesthetically and architecturally pleasing and compatible with the neighborhood. The apartment complex is contemporary and true to 44420
Resolution No. PC 2023-_____

style and compatible with the surrounding homes, resulting in highquality architectural design appropriate and desirable for the surrounding community. The development will enhance the character of the surrounding residential area through appropriate attention to aesthetics and design.

The project includes street improvements: sidewalks, drainage, grading, and perimeter walls to provide a safe and well-designed complex. The project has been reviewed by the City of Fontana’s Planning, Engineering, Building and Safety, and Fire Prevention Departments (“Departments”) for site circulation, access, and safety.

The Departments have determined that the project meets or exceeds the standards of the Zoning and Development Code and will provide a safe design for normal public access provided the project complies with the Conditions of Approval.

Finding No. 3: The proposal, in its design and appearance, is aesthetically and architecturally pleasing resulting in a safe, well-designed facility while enhancing the character of the surrounding neighborhood.

Findings of Fact: The project will provide much needed improvements to the project site and surrounding area. The project includes street
improvements: sidewalks, drainage, grading and perimeter walls to provide a safe and well-designed complex. The apartment complex has been reviewed by the City of Fontana’s Planning, Engineering, Building and Safety, and Fire Prevention Departments
(“Departments”) for site circulation, access, and safety. The Departments have determined that the project meets or exceeds the standards of the Zoning and Development Code and will provide a safe design for normal public access provided the project complies with the Conditions of Approval. This structure will be built pursuant to all applicable building, zoning and fire codes standards and therefore, shall promote the public health, safety, and welfare of the surrounding community.

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

Findings of Fact: The project has been determined to be appropriate and will result in a safe, well-designed facility. There will be one (1) main vehicle access points to the site. The main entrance will be accessed from Banana Avenue. The driveway is designed to accommodate
passenger vehicle traffic and service vehicles, as necessary. The project has been reviewed by the City of Fontana’s Planning, Engineering, Building and Safety, and Fire Prevention Departments (“Departments”) for site circulation, access, and safety. The Departments have determined that the project meets or exceeds the 44521
Resolution No. PC 2023-_____

standards of the Zoning and Development Code and will result in a safe, well-designed facility provided the project complies with the Conditions of Approval. The character of the surrounding neighborhood reflects residential uses consisting primarily of multi-family dwellings, attached and detached single-family homes.

Section 7. Approval. Based on the foregoing, the City of Fontana Planning Commission recommends that the City Council adopts the following:
 A resolution adopting the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Reporting Program and direct staff to file the Notice of Determination;
 A resolution adopting General Plan Amendment No. 22-005;  A resolution adopting Design Review No. 22-020; and
 An Ordinance approving Zone Change No. 22-006 and Development Code No. 22-007 subject to the findings as indicated herein and the Conditions of Approval have been prepared and are attached hereto as Exhibit “A”.

Section 8. 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 – Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code Section No. 21081.6.

Section 9. Certification. The Secretary shall certify to the adoption of this Resolution.

Section 10. Effective Date. This Resolution shall become effective immediately upon adoption.

Section 11. Severability. If any provision of this Resolution or the application of any 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.

PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on the 17th day of October 2023. 44622
Resolution No. PC 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 the 17th day of October 2023, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Ralph Thrasher, Secretary
44723
Resolution No. PC 2023-_____

Exhibit “A”

CITY OF FONTANA

CONDITIONS OF APPROVAL
PROJECT: Design Review No. 22-020 DATE: October 17, 2023 Master Case No. 22-037
LOCATION: The project site is located at 8155 Banana Avenue APNs: 0230-041-33, - 44, -52, -60, and -61
PLANNING DEPARTMENT:

1. The applicant/developer/property owner 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 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 legal counsel. The applicant shall be responsible and reimburse 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.
44824
Resolution No. PC 2023-_____

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 Department inspection, has commenced within this period.

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

4. This project shall comply with all applicable provisions, regulations and development standards of the City of Fontana Municipal Code

5. 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 all of the following have occurred:

A. All requirements of the City of Fontana’s Municipal Code shall be complied with.

B. All Conditions of Approval imposed on this project have been fulfilled.

C. 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 final inspection and acceptance of the work.

6. Upon discovery of any cultural tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All cultural tribal 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.

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.

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 44925
Resolution No. PC 2023-_____

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.

7. 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 residential structure until corrections are approved in writing by all appropriate staff.

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

A. Use of noise-producing equipment will be limited to the interval from 8:00 a.m. to 5:00 p.m., Monday through Friday.

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:
i. Install portable noise barriers, including solid structures and noise blankets, between the active noise sources and the nearest noise receivers.
ii. Temporarily enclose localized and stationary noise sources.

9. Prior to Certificate of Occupancy, a Property Maintenance Agreement shall be entered into, with the City of Fontana to maintain all landscaping, parking lot, drainage, lighting, and paved areas within the project in accordance with the standards of repair, maintenance and cleanliness specified in the plans submitted and approved by the Planning Department. If such landscaping, parking lot, drainage, lighting and paved areas are not maintained, such Agreement grants to the City such rights of access, ingress and egress upon and across the project site as deemed necessary to undertake and complete corrective action and assess actual City cost against the applicant/owner/tenant and against the property. The Agreement shall also be incorporated by referencing the Covenants, Conditions and Restrictions (CC&R’s) recorded against the property, if any, and recorded with the County Recorder’s office.
45026
Resolution No. PC 2023-_____

10. The Director of Planning, or his/her designee, shall have the authority for minor architectural changes focusing around items such as window treatments, color combinations, façade treatments, and architectural relief. Questions on the interpretation of this provision or changes not clearly within the scope of this provision shall be submitted to the Planning Commission for consideration under a Revision to the Design Review.

11. Foam treatment used for architecture features and/or projections located on the first floor (under 14 feet) shall be covered with concrete or similar durable material of a minimum of ¼ inch thick, or as determined by the Director of Planning.

12. If solar panel systems are installed on the roof of any residential structure, the installation shall be on top or above the approved roof tile. If a solar panel system is flush-mounted to the roof, matching roof tiles shall be replaced immediately upon removal of the solar panels.

13. No solid masonry wall shall be less than a minimum of six (6) foot tall and no higher than nine (9) foot from top of ground when used in combination with a retaining wall unless otherwise stated in mitigations for this project.

14. All new block walls shall be constructed with a decorative block and capped with a prefabricated block cap to match the existing walls on the adjacent properties, where applicable.

15. Wall-mounted decorative lighting fixtures shall be provided at the front porch area.

16. Prior to the issuance of a Certificate of Occupancy, 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.

17. The applicant/developer/property owner shall employ a certified professional manager or management company to provide maintenance, security, and other services. The professional manager or management company shall be California Association of Community Managers (CACM) certified or equivalent.

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 Manger’s decision. The noticing of such City Council meeting for possible ratification shall be pursuant to Section No. 30-30 of the Municipal Code.

19. The current Development Fees shall be paid.
45127
Resolution No. PC 2023-_____

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

21. The applicant/developer/property owner shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration Mitigation Monitoring and Reporting Program as approved by the City Council on ________________________.

22. The applicant/developer/property owner shall pay all applicable service fees pursuant to the City of Fontana Municipal Code.

Prior to Issuance of Building /Construction Permits

23. The applicant/developer/property owner 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.

ENGINEERING LAND DEVELOPMENT:

24. 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.

25. The applicant/developer/property owner 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 No. 27-52 of the City Municipal Code and in accordance with plans and specifications approved by the City Engineer.

26. The applicant/developer/property owner shall maintain all improvements and utilities within the public right-of-way, including street sweeping, prior to issuance of final certificate of occupancy by the City.

Prior To Issuance of Grading Permit

27. The applicant/developer/property owner 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.

28. The applicant/developer/property owner shall submit and gain approval of a final drainage study prepared in accordance with the County of San Bernardino Hydrology Manual and Fontana Master Plan of Drainage.

Prior To Issuance of Construction Permits
45228
Resolution No. PC 2023-_____

29. The applicant/developer/property owner shall provide a Land Improvement Agreement with accompanying security. The agreement shall be executed on Cityprovided forms.

30. The applicant/developer/property owner shall provide a Land Improvement Agreement with accompanying security. The agreement shall be executed on City-provided forms.

31. The applicant shall a) record a lot line adjustment to merge both parcels together and b) dedicate right-of-way on Banana Avenue.

32. The applicant shall record an easement with the adjacent property owner for proposed improvements through the frontage of 8161 Banana Avenue.

33. The applicant/developer/property owner 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 Final Certificate of Occupancy

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

35. The Applicant/Engineer shall replace any existing survey monuments damaged or removed during construction.

36. The 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).

37. 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.

38. 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.

39. 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. The Access, Maintenance, and the WQMP Certification for BMP Completion must be submitted to the City Project Engineer.
45329
Resolution No. PC 2023-_____

BUILDING AND SAFETY DEPARTMENT:

40. The applicant/developer/property owner 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

41. The applicant/developer/property owner shall install an automatic fire suppression system, which is required in all new construction per FMC Chapter 11 Article II.

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.

42. 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.

43. The applicant/developer/property owner 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.

44. The applicant/developer/property owner shall verify that all perimeter/boundary walls are 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.

45. The applicant/developer/property owner shall comply with the following 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, such as a public street, a 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. 45430
Resolution No. PC 2023-_____

F. Minimum slope or grade for ALL drainage structures shall be one half (0.5) 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 a 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 and Safety Department.

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.

46. The applicant/developer/property owner is required to obtain permits prior to the removal and/or demolition of structures.

47. The applicant/developer/property owner 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

48. The following items (as applicable) shall be completed and/or submitted to Building and Safety Department prior to the issuance of building permits for this project:

A. Precise grading plans shall be approved
B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Rough grade inspection signed off by a City Building Inspector

49. A complete accessibility plan will be required to show compliance with CBC Ch 11. 45531
Resolution No. PC 2023-_____

50. Please be aware that a Construction Waste Management Plan (CWMP) will be required at time of plan check submittal. For more information regarding waste diversion, please contact Burrtec Waste at (909) 889-0911.

51. For more information related to Building & Safety, please visit our web page at https://www.fontana.org/136/Building-Safety.

FIRE PROTECTION DISTRICT:

52. 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/developer/property owner 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.

53. Fire Access Road Width: Prior to map recordation, (if applicable), 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

54. Turnaround: An approved turnaround shall be provided at the end of each roadway one hundred and fifty (150) feet or more in length. The applicant/developer/property owner shall construct and maintain the approved turnaround at all times.

55. 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

56. Water System: Prior to Lot Line Adjustment recordation, 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 BB 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 three hundred (300) 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: 2,500 GPM for a two-hour duration at 20 psi residual operating pressure. Fire Flow is based on a 43,986 square foot structure.

57. Hydrant Marking: Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCoFD Standard W-2 45632
Resolution No. PC 2023-_____

58. Water System Certification. The applicant/developer/property owner shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the jobsite. California Fire Code Chapter 5

59. Combustible Protection: Prior to combustibles being placed on the project site an approved paved roadway providing fire access and fire hydrants providing an acceptable fire flow shall be installed. California Fire Code Chapter 5

60. Fire Sprinkler-NFPA #13: An automatic fire sprinkler system complying with National Fire Protection Association (NFPA) 13 and Fire Department standards are required.

A fire sprinkler contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The plans shall include hydraulic calculations and manufacturer specification sheets. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9 & SBCoFD Standard F-1

61. Fire Sprinkler-NFPA #13R: An automatic fire sprinkler system complying with National Fire Protection Association (NFPA) 13R and Fire Department standards are required. A fire sprinkler contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The plans shall include hydraulic calculations and manufacturer specification sheets. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9 & SBCoFD Standard F-3

62. Fire Alarm, Waterflow Monitoring: A water flow monitoring fire alarm system complying with the California Fire Code, National Fire Protection Association (NFPA) and all applicable codes is required for fire sprinkler systems with twenty (20) sprinkler heads or more. A fire alarm contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. California Fire Code Chapter 9, NFPA 72 & SBCoFD Standard F-5

63. Fire Extinguishers: Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department. California Fire Code Chapter 9

64. Addressing: The street address shall be installed on the building with numbers that are a minimum of four (4) inches in height and with a one half (½) inch stroke. The address shall be visible from the street. During the hours of darkness, the numbers shall be internally and electrically illuminated with a low voltage power source.

Numbers shall contrast with their background and be legible from the street. Where the building is fifty (50) feet or more from the roadway, additional contrasting four (4) inch numbers shall be displayed at the property access entrances. California Fire Code Chapter 5 & SBCoFD Standard B-1
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Resolution No. PC 2023-_____

65. Illuminated Site Diagram: The applicant/developer/property owner shall submit for review and approval a site diagram plan to the Fire Department. The applicant/developer/property owner shall install at each entrance to a multi-family complex an illuminated diagrammatic representation of the complex, which shows the location of each unit and each fire hydrant. California Fire Code Chapter 5 & SBCoFD Standard B-1

66. Key Box. An approved Fire Department key box is required. The key box shall be provided with a tamper switch and shall be monitored by a Fire Department approved central monitoring service. California Fire Code Chapter 5 & SBCoFD Standard A-4

END OF CONDITIONS OF APPROVAL
45834

NOTICE OF DETERMINATION
TO:_X_ County Clerk, County of FROM: City of Fontana
San Bernardino Planning Department
8353 Sierra Avenue
_X_ Office of Planning and Research Fontana, CA 92335
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code.

Project Title: Master Case No. 22-037, General Plan Amendment No. 22-005, Zoning District Map Amendment No. 22-006, Development Code Amendment No. 22-007, and Design Review No. 22-020.

State Clearinghouse Number: 2009091089
Name of Person or Agency carrying out project: SA Golden Investment, Inc., 6226 Cooper Avenue, Fontana, CA 92336.

Project Location: The project site is located at 8155 Banana Avenue, APNs: 0230-041-33, -44, -52, -60, and -61.

Project Description: Master Case No. 22-037, General Plan Amendment No. 22-005, Zoning District Map Amendment No. 22-006, Development Code Amendment No. 22-007, and Design Review No. 22-020, and final Initial Study (IS), Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program for a new 24-unit apartment project on two (2) parcels, APNs 0230-041-52 and -60, totaling approximately 0.9 gross acres.

This is to certify that the City of Fontana approved the above described project on October 17, 2023 and made the following determinations:

1. The project __X__ will ___ will not have a significant effect on the environment.

2. An Environmental Impact Report (EIR) was prepared and fully analyzed the effects of the project. The EIR thoroughly analyzed and discussed all potential environmental impacts.

3. Mitigation measures X were ____ were not made a condition of the approval of the project.

4. A Statement of Overriding Considerations X_ was __ was not adopted for this project.

5. Findings X were ___ were not made pursuant to the provisions of CEQA.

6. The location and custodian of the documents which comprise the record of proceedings for the Addenda are specified as follows:

Custodian: City of Fontana, Planning Department
Location: 8353 Sierra Avenue, Fontana, CA 92335
____________________________
Salvador Quintanilla
Senior Planner
Date Received for Filing
ATTACHMENT NO. 7
45935

NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND

NOTICE OF PUBLIC HEARING
Si desea información en Español referente a esta notificación 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. 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 shall be made 48 hours prior to the meeting to 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. 22-037, General Plan Amendment No. 22-005, Zone Change Amendment No. 22-006, Zone Change Amendment No. 22-007, and Design Review No. 22-020 A request for the Planning Commission to review and forward a recommendation to the City Council for a General Plan Amendment to change General Plan land use map from Single-Family Residential (R-SF) to Walkable Mixed Used Corridor & Downtown (WMXU-1), a Zone Change Amendment to update the Zoning District Map from Residential-Single Family (R-1) to Form-Based Code (FBC), a Zone Change Amendment (text) to change the Form-Based Code map to identify the subject properties as Route 66 Gateway on APNs: 0230-041-33, -44, -52, -60, and -61, totaling approximately 2.4 adjusted gross acres, and a Design Review Project Application to develop a new 24-unit apartment project on two (2) parcels, APNs 0230-041-52 and -60, totaling approximately 0.9 gross acres.

Environmental
Determination:

An Initial Study (IS), Mitigated
Negative Declaration (MND),
and Mitigation Monitoring and
Reporting Program has been
prepared for this project
pursuant to the California
Environmental Quality Act
(CEQA) and 2019 Local
Guidelines for implementing
the California Environmental
Quality Act. Based on the
information in the IS, no
significant impact is
anticipated as a result of
project implementation, with
mitigation incorporated, and a
Mitigated Negative
Declaration has been
prepared for the Planning
Commission’s consideration.

ATTACHMENT NO. 8 46036
Location of
Property:
8155 Banana Avenue
APNs: 0230-041-33, -44, -52,
-60, and -61
Date of Hearing: October 17, 2023
Place of
Hearing:

City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 6:00 pm
Should you have any questions concerning this project, please contact Jon Dille, Associate Planner, at (909) 350-6681 or by email at [email protected].

The environmental documents can be viewed by going to the link below:
https://www.fontanaca.gov/2137/Environmental-Documents.

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 AT THE PLANNING DEPARTMENT, CITY HALL. PLEASE CONTACT THE PLANNER LISTED ABOVE.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM,

YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT

THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

Publish: September 27, 2023
S.B. Sun Newspaper
46137
City of Fontana
Planning Commission
Minutes
Cathline Fort, Chair
Idilio Sanchez, Vice Chair
Ralph Thrasher, Secretary
Raj Sangha, Commissioner
Ricardo Quintana, Commissioner
Tuesday, October 17, 2023 6:00 P.M. Grover W. Taylor Council Chambers _________________________________________________________________________ CALL TO ORDER/ROLL CALL:

A. Call to Order/Roll Call:

A regular meeting of the City of Fontana Planning Commission was held on Tuesday, October 17, 2023. Vice Chair Sanchez called the meeting to order at 6:01 p.m.

Present: Vice Chair Sanchez, Commissioners Sangha, and Quintana

Absent: Chair Fort and Commissioner Thrasher
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

Following the Invocation by Chaplain Deylyne McCampbell, the Pledge of Allegiance was led by Commissioner Sangha.

PUBLIC COMMUNICATIONS:

A. Public Communications:

None.
462
Planning Commission Minutes October 17, 2023

CONSENT CALENDAR:

A. Approval of Minutes:

Approve the Regular Planning Commission Meeting Minutes of October 3, 2023.

ACTION: A Motion was made by Commissioner Quintana and seconded by Commissioner Sangha and passed by a vote of 3-0 to approve the Consent Calendar.

The motion carried by the following vote:

Aye: Vice Chair Sanchez, Commissioners Sangha, and Quintana

Absent: Chair Fort and Commissioner Thrasher
PUBLIC HEARINGS:

PH-A Master Case No. 22-037, General Plan Amendment No. 22-005, Zoning District Map Amendment No. 22-006, Development Code Amendment No. 22-007, and Design Review No. 22-020: A request for the Planning Commission for land use designation amendments on 2.4 gross acres (APNs: 0230-041-33, -44, -52, -60, and -61) and the development of a new 24-unit apartment project on two (2) parcels, APNs 0230-041-52 and -60, totaling approximately 0.9 gross acres, pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

Vice Chair Sanchez opened the Public Hearing.

Salvador Quintanilla, Senior Planner, presented the staff report.

The commission and staff discussed the projects proposed parking; whether the project was gated and the security parameters between the school located to the east of the project.

The applicant, Sabar Awad on behalf of SA Golden Investment, Inc., stated that he read and agreed to the Conditions of Approval.

The applicant and the commission briefly discussed the projects estimated development start date.

The Public Hearing was closed.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2023-036 and forward a recommendation to the City Council to:
463
Planning Commission Minutes October 17, 2023

1. Adopt the Mitigated Negative Declaration and direct staff to file a Notice of Determination; and,

2. Adopt a resolution approving General Plan Amendment (GPA) No. 22-005; and,

3. Adopt an ordinance approving Zone Change Amendment (ZCA) No. 22-006; and,

4. Adopt an ordinance approving Development Code Amendment (ZCA) No. 22-007, and,

5. Adopt a resolution approving Design Review (DR) No. 22-020.

ACTION: Motion was made by Commissioner Quintana, seconded by Commissioner Sangha, and passed by a vote of 3-0 to adopt Resolution PC No. 2023-036 and approve Master Case No. 22-037; General Plan Amendment No. 22- 005; Zoning District Map Amendment No. 22-006; Development Code Amendment No. 22-007, and Design Review No. 22-020.

The motion carried by the following vote:

Aye: Vice Chair Sanchez, Commissioners Sangha, and Quintana

Absent: Chair Fort and Commissioner Thrasher
PH-B Master Case No. 22-079: General Plan Amendment (GPA) No. 22-007, Specific Plan Amendment (SPA) No. 22-003, Development Agreement (AGR) No. 22-003, Tentative Parcel Map (TPM No. 20638) No. 22-016, Design Review (DRP) No. 22-040, and Final Environmental Impact Report for the development of an industrial commerce building totaling approximately 490,565 square feet within a project site comprised of approximately 18.8 acres.

Vice Chair Sanchez opened Public Hearing.

Alejandro Rico, Associate Planner, presented the staff report and mentioned that staff provided the Commission a separate memo indicating the modification of the project’s development agreement.

The commission requested staff to clarify the project’s zoning designation and the assigned zoning on the property above the project along Santa Ana Avenue.

The commission and staff also discussed the queuing of the project and the Sustainability Ordinance.

The applicant, Dan Vick, on behalf of Seefried Industrial Properties, Inc., stated that he read and agreed to the Conditions of Approval and thanked the Planning Commission for the opportunity to work and operate within the city and gave a brief description of the proposed project.

Commissioner Sangha complimented the project’s nighttime renderings. 464
Planning Commission Minutes October 17, 2023

Planning Attorney, Steven Deithcer addressed the applicant and asked to confirm his understanding of the alteration of the Draft Development Agreement.

The following individuals spoke in favor:
 Anthony Bolano
 Zach Strasters
 David Mitchel
 Jr. Ortiz
The following individuals spoke in opposition:
 Amy Smith
The Public Hearing was closed.

RECOMMENDATION:

Based on the information contained in this staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2023-037, and forward a recommendation to the City Council to:

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

2. Adopt a resolution approving General Plan Amendment (GPA) No. 22-007; and,

3. Adopt an ordinance approving Specific Plan Amendment (SPA) No. 22-003; and,

4. Adopt an ordinance approving Development Agreement (AGR) No. 22-003; and,

5. Adopt a resolution approving Tentative Parcel Map No. 22-016 (TPM No. 20638) and Design Review No. 22-040 subject to the attached Findings and Conditions of Approval.

ACTION: Motion was made by Commissioner Sangha, seconded by Commissioner Quintana, and passed by a vote of 3-0 to adopt Resolution PC No. 2023-037, approve Master Case No. 22-079; Specific Plan Amendment No. 22-003; Development Agreement No. 22-003, Tentative Parcel Map No. 22-016; Design Review No. 22-040 and Final Environmental Impact Report.

The motion carried by the following vote:

Aye: Vice Chair Sanchez, Commissioners Sangha, and Quintana

Absent: Chair Fort and Commissioner Thrasher
PH-C Master Case No. 23-017: Administrative Site Plan (ASP) No. 23-012 pursuant to Section No. 15332 (Class No. 32, Infill Development), and Section No. 3.22 (Categorical Exemption) of the 2019 Local Guidelines for Implementing the CEQA. 465
Planning Commission Minutes October 17, 2023

Vice Chair Sanchez opened Public Hearing.

Alejandro Rico, Associate Planner, presented the staff report.

Commissioner Sangha commented on the landscaping of the project.

The applicant, Jamie Knollmiller, stated that she read and agreed to the Conditions of Approval and briefly commented on the expansion of the project .

No one spoke in favor or opposition of this item.

The Public Hearing was closed.

RECOMMENDATION:

Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2023-038; and,

1. Determine that the project is categorically exempt pursuant to Section No. 15332 (Class No. 32, Infill Development), and Section No. 3.22 (Categorical Exemption) of the 2019 Local Guidelines for Implementing the CEQA, and direct staff to file a Notice of Exemption; and,

2. Approve Administrative Site Plan (ASP) No. 23-012.

ACTION: Motion was made by Vice Chair Sanchez, seconded by Commissioner Quintana, and passed by a vote of 3-0 to adopt Resolution PC No. 2023-038, approve Master Case No. 22-017 and Administrative Site Plan No. 23-012.

The motion carried by the following vote:

Aye: Vice Chair Sanchez, Commissioners Sangha, and Quintana

Absent: Chair Fort and Commissioner Thrasher
PH-D Master Case (MCN) No. 23-092; General Plan Amendment (GPA) No. 23-003, Zoning District Map Amendment (ZCA) No. 23-004, and Development Code Amendment (ZCA) No. 23-005, Initial Study/Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program.

Vice Chair Sanchez opened Public Hearing.

Rina Leung, Senior Planner, presented the staff report. 466
Planning Commission Minutes October 17, 2023

The commission asked for clarification on the types of mining that took place at the location where Vulcan Pit previously was located. The commission and staff also discussed examples of shelters for the Emergency Shelter Overlay.

The Public Hearing was closed.

RECOMMENDATION:

Based on the information contained within this staff report, and subject to the attached findings, staff recommends that the Planning Commission adopt Resolution PC No. 2023- 039, and forward a recommendation to the City Council to:

1. Adopt the Initial Study/Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program and direct staff to file the Notice of Determination; and,;

2. Adopt a resolution approving General Plan Amendment (GPA) No. 23-003; and,

3. Adopt an ordinance approving Zoning District Map Amendment (ZCA) No. 23- 004; and,

4. Adopt an ordinance approving Development Code Amendment (ZCA) No. 23- 005.

ACTION: Motion was made by Commissioner Quintana, seconded by Commissioner Sangha, and passed by a vote of 3-0 to adopt Resolution PC No. 2023-039 and approve Master Case No. 23-092; General Plan Amendment (GPA) No. 23-003; Zoning District Map Amendment (ZCA) No. 23-004 and Development Code Amendment (ZCA) No. 23-005.

The motion carried by the following vote:

Aye: Vice Chair Sanchez, Commissioners Sangha, and Quintana

Absent: Chair Fort and Commissioner Thrasher
PH-E Master Case No. 23-098 and Municipal Code Amendment No. 23-001 - Amendment to Fontana Municipal Code Chapter 9 to modify Article V (Industrial Commerce Centers Sustainability Standards), Section 9-71(f), pursuant to a categorical exemption in accordance with CEQA Guidelines section 15301.

Vice Chair Sanchez opened Public Hearing.

Patty Nevins, Director of Planning, presented the staff report.

The Public Hearing was closed.

RECOMMENDATION:

Based on the information in the staff report staff recommends that the Planning Commission adopt Resolution PC No. 2023-040; and
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Planning Commission Minutes October 17, 2023

1. Determine that this Ordinance is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(b)(3) (the common-sense exemption), and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA, in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA and, alternatively, pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment), and Section No.

3.22 of the 2019 Local Guidelines for Implementing of CEQA, as implementation of this ordinance is to improve the environment; and;

2. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 23-001 to amend Chapter 9 of the Municipal Code.

ACTION: Motion was made by Commissioner Sangha, seconded by Commissioner Quintana, and passed by a vote of 3-0 to adopt Resolution PC No. 2023-040 and Determine that this Ordinance is categorically exempt pursuant to the California Environmental Quality Act (CEQA) and Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 23-001 to amend Chapter 9 of the Municipal Code.

The motion carried by the following vote:

Aye: Vice Chair Sanchez, Commissioners Sangha, and Quintana

Absent: Chair Fort and Commissioner Thrasher
DIRECTOR COMMUNICATIONS:

A. Director Communications:

None.

COMMISSION COMMENTS:

A. Public Communication Commission Comments:

Commissioner Quintana thanked city staff for their reports and commented on all the different mix of projects that were approved at tonight’s meeting.

Commissioner Sangha also thanked city staff for their reports; expressed his excitement on the new developments coming to the city. Closed his comments by thanking the public for allowing him to serve on the commission.
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Planning Commission Minutes October 17, 2023

Vice Chair Sanchez thanked all city staff and conveyed his appreciation for their hard work; expressed his excitement on all the new projects that are coming to Fontana. Vice Chair Sanchez also thanked all the speakers that came out to speak in support of the projects and closed his comments by thanking the public for the ability to serve on the Planning Commission,
ADJOURNMENT:

By consensus, the meeting adjourned at 6:47 p.m. to the next Regular Planning Commission Meeting on Tuesday, November 7, 2023, at 6:00 p.m. in the Grover W.

Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. _____________________
Susana Gallardo
Specialist to the Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED BY THE PLANNING COMMISSION ON THE 7
th DAY OF NOVEMBER 2023.
_______________________
Cathline Fort
Chairperson
469

NOTICE OF PUBLIC HEARING
Si desea información en Español referente a esta notificación 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. 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 shall be made 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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

Master Case No. 22-037, General Plan Amendment No. 22-005, Zone Change Amendment No. 22-006, Zone Change Amendment No. 22-007, and Design Review No. 22-020 A request to amend General Plan land use designation map from Single-Family- Residential (R-SF) to Walkable Mixed Used Corridor & Downtown (WMXU-1), a Zone Change Amendment to update the zoning map (Zoning District Map) from Residential -Single Family (R-1) to Form-Based Code (FBC), a Zone Change Amendment (Zoning and Development Code Amendment) to change the Form-Based Code map to identify the subject properties as Route 66 Gateway on APNs: 0230-041-33, -44, -52, -60, and -61, totaling approximately 2.4 adjusted gross acres, and a Design Review Project Application to develop a new 24-unit apartment project on two (2) parcels, APNs 0230-041-52 and -60, totaling approximately 0.9 gross acres.

Environmental
Determination:

An Initial Study (IS),
Mitigated Negative
Declaration (MND), and
Mitigation Monitoring
and Reporting Program
(MMRP) has been
prepared for this project
pursuant to the
California
Environmental Quality
Act (CEQA) and 2019
Local Guidelines for
implementing CEQA.

Based on the
information in the IS, no
significant impact is
anticipated as a result of
project implementation,
with mitigation
incorporated.

Location of
Property:
8155 Banana Avenue
APNs: 0230-041-33, -
44, -52, -60, and -61
470
Date of Hearing: November 14, 2023
Place of
Hearing:

City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 6:00 pm
Should you have any questions concerning this project, please contact Jon Dille, Associate Planner, at (909) 350-6681 or by email at [email protected].

The environmental documents can be viewed by going to the link below:
https://www.fontanaca.gov/2137/Environmental-Documents.

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

ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION AT THE PLANNING DEPARTMENT, CITY HALL. PLEASE CONTACT THE PLANNER LISTED ABOVE.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM,

YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED

AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

Publish: October 20, 2023
The Herald-News
471
RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFYING THE

POPLAR SOUTH DISTRIBUTION CENTER FINAL ENVIRONMENTAL
IMPACT REPORT (SCH #2022090611), ADOPTING THE MITIGATION

MONITORING AND REPORTING PROGRAM, AND APPROVING THE
PROJECT.

WHEREAS, the development is comprised of an industrial commerce center building of 490,565 square (“Project”) which proposes to be located on Rose Avenue east of Poplar Ave and west of Catawba Avenue, and is evaluated in the Poplar South Distribution Center Final Environmental Impact Report (“EIR”); and WHEREAS, the Project consists of an approximately 18.8 acre property, located within the City of Fontana, in the southwestern portion of San Bernardino County, California, on 41 parcels (APNs 0237-171-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, - 11, -12, -13, -14, -15, -6, -17, -18, -19, and 0237-172-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, -11, -12, -19, -22, -23, -26, -27, -28, -30, -31, -32, 33.); and WHEREAS, the Project requires approvals of a General Plan Amendment (GPA No. 22-004), Specific Plan Amendment (SPA No. 22-007), Development Agreement (AGR20-003), Design Review (DRP No. 22-040) and a Tentative Parcel Map (TPM No. 22-016); and
WHEREAS, pursuant to section 21067 of the Public Resources Code, and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of Fontana is the lead agency for the proposed Project; and WHEREAS, in accordance with State CEQA Guidelines section 15082, on September 30, 2022, the City sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation (“NOP”) stating that an Environmental Impact Report (State Clearinghouse Number #2022090611 would be prepared; and
WHEREAS, four (4) comment letters were received in response to the NOP; and WHEREAS, pursuant to Public Resources Code section 21083.9 and State CEQA Guidelines sections 15082(c) and 15083, the City held a duly noticed Scoping Meeting on October 12, 2022, to solicit comments on the scope of the environmental review of the proposed Project and, additional comments were received; and WHEREAS, a Draft Environmental Impact Report (“Draft EIR”) was prepared, incorporating comments received in response to the NOP; and ATTACHMENT NO. 12
472
WHEREAS, the Draft EIR determined that mitigation measures were required to mitigate impacts to a less than significant level for the following resource areas:

Aesthetics, Agriculture and Forestry, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Greenhouse Gas Emissions, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Tribal Cultural Resources, Transportation, Utilities and Services Systems, and Wildfire; and WHEREAS, the Draft EIR further concluded that despite the incorporation of all feasible mitigation measures, the proposed Project would nonetheless result in significant and unavoidable impacts relating to Air Quality; and
WHEREAS, in accordance with State CEQA Guidelines section 15085, a Notice of Completion was prepared and filed with the Office of Planning and Research on July 14, 2023; and
WHEREAS, as required by State CEQA Guidelines section 15087(a), the City provided Notice of Availability of the Draft EIR to the public at the same time that the City sent Notice of Completion to the Office of Planning and Research, on July 14, 2023; and WHEREAS, during the public comment period, copies of the Draft EIR and technical appendices were available for review and inspection at City Hall, on the City’s website, and at the Lewis Library and Technology Center public libraries; and WHEREAS, pursuant to State CEQA Guidelines section 15087(e), the Draft EIR was circulated for at least a 45-day public review and comment period from July 14, 2023 to August 28, 2023; and
WHEREAS, during the public review and comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to State CEQA Guidelines section 15086; and WHEREAS, the City received four (4) written comment letters on the Draft EIR; and
WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided copies of its responses to commenting public agencies at least ten (10) days prior to the City’s consideration of the Final EIR on October 11, 2023; and WHEREAS, on October 17, 2023, the Planning Commission conducted the public hearing to consider the Draft EIR and approvals of GPA, SPA, TPM, and DR, for the Project and solicited comments on the document. After hearing all relevant testimony from staff, the public and the City’s consultant team, the Planning Commission voted to recommend that the City Council certify the EIR for the Project; and 473
WHEREAS, on October 11, 2023, the City released the Final EIR (“Final EIR”), which consists of the Draft EIR, all technical appendices prepared in support of the Draft EIR, all written comment letters received on the Draft EIR, written responses to all written comment letters received on the Draft EIR, and errata to the Draft EIR and technical appendices; and
WHEREAS, the “EIR” consists of the Final EIR and its attachments and appendices, as well as the Draft EIR and its attachments and appendices (as modified by the Final EIR); and
WHEREAS, all potentially significant adverse environmental impacts were sufficiently analyzed in the EIR; and
WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and
WHEREAS, all of the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the City in connection with the preparation of the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes the Project’s potentially significant environmental impacts and the EIR analyzes a range of feasible alternatives capable of reducing these effects to an even lesser level of significance; and
WHEREAS, the City has made certain findings of fact, as set forth in Exhibit A to this Resolution, attached hereto and incorporated herein, based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by this reference; and WHEREAS, the City finds that environmental impacts that are identified in the EIR as less than significant and do not require mitigation are described in Section 4 of Exhibit A; and
WHEREAS, the City finds that environmental impacts that are identified in the EIR that are less than significant with incorporation of mitigation measures are described in Section 5 of Exhibit A; and
WHEREAS, the City finds that even with the incorporation of all feasible mitigation measures, the environmental impacts that are identified in the EIR that are significant and unavoidable are described in Section 7 of Exhibit A; and 474
WHEREAS, the potential significant irreversible environmental changes that would result from the proposed Project identified in the EIR and set forth herein, are described in Section 8 of Exhibit A; and
WHEREAS, the existence of any growth-inducing impacts resulting from the proposed Project identified in the EIR and set forth herein, are described in Section 6 of Exhibit A; and
WHEREAS, alternatives to the proposed Project that might further reduce the already less than significant environmental impacts are described in Section 9 of Exhibit A; and
WHEREAS, a statement of overriding considerations is set forth in Section 10 of Exhibit A; and
WHEREAS, all the mitigation measures identified in the EIR and necessary to reduce the potentially significant impacts of the proposed Project to a level of less than significant are set forth in the Mitigation Monitoring and Reporting Program (MMRP) in Exhibit B to this Resolution, attached hereto and incorporated herein; and WHEREAS, prior to taking action, the City has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including but not limited to the EIR, and all oral and written evidence presented to it during all meetings and hearings; and
WHEREAS, the EIR reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made in the public hearings conducted by the City and no additional information submitted to the City have produced substantial new information requiring recirculation of the EIR or additional environmental review of the Project under Public Resources Code section 21092.1 and State CEQA Guidelines section 15088.5; and
WHEREAS, on November 14, 2023, the City conducted a duly noticed public hearing on this Resolution, at which time all persons wishing to testify were heard and the Project was fully considered; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FONTANA:

SECTION 1. The above recitals are true and correct and incorporated herein by 475
reference.

SECTION 2. The City Council hereby finds that it has been presented with the EIR, which it has reviewed and considered, and further finds that the EIR is an accurate and objective statement that has been completed in full compliance with CEQA and the State CEQA Guidelines. The City Council finds that the EIR reflects the independent judgment and analysis of the City. The City Council declares that no evidence of new significant impacts or any new information of “substantial importance” as defined by State CEQA Guidelines section 15088.5, has been received by the City after circulation of the Draft EIR that would require recirculation. Therefore, the City Council hereby certifies the EIR based on the entirety of the record of proceedings.

SECTION 3. The City Council hereby adopts the “CEQA Findings of Fact” which were prepared in accordance with State CEQA Guidelines sections 15091 and which are attached hereto as Exhibit A and incorporated herein by this reference.

SECTION 4. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit B and incorporated herein by this reference. Implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program is hereby made a condition of approval of the Project. In the event of any inconsistencies between the Mitigation Measures set forth in the EIR or the Findings of Fact and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control.

SECTION 5. Based upon the entire record before it, including the EIR, Findings of Fact, and all written and oral evidence presented, the City Council hereby approves the proposed Project.

SECTION 6. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at City of Fontana Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. The custodian for these records is Alejandro Rico, Associate Planner. This information is provided pursuant to Public Resources Code section 21081.6.

SECTION 7. City staff shall cause a Notice of Determination to be filed and posted with the County Clerk and the State Clearinghouse within five working days of the adoption of this Resolution.

APPROVED AND ADOPTED this 14th day of November, 2023.

READ AND APPROVED AS TO LEGAL FORM:
_______________________
City Attorney
476
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 14th day of November, 2023, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
City Clerk of the City of Fontana
________________________________
Mayor of the City of Fontana
ATTEST:
________________________________
City Clerk
477

POPLAR SOUTH DISTRIBUTION CENTER CEQA FINDINGS OF FACT
City of Fontana 1
Findings of Fact
September 2023

EXHIBIT A

FINDINGS AND FACTS IN SUPPORT OF FINDINGS

FOR THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE

POPLAR SOUTH DISTRUBUTION CENTER PROJECT

CITY OF FONTANA, CALIFORNIA
STATE CLEARINGHOUSE NO. 2022090611
A. INTRODUCTION
The California Environmental Quality Act, Public Resources Code Section 21000 et seq. and the State CEQA Guidelines, 14 Cal. Code of Regs. Section 15000 et seq. (collectively, CEQA) require that a public agency consider the environmental impacts of a project before a project is approved and make specific findings. CEQA Guidelines Section 15091, implementing CEQA Section 21081, provides:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:

1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR.

2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency.

3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subdivision (a) shall be supported by substantial evidence in the record.
(c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures.
(e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section.

CEQA Guidelines Section 15093 further provides:
478

POPLAR SOUTH DISTRIBUTION CENTER CEQA FINDINGS OF FACT
City of Fontana 2
Findings of Fact
September 2023
(a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.”
(b) Where the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.

Having received, reviewed and considered the Draft Environmental Impact Report (DEIR) and the Final Environmental Impact Report (FEIR) for the Poplar South Distribution Center Project, SCH No. 2022090611 (collectively, the EIR), as well as all other information in the record of proceedings on this matter, the following Findings and Facts in Support of Findings (Findings) are hereby adopted by the City of Fontana (City) in its capacity as the CEQA Lead Agency.

These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for the development of the Project. These actions include the approval of the General Plan Amendment (GPA), Specific Plan Amendment (SPA), Tentative Parcel Map (TPM), and Development Plan Review. This action is referred to herein as the Project.

B. Document Format
These Findings have been organized into the following sections:

Section 1 provides an introduction to these Findings.

Section 2 provides a summary of the Project and overview of the discretionary actions required for approval of the Project, and a statement of the Project’s objectives.

Section 3 provides a summary of previous environmental reviews related to the Project area that took place prior to the environmental review done specifically for the Project, and a summary of public participation in the environmental review for the Project.

Section 4 sets forth findings regarding environmental impacts identified in the EIR which were determined not to be significant.

Section 5 sets forth findings regarding environmental impacts identified in the EIR which can feasibly be mitigated to a less than significant level through the imposition of project design features, regulatory requirements, and/or mitigation measures. In order to ensure compliance and implementation, all of these measures are included in the Mitigation Monitoring and Reporting Program (MMRP) for the Project which shall be adopted by the City together with these Findings in accordance with CEQA Section 21081.6. Where potentially significant impacts can be reduced 479

POPLAR SOUTH DISTRIBUTION CENTER CEQA FINDINGS OF FACT
City of Fontana 3
Findings of Fact
September 2023
to less than significant levels through adherence to project design features and regulatory requirements, these findings specify how those impacts were reduced to an acceptable level.

Section 6 sets forth findings regarding growth inducement.

Section 7 sets froth findings regarding significant and unavoidable impacts.

Section 8 sets forth findings regarding irreversible environmental changes.

Section 9 sets forth findings regarding alternatives to the proposed Project.

C. Custodian and Location of Records
The documents and other materials which constitute the administrative record for the City’s actions related to the Project are located at the City of Fontana, Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. The City of Fontana is the custodian of the administrative record for the Project.

D. PROJECT SUMMARY
E. Project Location
The Project site encompasses approximately 19.08 gross acres (18.82 net acres) and is comprised of 41 parcels identified as Assessor’s Parcel Numbers (APNs) 0237-171-01 through - 19, 0237-172-01 through -12, -19, -22, -23, -26, -27, -28, and -30 through -33. The Project site is currently developed with 40 existing vacant and uninhabited single-family residential units and accessory structures. Existing residential units are located on the north and south side of Rose Avenue, which is a local roadway that runs east-west through the center of the site. There is an existing concrete masonry unit (CMU) block wall along the north property line and metal fencing along the southern property line. The site is currently accessible via Rose Avenue, with the western entrance on Poplar Avenue and the eastern entrance on Catawba Avenue.

The proposed Project is located within the southern portion of the City of Fontana in the southwest portion of San Bernardino County. The Project site surrounds the existing Rose Avenue south of Santa Ana Avenue, west of Catawba Avenue, north of Jurupa Avenue, and east of Poplar Avenue.

Regional access to the Project site is provided by Interstate 10 (I-10) off the Citrus Avenue exit.

Local access is provided via Poplar Avenue and Catawba Avenue.

F. Project Description
The Project applicant proposes demolition of the existing 40 residences, and associated structures, on the site, vacation of Rose Avenue, and a Tentative Tract Map for the merger of the 41 existing parcels into one 19.08-acre parcel, as well as the construction of an approximately 490,565 square foot (SF) building with approximately 480,565 SF of warehouse space and 10,000 SF of mezzanine, which would be used for office space. The proposed Project would also include a General Plan Amendment (GPA) to change the land use designation from Residential Trucking (R-T) to General Industrial (I-G) and a Specific Plan Amendment (SPA) to change the Southwest Industrial Park Specific Plan (SWIP) designation from Residential Trucking District (RTD) to Slover East Industrial District (SED). Additionally, the Project would require a Development Plan Review and approval of proposed Tentative Parcel Map.
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POPLAR SOUTH DISTRIBUTION CENTER CEQA FINDINGS OF FACT
City of Fontana 4
Findings of Fact
September 2023
Building and Architecture. The proposed building would consist of a new industrial building that would support warehouse and office uses. The proposed building area would be 490,565 SF, inclusive of 480,565 SF of warehouse space and 10,000 SF of mezzanine, which would be used for office space. The building would have 480,565 SF footprint, resulting in a FAR of 0.6. The Project building would be single-story and approximately 51 feet tall. The building would establish an architectural presence through an emphasis on building finish materials and consistent material usage and color scheme. The building would be white and shades of grey with highlights of red. The use of landscaping, building layout, finish materials, and accenting on the Project site would create a quality architectural presence along the Poplar Avenue and Catawba Avenue frontages.

Circulation and Street Improvements. Access would be provided via four proposed driveways:
two from Poplar Avenue and two from Catawba Avenue. The northern driveway on Poplar Avenue would be limited to passenger vehicles while the southern driveway would provide truck access.

The northern driveway on Catawba Avenue would be limited to passenger vehicles while the southern driveway would provide truck access. Trucks are expected to primarily utilize Santa Ana Avenue and Citrus Avenue, as well as Cherry Avenue and Jurupa Avenue, which are all designated truck routes within the city (See Figure 3-10, Truck Routes). Onsite circulation would be provided by internal drive aisles around the building.

The Project includes a 14-foot ROW dedication along Poplar Avenue and a 4-foot ROW dedication along Catawba Avenue, including road improvements of streetlights, curb, gutter, sidewalk, and parkway landscape.

Parking. The warehouse would include 42 dock doors located along the southern side of the building and 98 trailer parking spaces located along the southern side of the building and along the southern property line. Additionally, 210 passenger vehicle spaces, inclusive of electric vehicle (EV) and accessible (ADA) spaces, would be provided for employees and visitors in surface lots to the north of the warehouse and in the southeast portion of the site. The Project would also provide bike parking along the northeast side of the warehouse.

Landscaping and Walls. The Project would include approximately 62,000 SF of ornamental landscaping around the perimeter of the site and in-between parking areas. The proposed building would also include 8-foot-high gates and 14-foot-tall screen walls at the southwest and southeast entrances of the truck yard to provide controlled access and screening. Fire department approved knox locks would be provided at all gates. A 6-foot-tall retaining wall would be provided along the northeast portion of the northern property line. A 6-foot-tall retaining wall with an 8-foot-tall screening wall is proposed along the southern property line. A 3-foot-tall retaining wall is proposed along the eastern side of the building.

Infrastructure. The existing 6-inch domestic water line within Rose Avenue is to be abandoned.

The Project would install new 3-inch water lines that would connect to the existing 4-inch water line in Poplar Avenue. The Project applicant would also install new 8-inch sewer lines to connect to the existing 8-inch sewer lines in Poplar Avenue and Catawba Avenue. A sewer lift station is proposed in the northwest portion of the site. The proposed Project would collect drainage via grate inlets and catch basins, which would convey storm water though an onsite underground storm drain system located beneath the proposed truck trailer parking.

Required Approvals:

Implementation of the Project would require, but is not limited to, the following discretionary approvals by the City (Lead Agency):
481

POPLAR SOUTH DISTRIBUTION CENTER CEQA FINDINGS OF FACT
City of Fontana 5
Findings of Fact
September 2023
• Development Plan Review
• Tentative Parcel Map No. 20638
• General Plan Amendment
• Specific Plan Amendment
• Certification of this EIR with the determination that the EIR has been prepared in compliance with the requirements of CEQA
• Approvals and permits necessary to execute the proposed Project, including but not limited to, demolition permit, grading permit, building permit, etc.

G. Statement of Project Objectives
The following objectives have been identified in order to aid decision makers in their review of the proposed Project and its associated environmental impacts. • To make efficient use of property in the City of Fontana by adding to its potential for employment-generating uses.
• To attract new business and employment to the City of Fontana and thereby promote economic growth.
• To reduce the need for members of the local workforce to commute outside the Project vicinity to work.
• To increase temporary and permanent employment opportunities while improving the local balance of housing and jobs.
• To redesignate and develop a property surrounded by industrial uses with an industrial building near available infrastructure, including roads and utilities, to help meet demand for logistics business in the City and surrounding region. • To develop an industrial building in south Fontana that is similar to and compatible with other industrial buildings that were recently built or recently approved for construction in south Fontana.
• Develop a project that does not contribute to surface and groundwater quality degradation by treating surface and stormwater flows.

H. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION
The Final EIR (FEIR) includes the Draft Environmental Impact Report (DEIR) dated June 2023, written comments on the DEIR that were received during the public review period, written responses to those comments, and changes to the DEIR. In conformance with CEQA and the State CEQA Guidelines, the City of Fontana conducted an extensive environmental review of the Poplar South Distribution Center Project, including the following:
• Completion of the Notice of Preparation (NOP), which was released for an initial 30-day public review period from September 30, 2022 to October 31, 2022. The NOP was posted at the San Bernardino County Clerk office on September 27, 2022. The notice was mailed to reviewing agencies and to City residents and owners within a 660-foot radius from the Project Site. Copies of the NOP were made available for public review on the City’s website at: https://www.fontana.org/2137/Environmental-Documents. • Completion of a scoping process, in which the public was invited by the City to participate.

The scoping meeting for the EIR was held virtually on Thursday, October 12, 2022, at 5:00 PM through Zoom, accessed through the following link:
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POPLAR SOUTH DISTRIBUTION CENTER CEQA FINDINGS OF FACT
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Findings of Fact
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https://us06web.zoom.us/j/83481328742?pwd=NU5pK2YvTVdCejBjOWdFSCt4 YnZkQT09.
• Preparation of a DEIR by the City, which was made available for a 45-day public review period (July 14, 2023 – August 28,2023). The DEIR consisted of the analysis of the Poplar South Distribution Center Project and appendices, including the NOP and responses to the NOP. The Notice of Availability (NOA) for the DEIR was sent to all property owners and occupants within a 660-foot radius from the Project site, all persons, agencies and organizations on the interest list interested persons, posted to the State Clearinghouse website for distribution to public agencies, and posted on the Project site on July 14, 2023.

Copies of the DEIR were made available for public review at the City of Fontana Planning Department, 8353 Sierra Avenue, Fontana, CA 92335 and it was available for download via the City’s website at https://www.fontanaca.gov/2137/Environmental-Documents. • Preparation of a Final EIR, including the Comments and Responses to Comments on the DEIR, occurred. The Final EIR/Response to Comments contains comments on the DEIR, responses to those comments, revisions to the DEIR, and appended documents. The Final EIR Response to Comments was released for a 10-day agency review period prior to certification of the Final EIR on October 11, 2022.
• Public hearings were held for the proposed Project, including a Planning Commission hearing and a City Council Hearing.
• A notice of the Planning Commission hearing for the Project was mailed on October 6, 2023 to all property owners of record within a 660-foot radius from the Project site and all individuals that requested to be notified, and posted at the site, as required by established public hearing posting procedures. A notice of the Planning Commission hearing was also published in the Fontana Herald News on October 6, 2023.
• A notice of the City Council hearing for the Project was mailed on November 4, 2023 to all property owners of record within a 300-foot radius from the Project site and all individuals that requested to be notified. A notice for the City Council hearing was posted at the site and at the City of Fontana Planning Department’s office as required by established public hearing posting procedures. Additionally, notice for the City Council hearing was published in the Fontana Herald News on November 4, 2023.

For purposes of CEQA and these Findings, the Record of Proceedings for the proposed Project consists of the following documents and other evidence, at a minimum:
• The NOP and all other public notices issued by the City in conjunction with the proposed Project;
• The Final EIR (includes DEIR) for the proposed Project; • All written comments submitted by agencies and members of the public during the public review comment periods on the DEIR;
• All responses to written comments submitted by agencies and members of the public during the public review comment period on the DEIR;
• The Mitigation Monitoring and Reporting Program (MMRP); • The reports and technical memoranda included or referenced in the Response to Comments of the Final EIR;
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Findings of Fact
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• All documents, studies, EIRs, or other materials incorporated by reference in the DEIR and Final EIR;
• The Ordinances and Resolutions adopted by the City in connection with the proposed Project, and all documents incorporated by reference therein; • Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations;
• Any documents expressly cited in these Findings; and
• Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e).

The documents and other material that constitute the record of proceedings on which these findings are based are located at the City of Fontana Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. The custodian for these documents is the City of Fontana. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e).

I. FINDINGS FOR ENVIRONMENTAL EFFECTS WHICH WERE DETERMINED NOT TO BE

SIGNIFICANT
Based upon the NOP and a review of the Project by the City, the City determined that the Project would have no impact or a less than significant impact on the following environmental topic areas and that no further, detailed analysis of these topics was required in the EIR:
• Agricultural Resources
• Recreation
• Wildfire
• Mineral Resources
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The evidence in support of the finding that the Project will not have a significant impact on these environmental topic areas are set forth in Section 2.3 of the DEIR which is incorporated by reference.

For those environmental impacts that were analyzed in the DEIR, the City determined, based upon the CEQA threshold criteria for significance, that the Project would have no impact or a less than significant impact to the following environmental topic areas, and that no mitigation measures were required. This determination is based upon the environmental analysis in the DEIR and the comments received on the DEIR. No substantial evidence was submitted to or identified by the City which indicated that the Project would result in a significant impact related to the following.

Aesthetics
Impact Finding: The Project would not have a substantial adverse effect on a scenic vista (DEIR

Facts in Support of Findings: Scenic resources in the Project area include views of the Jurupa Mountains, landscaped medians and parkway features on the south side of Jurupa Ave. The views are interrupted by existing vegetation, residential and industrial buildings of similar height, landscaping, streetlights and utility poles from public views adjacent to the Project site. The proposed building height, massing, setbacks, new sidewalks and layered landscaping along Catawba Avenue and Poplar Avenue is consistent with surrounding industrial development and would ensure that public views of the Jurupa Mountains remain visible to vehicles and pedestrians traveling north to south. Thus, future long-range views of the Jurupa Mountains would be consistent with existing conditions and views would continue to be available from public vantage points on surrounding streets. Therefore, the Project has a less than significant impact on scenic vistas in the area.

Impact Finding: The Project would not substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway (DEIR

Facts in Support of Findings: There are no officially designated state scenic highways in the vicinity of the Project. The closest Officially Designated State Scenic Highway is State Route 30 near Highlands, approximately 15 miles east from the Project site. Likewise, there are no City‐ designated scenic highways that run through the Project vicinity. Therefore, the Project would not substantially damage scenic resources within a state scenic highway and there would be no impact.

Impact Finding: The Project would not conflict with applicable zoning and other regulations governing scenic quality (DEIR Page 5.1-5 to 5.1-6).

Facts in Support of Finding: The Project site is located in an urban area surrounded by industrial uses. The Project site has a General Plan land use designation of Residential Trucking (R-T) and is within the City’s SWIP SP zone and is designated RTD in the SWIP SP. The Project includes a General Plan Amendment (GPA) to change the land use designation from R-T to General Industrial (I-G) and a Specific Plan Amendment (SPA) to change the site’s existing SWIP designation from RTD to Slover East Industrial District (SED). The proposed Project would not conflict with any applicable General Plan goals or policies, SWIP SP goals or policies, or SWIP SP SED development standards (as shown in DEIR Table 5.1-1). Additionally, the use of landscaping, building layout, finish materials, and accenting on the Project site would create a 485
quality architectural presence along the Poplar Avenue and Catawba Avenue frontages. Overall, the Project would meet the City objectives related to scenic quality of the Project site and SWIP SP area by complying with the SWIP SP development standards for the SED district and providing high quality development consistent with visual character and quality of surrounding industrial development. Therefore, the Project would not conflict with applicable zoning or other regulations governing scenic quality. Thus, impacts would be less than significant.

Impact Finding: The Project would not create a new source of substantial light or glare that would adversely affect day and nighttime views in the area (DEIR Page 5.1-6 to 5.1-7).

Facts in Support of Finding: The proposed Project is located in a developed area that is primarily developed with industrial uses. The nearest occupied residences are located approximately 0.3 mile to the north, south of Jurupa Avenue, which are screened from the Project site by existing industrial development directly south. Potential spill of light onto surrounding properties and “night glow” would be reduced by using hoods and other design features on the light fixtures used within the proposed Project. Implementation of the existing regulatory requirements per City of Fontana Ordinance No. 30-544 (Light and Glare), included as PPP AE1, would occur during the City’s permitting process and would ensure that impacts related to light and glare are less than significant.

The proposed building materials do not consist of highly reflective materials, lights would be shielded consistent with Municipal Code Sec. 30-544 requirements included as PPP AE-1, and the proposed landscaping along Project boundaries would screen sources of light and reduce the potential for glare. The proposed Project would create limited new sources of light or glare from security and site lighting but would not adversely affect day or nighttime views in the area given the similarity of the existing lighting in the surrounding urban environment. Thus, impacts would be less than significant.

Air Quality:

Impact Finding: The Project would not result in a cumulatively considerable net increase of a criteria pollutant for which the project region is non-attainment under and applicable federal or state ambient air quality standard (DEIR Page 5.2-25 to 5.2-27).

Facts in Support of Finding:

Construction
Pollutant emissions associated with construction would be generated from the following construction activities: (1) demolition of existing structures; (2) site preparation, grading, and excavation; (3) construction workers traveling to and from the Project site; (4) delivery and hauling of construction supplies to, and debris from, the Project site; (5) fuel combustion by onsite construction equipment; (6) building construction; application of architectural coatings; and (7) paving. These construction activities would temporarily create emissions of dust, fumes, equipment exhaust, and other air contaminants. The maximum daily construction emissions for the proposed Project were estimated using CalEEMod; and the modeling includes compliance with SCAQMD Rules 403 and 1113 (described above), which are included as PPP AQ-1 and PPP AQ-2 and would reduce air contaminants during construction. Table 5.2-6 provides the maximum daily emissions of criteria air pollutants from construction of the Project. As shown, emissions resulting from Project construction would not exceed the thresholds established by the SCAQMD.

Therefore, impacts would be less than significant, and no mitigation measures are required. 486
Operation
Implementation of the proposed Project would result in long-term regional emissions of criteria air pollutants and ozone precursors associated with area sources, such as natural gas consumption, landscaping, applications of architectural coatings, and consumer products. Operation of the proposed Project would include emissions from vehicles traveling to the Project site and from vehicles in the parking lots and loading areas. Area source emissions would occur from operation of a 200-horsepower diesel fire pump, which would be regulated and require a permit from SCAQMD (PPP AQ-4). As shown in Table 5.2-7, the Project’s net operational activities would not exceed the numerical thresholds of significance established by the SCAQMD for emissions of any criteria pollutants and impacts would be less than significant.

Regulatory Requirements:

PPP AQ-1: Rule 403. The Project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 403, which includes the following:
• All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. • The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered, with complete coverage of disturbed areas, at least 3 times daily during dry weather; preferably in the mid-morning, afternoon, and after work is done for the day.

The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less.

PPP AQ-2: Rule 1113. The Project is required to comply with the provisions of South Coast Air Quality Management District Rule (SCAQMD) Rule 1113. Only “Low-Volatile Organic Compounds” paints (no more than 50 gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.

PPP AQ-4: Rule 1470 – Requirements for Stationary Diesel-Fueled Internal Combustion and Other Compression Ignition Engines. The Project is required to obtain a permit from SCAQMD for the proposed diesel fire pump and would be required to comply with Rule 1470, regulating the use of diesel-fueled internal combustion engines.

Impact Finding: The Project would not expose sensitive receptors to substantial pollutant concentrations (DEIR Page 5.2-27 to 5.2-31).

Facts in Support of Finding:

Construction
CO Hotspots – As shown on Table 5.2-8 of the DEIR, the busiest intersection had a daily traffic volume of approximately 100,000 vehicles per day, and the 1-hour CO concentration was 4.6 ppm. This indicates that, even with a traffic volume of 400,000 vehicles per day, CO concentrations (4.6 ppm x 4 = 18.4 ppm) would still not exceed the most stringent 1-hour CO standard (20.0 ppm). As such, Project-related traffic volumes are less than the traffic volumes identified in the 2003 AQMP; and are not high enough to generate a CO “hot spot.” Therefore, impacts related to CO “hot spots” from operation of the proposed Project would be less than significant.
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Localized Construction Air Quality Impacts – DEIR Table 5.2-9 identifies daily localized onsite emissions that are estimated to occur during construction of the Project. As shown in Table 5.2- 9, emissions during the peak construction activity would not exceed the SCAQMD’s localized significance thresholds under this scenario, and impacts would be less than significant.

Construction Diesel Mobile Source Health Risk – A Construction Health Risk Assessment was prepared to evaluate the health risk impacts as a result of exposure to diesel particulate matter (DPM) as a result of heavy-duty diesel trucks, and equipment activities from Project construction.

The land use with the greatest potential exposure to Project construction-source DPM emissions is the single-family residence located at the northeast corner Santa Ana Avenue and Citrus Avenue, approximately 0.3 miles northeast of the Project site. As shown in DEIR Table 5.2-11, the maximum cancer risk for the sensitive receptor maximally exposed individual (MEI) would be

0.23 in one million, which would not exceed the SCAQMD cancer risk threshold of 10 in one million. The worker receptor risk would be lower given that worker receptors are only exposed to Project emissions for 12 hours each day in comparison to 24 hours a day for residential receptors and are exposed fewer days per year than residential receptors. The work receptor risk would be

0.04 in one million, which would also not exceed the SCAQMD cancer risk thresholds. The total chronic hazard index would be 0.003 for the worker receptor MEI and 0.000 for the sensitive receptor MEI, which is below the threshold of 1.0. In addition, the total acute hazard index would be nominal (0.000), which would also not exceed the threshold of 1.0, and impacts would be less than significant.

Operation
Localized Operational Air Quality Impacts – DEIR Table 5.2-10 shows that emissions from operation of the proposed Project would not exceed SCAQMD’s localized significance thresholds for any criteria pollutant at the nearest sensitive receptor. Therefore, implementation of the proposed Project would result in a less than significant impact related to localized operational emissions.

In December 2018, in the case of Sierra Club v. County of Fresno (2018) 6 Cal.5th 502 (“Friant Ranch”), the California Supreme Court held that an EIR's air quality analysis must meaningfully connect the identified air quality impacts to the human health consequences of those impacts, or meaningfully explain why that analysis cannot be provided. The Project would generate up to 55.2 lbs/day of NOX during construction and net 13.2 lbs/day of NOX during operations. The VOC emissions would be a maximum of 63.4 lbs/day during construction and net 3.4 lbs/day of during operations.

Therefore, the emissions are not sufficiently high enough to use a regional modeling program to correlate health effects on a basin-wide level. Notwithstanding, this evaluation does evaluate each of the Project’s development scenarios localized impacts to air quality for emissions of CO, NOX, PM10, and PM2.5 by comparing the onsite emissions to the SCAQMD’s applicable LST thresholds.

In addition, a Construction and Operational Health Risk Assessment was prepared, which is discussed below. As described previously, the proposed Project would not result in emissions that exceeded the SCAQMD’s LSTs. Therefore, the proposed Project would not be expected to exceed the most stringent applicable federal or state ambient air quality standards for emissions of CO, NOX, PM10, and PM2.5.

Operational Diesel Mobile Source Health Risk – A Health Risk Analysis was prepared to evaluate the operational health risk impacts as a result of exposure to DPM as a result of heavy-duty diesel trucks traveling to and from the Project site, maneuvering onsite, and entering and leaving the 488
site during operation of the proposed industrial uses. DEIR Table 5.2-12 shows that the cancer risk from the proposed Project’s DPM emissions would be below the SCAQMD’s threshold of 10 per million persons. Therefore, operation of the proposed Project would result in a less than significant impact related to the cancer risk from TAC emissions.

Impact Finding: The Project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people (DEIR Page 5.2-32).

Facts in Support of Finding: The proposed Project is an industrial development that does not involve the types of uses that would emit objectionable odors affecting a substantial number of people. Industrial land uses that emit odors typically involve manufacturing facilities, paint/coating operations, refineries, chemical manufacturing, and food manufacturing facilities. Currently, future tenants of the warehouse are unknown, however, if potential concerns related to odors are identified for future building uses, the County would require appropriate hazardous materials permitting and odor minimization plans or features in compliance with SCAQMD Rule 402.

During construction, emissions from construction equipment, architectural coatings, and paving activities may generate odors. However, these odors would be temporary and intermittent in nature and would not affect a substantial number of people. In addition, all Project-generated solid waste would be stored in covered containers and removed at regular intervals in compliance with solid waste regulations and would not generate objectionable odors. Therefore, impacts associated with other operation- and construction-generated emissions, such as odors, would be less than significant.

Regulatory Requirements:

PPP AQ-3: Rule 402. The Project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 402. The Project shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.

Biological Resources:

Impact Finding: The Project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service (DEIR Page 5.3-19 to 5.3-20).

Facts in Support of Finding: The General Biological Assessment did not identify special status plant or animal species on the Project site. In addition, no potentially suitable habitat for special status plant or animal species was identified onsite. Therefore, Project development and operation would not result in a substantial adverse effect, either directly or indirectly or through habitat modification, on any plant or animal species identified as a Threatened, Endangered, or Candidate species in local or regional plans, policies, or regulation or by the CDFW or USFWS and no impact would occur.

Impact Finding: The Project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or 489
by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service (DEIR Page

5.3-20).

Facts in Support of Findings: The General Biological Assessment identified that the Project site does not contain any riparian habitat, jurisdictional streambed or wetland areas, or sensitive natural community identified by USFWS or CDFW. Thus, impacts to these resources would not occur from implementation of the proposed Project.

Impact Finding: The Project would not have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means (DEIR Page 5.3-20).

Facts in Support of Findings: According to the General Biological Assessment, the Project site does not contain any jurisdictional areas that would be subject to Section 404 of the Clean Water Act, and the proposed Project does not involve any hydrological interruption of any existing water resources. Thus, impacts to federally protected wetlands, as defined by Section 404 of the Clean Water Act, would not occur from implementation of the proposed Project.

Impact Finding: The Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance (DEIR Page 5.3-21).

Facts in Support of Findings: The Project site was surveyed by a qualified arborist and there were no protected trees pursuant to Chapter 28 Article III of the City’s Municipal Code found on site. Therefore, the Project would have no impacts regarding any local polices or ordinances protecting biological resources.

Impact Finding: The Project would not conflict with the provisions of an adopted habitat conversation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan (DEIR Page 5.3-21).

Facts in Support of Findings: The Project site is not located within the boundary of an adopted Habitat Conservation Plan (HCP) or Natural Community Conservation Plan (NCCP). Thus, no impact would occur in this regard.

Cultural Resources
Impact Finding: The Project would not cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5 (DEIR Page 5.4-6).

Facts in Support of Findings: The Project site is entirely developed with 40 residential structures on 41 parcels, many with associated detached garages, sheds, and other ancillary structures.

The field survey conducted as part of the Cultural Resources Study identified 33 historic era (older than 50 years) structures within the Project site. However, results of the historic structure evaluation determined that the structures do not qualify for designation under the Fontana Local Register and do not meet the definition of a historical resource under the CRHR or pursuant to CEQA Guidelines § 15064.5. Although the properties were constructed during pivotal moments in the history of Fontana, no specific information was identified to indicate that the properties exemplify or represent a special element of Fontana and California’s history and cultural heritage under CRHR Local Register Criterion. As a result, they are not considered historic resources 490
under CEQA. The project would result in less than significant impacts, and no mitigation is required.

Impact Finding: The Project would not disturb any human remains, including those interred outside formal cemeteries (DEIR Page 5.4-8).

Facts in Support of Findings: The Project site has not been previously used as a cemetery.

However, it is possible that human remains are buried outside of formal cemeteries. In the case that human remains are found on the Project site, the Project would be required to comply with California Health and Safety Code Section 7050.5, Public Resources Code Section 5097.98, and CEQA Guidelines Section 15064.5, which provide guidance on the discovery of human remains and their treatment or disposition with appropriate dignity. Through mandatory compliance with these required regulations, impacts would be less than significant.

Regulatory Requirements:

PPP CUL-1: Human Remains. If human remains are found on this site, the developer/permit holder or any successor in interest shall comply with State Health and Safety Code Section 7050.5. Pursuant to State Health and Safety Code Section 7050.5, if human remains are encountered, no further disturbance shall occur until the San Bernardino County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resources Code Section 5097.98 (b), remains shall be left in place and free from disturbance until a final decision as to the treatment and their disposition has been made. If the San Bernardino County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted by the Coroner within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the “Most Likely Descendant”. The Most Likely Descendant shall then make recommendations and engage in consultation with the property owner concerning the treatment of the remains as provided in Public Resources Code Section 5097.98.

Energy
Impact Finding: The Project would not result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation (DEIR Page 5.5-6).

Facts in Support of Finding:

Construction
Construction activities related to the proposed Project and the associated infrastructure are not expected to result in demand for fuel greater than other development projects in Southern California on a per-unit-of-development basis. As detailed in Table 5.5-1 of the DEIR, construction-related activities would utilize approximately 71,954.2 gallons of diesel fuel and 48,144.7 gallons of gasoline. Construction contractors are required to demonstrate compliance with applicable California Air Resources Board (CARB) regulations governing the accelerated retrofitting, repowering, or replacement of heavy-duty diesel on- and off-road equipment. In addition, compliance with existing CARB idling restrictions and the use of newer engines and equipment would reduce fuel combustion and energy consumption. Additionally, CCR Title 13, Motor Vehicles, section 2449(d)(3) Idling, limits idling times of construction vehicles to no more than 5 minutes, thereby precluding unnecessary and wasteful consumption of fuel due to unproductive idling of construction equipment.
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Based on EMFAC2021, approximately 907.3 million gallons of gasoline and approximately 325.0 million gallons of diesel will be consumed from vehicle trips in San Bernardino County in 2023.

Construction of the proposed Project would increase the annual construction-generated fuel use in San Bernardino County by approximately 0.02 percent for diesel fuel usage and by less than

0.01 percent for gasoline fuel usage. Therefore, Project construction would have a negligible effect on local and regional energy supplies.

Construction activities would require limited energy consumption, would comply with all existing regulations, and would therefore not be expected to use large amounts of energy or fuel in a wasteful manner. Thus, impacts related to construction energy usage would be less than significant.

Operation
Once operational, the Project building would generate demand for electricity, natural gas, as well as gasoline for motor vehicle trips. Operational use of energy includes the heating, cooling, and lighting of buildings, water heating, operation of electrical systems and plug-in appliances within buildings, parking lot and outdoor lighting, and the transport of electricity, natural gas, and water to the areas where they would be consumed. This use of energy is typical for urban development, and no operational activities or land uses would occur that would result in extraordinary energy consumption.

It is anticipated that the proposed Project would utilize 48,748.4 gallons of gasoline per year and 211,497.9 gallons of diesel per year. The Project would result in a net decrease of 12,518 therms per year and a net consumption of 2,136,294 kilowatts (kWh) per year of electricity. Because this use of energy is typical for urban development, no operational activities or land uses would occur that would result in extraordinary energy consumption, and County permitting would assure that existing regulations related to energy efficiency and consumption, such as Title 24 regulations (PPP E-1) and CCR Title 13, Motor Vehicles, section 2449(d)(3) related to idling, would be implemented. Therefore, impacts related to operational energy consumption would be less than significant.

Regulatory Requirements:

PPP E-1: CalGreen Compliance. The Project is required to comply with the CalGreen Building Code to ensure efficient use of energy. CalGreen specifications are required to be incorporated into building plans as a condition of building permit approval.

Impact Finding: The Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency (DEIR Page 5.5-8).

Facts in Support of Finding: The Project would be required to meet the CCR Title 24 (PPP E1) energy efficiency standards in effect during permitting of the Project. The City’s administration of the CCR Title 24 requirements includes review of design components and energy conservation measures that occurs during the permitting process, which ensures that all requirements are met.

The Project would not conflict with the idling limits imposed by CCR Title 13, Motor Vehicles, section 2449(d)(3) Idling and the City of Fontana’s Industrial Commerce Centers Sustainability Standards. Also, the Project would not conflict with or obstruct opportunities to use renewable energy, such as solar energy. The Project building would be solar ready and would be required 492
to install solar panels in order to offset 100 percent of the future tenant’s energy needs. Thus, the proposed Project would not obstruct the use of renewable energy or energy efficiency. The proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency; impacts would be less than significant.

Regulatory Requirements:

PPP E-1: CalGreen Compliance, as listed above.

Geology and Soils
Impact Finding: The Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the state geologist for the area of based on other substantial evidence of a known fault (DEIR Page 5.6- 10).

Facts in Support of Finding: The Project site is not within an Alquist-Priolo Earthquake Fault Zone, and there are no known active faults within 500 feet of the site. The nearest active fault zones are the Sierra Madre Fault Zone, approximately eight miles north of the Project site, and the San Jacinto Fault Zone, approximately nine miles east of the Project site. Since no known faults exist within a mile of the Project site, and the site is not located within an Alquist-Priolo Earthquake Fault Zone, impacts related to rupture of a known earthquake fault would be unlikely to occur.

Impact Finding: The Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking (DEIR

Facts in Support of Finding: The Project site is within a seismically active region, with numerous faults capable of producing significant ground motions. Project development could subject people and structures to hazards from ground shaking. However, seismic shaking is a risk throughout Southern California, and the Project site is not at a greater risk of seismic activity or impacts as compared to other areas within the region.

The City has adopted the California Building Code (CBC) as part of the Municipal Code Chapter 5, Article III, Section 5-61, which regulates all building and construction projects within the County and implements a minimum standard for building design and construction that includes specific requirements for seismic safety, excavation, foundations, retaining walls, and site demolition. All structures within the City are required to be built in compliance with the CBC. Therefore, the Project is required to be constructed in compliance with the CBC and the Municipal Code, which would be verified through the City’s plan check and permitting process and is included as PPP GEO-1; thus, the Project would result in a less than significant impact related to strong seismic ground shaking.

Regulatory Requirements:
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PPP GEO-1: CBC Compliance. The project is required to comply with the California Building Standards Code as included in Chapter 5, Article III, Section 6-51 of the Fontana Municipal Code to preclude significant adverse effects associated with seismic and soils hazards. CBC related and geologist and/or civil engineer specifications for the proposed Project are required to be incorporated into grading plans and building specifications as a condition of construction permit approval.

Impact Finding: The Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides (DEIR Page 5.6-11).

Facts in Support of Finding: According to the Geotechnical Investigation prepared for the Project, the site and the adjacent parcels are relatively flat, with a slight slope in the southerly direction and do not contain any hills or steep slopes. As such, no landslides on or adjacent to the Project site would occur. Therefore, the project would have no impact related to landslides.

Impact Finding: The Project would not result in substantial soil erosion or the loss of topsoil (DEIR Page 5.6-11).

Facts in Support of Finding:

Construction
Construction of the Project has the potential to contribute to soil erosion and the loss of topsoil through grading and excavation activities. Upon compliance with the City Municipal Code Chapter 23, Article IX Preventing Discharge of Pollutants into Storm Drains, the Regional Water Quality Control Board (RWQCB) requirements, and the BMPs in the Stormwater Pollution Prevention Plan (SWPPP) (PPP HYD-2), potential construction impacts related to erosion and loss of topsoil at the Project site would be less than significant.

Operation
The project scope includes the installation of landscaping adjacent to the proposed building and throughout the parking areas, thus eliminating areas that could erode by wind or water. In addition, the hydrologic features of the Project have been designed to slow, filter, and retain stormwater within landscaping and the proposed underground infiltration basins, which would also reduce the potential for stormwater to erode topsoil. Furthermore, the Water Quality Management Plan (WQMP) (PPP HYD-3), would ensure that RWQCB requirements and appropriate operational BMPs would be implemented to minimize or eliminate the potential for soil erosion or loss of topsoil to occur. As a result, potential impacts related to substantial soil erosion or loss of topsoil would be less than significant.

PPP HYD-2: NPDES/SWPPP. Prior to issuance of any grading or construction permits - whichever comes first - the applicant shall provide the Building and Safety Department evidence of submitting a Notice of Intent (NOI), develop and implement a Stormwater Pollution Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site.

PPP HYD-3: WQMP. Pursuant to City Municipal Code Section 30-526, Infrastructure, the Project Applicant shall prepare a Water Quality Management Plan (WQMP) that is consistent with the San Bernardino County Flood Control District Standards and follows the WQMP guidance. 494
Impact Finding: The Project would not be located on expansive soils, as defined in Table 18-1- B pf the Uniform Building Code (1994) and would not create substantial risks to life or property (DEIR Page 5.6-13).

Facts in Support of Finding: The near-surface soils at the Project site consist of gravelly sands, sands, and silty sands with no appreciable clay content. These materials are considered nonexpansive. The project site does not contain expansive soils. Therefore, no impacts related to expansive soils would occur.

Impact Finding: The Project would not have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater (DEIR Page 5.6-14).

Facts in Support of Finding: The Project includes installation of an onsite sewer system that would connect to the existing 8-inch sewer lines in Poplar Avenue and Catawba Avenue. The Project would not use septic tanks or alternative wastewater disposal systems. Therefore, the Project would have no impacts related to septic tanks or alternative wastewater disposal systems.

Greenhouse Gas Emissions
Impact Finding: The Project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment (DEIR Page 5.7-13).

Facts in Support of Finding:

The proposed Project would generate GHG emissions from construction activities, operational transportation, energy, waste disposal, and area sources (such as onsite equipment).

Construction emissions were amortized over 30 years in the greenhouse gas (GHG) analysis and combined with annual operational emissions, as recommended by the SCAQMD.

Long-term operations of uses proposed by the Project would generate greenhouse gas emissions from the following primary sources: area source emissions, energy source emissions, mobile source emissions, stationary source emissions, water supply, treatment, and distribution, and solid waste. With incorporation of the City of Fontana’s Industrial Commerce Centers Sustainability Standards (included as PPP GHG-1) into the Project design, construction and operation of the Project would generate a net total of approximately 2,893.3 MTCO2e/yr, which is below the SCAQMD threshold of 3,000 MTCO2e/yr. Thus, impacts would be less than significant.

Regulatory Requirements:

PPP GHG-1: City of Fontana’s Industrial Commerce Centers Sustainability Standards. Prior to issuance of a business license, the City of Fontana Planning Director shall ensure that the proposed Project implements the requirements set forth in the City of Fontana’s Industrial Commerce Centers Sustainability Standards that are applicable to the Project. 495
Impact Finding: The Project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases (DEIR Page 5.7-15).

Facts in Support of Finding: The Project would provide contemporary, energy-efficient/energyconserving design features and operational procedures. The Project would not interfere with the state’s implementation of AB 1279’s target of 85 percent below 1990 levels and carbon neutrality by 2045 because it is consistent with the GHG reduction measures listed in CARB’s Updated Scoping Plan (2022) (as shown in Table 5.7-2), which is intended to achieve the reduction targets required by the State. The Project is also consistent with the City of Fontana General Plan Conservation Element, as shown in Table 5.7-3 of the DEIR. The Project would not result in a conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs, and impacts would be less than significant.

Regulatory Requirements:

PPP E-1: CALGreen Compliance, as listed above.

PPP GHG-1: City of Fontana’s Industrial Commerce Centers Sustainability Standards, as listed above.

Hazards and Hazardous Materials
Impact Finding: The Project would not create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials (DEIR Page

5.8-10).

Facts in Support of Finding:

Construction
Construction activities would involve the routine transport, use, and disposal of hazardous materials such as paints, solvents, oils, grease, and caulking. In addition, hazardous materials would routinely be needed for fueling and servicing construction equipment on the site. All storage, handling, use, and disposal of these materials are regulated by federal, state, and local regulations. Construction contractors are required to comply with all regulations regarding hazardous materials. Additionally, construction activities would require a SWPPP (PPP HYD-1 and PPP HYD-2), which would include strict onsite handling rules and BMPs to minimize potential adverse effects to workers, the public, and the environment during construction. Therefore, impacts related to construction materials would be less than significant.

Operation
The future building occupants for this development are not yet identified. Depending on the type of business that would occupy the proposed warehouse building, operations would require the use of various types and quantities of hazardous materials, including lubricants, solvents, cleaning agents, wastes, paints and related wastes, petroleum, wastewater, batteries, (lead acid, nickel cadmium, nickel, iron, carbonate), scrap metal, and used tires. These hazardous materials would be used, stored, and disposed of in accordance with applicable regulations and standards. If the operations of future tenants of the proposed warehouse facility exceed established thresholds, Certified Unified Program Agency (CUPA) permits will be required. In Fontana, the San 496
Bernardino County Fire Department is the CUPA. Additionally, businesses would be required to provide workers with training on the safe use, handling, and storage of hazardous materials.

Compliance with existing laws and regulations governing hazard and hazardous materials would reduce potential impacts related to the routine transport, use, and disposal of the hazardous materials to less than significant.

Regulatory Requirements:

PPP HAZ-1: SCAQMD Rule 1403. Prior to issuance of a Demolition Permit, the Project Applicant/Developer shall submit verification to the County Building Division that an asbestos survey has been conducted at all existing buildings located on the Project site. If asbestos is found, the Project Applicant/Developer shall follow all procedural requirements and regulations of SCAQMD 1403. Rule 1403 regulations require the following actions be taken: notification of SCAQMD prior to construction activity, asbestos removal in accordance with prescribed procedures, placement of collected asbestos in leak-tight containers or wrapping, and proper disposal.

PPP HAZ-2: Transportation of Hazardous Waste. Hazardous materials and hazardous wastes will be transported to and/or from the project developed as required by the County of San Bernardino’s Hazardous Materials Division in compliance with any applicable state and federal requirements, including the U.S. Department of Transportation regulations listed in the Code of Federal Regulations (CFR) (Title 49, Hazardous Materials Transportation Act); California Department of Transportation standards; and the California Occupational Safety and Health Administration standards.

PPP HAZ-3: Resource Conservation and Recovery Act. Hazardous waste generation, transportation, treatment, storage, and disposal will be conducted in compliance with the Subtitle C of the Resource Conservation and Recovery Act (RCRA) (Code of Federal Regulations, Title 40, Part 263), including the management of nonhazardous solid wastes and underground tanks storing petroleum and other hazardous substances. The San Bernardino County Fire Department serves as the designated Certified Unified Program Agency (CUPA) which implements state and federal regulations for the following programs: (1) Hazardous Materials Release Response Plans and Inventory Program, (2) California Accidental Release Prevention (CalARP) Program, (3) Aboveground Petroleum Storage Act Program, and (4) UST Program (5) Hazardous Waste Generator and Onsite Hazardous Waste Treatment Programs (6) Hazardous Materials Management Plan and Hazardous Material Inventory Statement Program.

PPP HYD-1: Comply with NPDES. Since this Project is one acre or more, the permit holder shall comply with all of the applicable requirements of the National Pollutant Discharge Elimination System (NPDES) and shall conform to NPDES Best Management Practices for Stormwater Pollution Prevention Plans during the life of this permit.

PPP HYD-2: NPDES/SWPPP, as listed above.

Impact Finding: The Project would not create a significant hazard to the public or the environment through reasonably foreseeable upset or accident conditions involving the release of hazardous materials into the environment (DEIR Page 5.8-12).

Facts in Support of Finding:
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Construction
Construction of the Project would involve the limited use and disposal of hazardous materials.

However, the amount of hazardous materials onsite would be limited, and construction activities would be required to adhere to all applicable regulations regarding hazardous materials storage and handling as well as to implement construction BMPs. Development of a SWPPP through fulfillment of PPP HYD-2 would prevent a hazardous materials release and allow to promptly contain and clean up any spills, which would minimize the potential for harmful exposures. With compliance to existing laws and regulations, which is mandated by the City through construction permitting, the Project’s construction-related impacts would be less than significant.

Asbestos abatement contractors must follow state regulations contained in California Code of Regulations Sections 1529, and 341.6 through 341.14 as implemented by SCAQMD Rule 1403 (PPP HAZ-1) to ensure that ACMs removed during demolition or redevelopment of the existing buildings is transported and disposed of at an appropriate facility. The contractor and hauler of the material are required to file a Hazardous Waste Manifest which details the hauling of the material from the site and the disposal of it. Section 19827.5 of the California Health and Safety Code requires that local agencies not issue demolition permits until an applicant has demonstrated compliance with notification requirements under applicable federal regulations regarding hazardous air pollutants, including ACMs.

Operation
The future tenant within the Project site may use, store, and dispose of various types and quantities of hazardous materials and would be required to comply with any applicable regulations and standards. CUPA would require the future tenants to prepare Business Emergency/Contingency Plans, which provide information to emergency responders and the public regarding hazardous materials, and coordinates reporting of releases and spill response among businesses and local, state, and federal government authorities.

In accordance with PPP HYD-3, the Project would include a WQMP that incorporates BMPs to protect human health and the environment should any accidental spills or releases of hazardous materials occur during operation of the Project. Therefore, the Project would not result in a significant hazard to the public or the environment through reasonably foreseeable upset or accident conditions involving the release of hazardous materials into the environment. Impacts related to hazardous materials from operation would be less than significant.

Regulatory Requirements:

PPP HAZ-1: SCAQMD Rule 1403, as listed above.

PPP HAZ-2: Transportation of Hazardous Materials, as listed above.

PPP HAZ-3: Resource Conservation and Recovery Act, as listed above.

PPP HYD-2: NPDES/SWPPP. Prior to issuance of any grading or construction permits - whichever comes first - the applicant shall provide the Building and Safety Department evidence of submitting a Notice of Intent (NOI), develop and implement a Stormwater Pollution Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site.

PPP HYD-3: WQMP. Pursuant to City Municipal Code Section 30-526, Infrastructure, the Project Applicant shall prepare a Water Quality Management Plan (WQMP) that is consistent with the San Bernardino County Flood Control District Standards and follows the WQMP guidance. 498
Impact Finding: The Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within 0.25 mile of an existing or proposed school (DEIR Page 5.8-13).

Facts in Support of Finding: The closest school to the Project site is Jurupa Hills High School, located approximately 0.36-mile northwest of the Project site. However, with the use of Citrus Avenue to access the freeway, Project operation would include passing of trucks within 0.25 mile of a school, including Jurupa Hills High School. However, the use of hazardous materials would be limited and used and disposed of in compliance with federal, state, and local regulations, which would reduce the potential of accidental release into the environment. Additionally, as evaluated in the air quality analysis of the DEIR Section 5.2, construction and operation related emissions would not cause or contribute to an exceedance of the federal or state air quality standards. Thus, the Project would not emit hazardous or handle acutely hazardous materials, substances, or waste within 0.25 mile of school, and the Project would result in less than significant impacts.

Impact Finding: The Project would not be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and would not create a significant hazard to the public or the environment (DEIR Page 5.8-13).

Facts in Support of Finding: Nine properties within and near the Project site are listed on hazardous materials databases. two sites are located on the Project site, four sites are located adjacent to the Project site and three sites are north of the Project site. However, none of these sites have been identified as containing recognized environmental concerns (RECs) that could cause a hazard to the public or environment. Therefore, proposed construction and operation of the Project site would not create a significant hazard to the public or the environment and impacts would be less than significant.

Impact Finding: The Project would not result in a safety hazard or excessive noise for people residing or working in the Project area for a project area for a project located within an airport land use plan or, where such a plan has not been adopted, be within two miles of a public airport or public use airport (DEIR Page 5.8-16).

Facts in Support of Finding: The Project Site is approximately 7.8 miles east of the Ontario International Airport; the site is within the 60-65 dB CNEL noise contour. However, the Project uses are considered “normally compatible” under the Ontario International Airport Land Use Compatibility Plan and therefore would not be subject to excessive noise levels due to operations at Ontario International Airport. The site is also outside of the established airport safety zones.

Thus, the Project would not result in a safety hazard or excessive noise for people residing or working in the area. As such, no impact would occur.

Impact Finding: The Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan (DEIR Page 5.8-16).

Facts in Support of Finding:

Construction
Construction activities, including equipment and supply staging and storage, would occur within the Project site and would not restrict access of emergency vehicles to the Project site or adjacent areas. Construction activities that may temporarily restrict vehicular traffic would be required to implement adequate measures to facilitate the safe passage of persons and vehicles during 499
required temporary road restrictions. In accordance with the Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9), prior to any activity that would encroach into a right-of-way, the area of encroachment must be safeguarded through the installation of safety devices to ensure that construction activities would not physically interfere with emergency access or evacuation. Therefore, the Project would not block any evacuation routes or conflict with an emergency response plan, and impacts related to interference with an adopted emergency response of evacuation plan during construction activities would be less than significant.

Operation
The Project would include vehicular access to the Project site from surrounding roadways including Poplar Avenue and Catawba Avenue. These driveways and roadways would provide adequate and safe circulation to, from, and through the Project site and would provide a variety of routes for emergency responders to access the site and surrounding areas. The Project would comply with Municipal Code standards, which will require design and construction specifications to allow adequate emergency access to the site and ensure that roadway improvements would meet public safety requirements. Furthermore, drivers are expected to comply with all state driving laws, roadway signage, as well as restrictions related to vehicle stopping and parking. Therefore, the Project would not impair implementation or interfere with adopted emergency response or evacuation plans and impacts would be less than significant.

Impact Finding: The Project would not expose people or structures, either directly or indirectly to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands (DEIR Page 5.8- 17).

Facts in Support of Finding: The Project site is entirely developed with 40 residential structures on the 41 parcels and is located in an industrial area that is not within an identified wildland fire hazard area or an area where residences are intermixed with wildlands. Additionally, the Project is not located within a High and Very High Fire Hazard Severity Zone. Project implementation would require adherence to Fontana Land Development Engineering Standards and to the City Development Code to reduce potential fire hazards. The Project would also be required to comply with guidelines from the San Bernardino County Fire Department related to fire prevention and subject to review during the plan check process by the City Building Division. Therefore, the Project would not expose people or structures to a significant risk of loss, injury, or death from wildfires, and impacts would be less than significant.

Hydrology and Water Quality
Impact Finding: The Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality (DEIR Page 5.9- 9).

Facts in Support of Finding:

Construction
The Project Applicant would be required to implement the requirements of the applicable MS4 NPDES Permit and with the Construction General Permit. Under the Construction General Permit, the Project would be required to prepare a SWPPP, which would include the use of BMPs to prevent potentially polluted stormwater from leaving the construction site. Mandatory 500
development and compliance with the SWPPP is included as PPP HYD-1 and PPP HYD-2.

Adherence to the existing requirements, including the Fontana Municipal Code, MS4 permit, and the Construction General Permit, would ensure that Project impacts related to construction activities resulting in a degradation of water quality would be less than significant.

Operation
Project operation would introduce the potential for pollutants such as chemicals from cleaners, pesticides and sediment from landscaping, trash and debris, and oil and grease from vehicles.

These pollutants could potentially discharge into surface waters and result in degradation of water quality. However, the proposed project would be required to incorporate a water quality management plan (WQMP) that includes post-construction Low Impact Development (LID) site design, source control, and treatment control BMPs, included as PPP HYD-3. The LID site design would minimize impervious surfaces and provide infiltration of runoff into landscaped areas.

A preliminary WQMP has been prepared and would be reviewed and approved by the City during the Project permitting and approval process. With implementation of the operational source and treatment control BMPs that is outlined in the preliminary WQMP, potential pollutants would be reduced to the maximum extent feasible, and implementation of the Project would not substantially degrade water quality. Therefore, impacts would be less than significant.

Regulatory Requirements:

PPP HYD-1: Comply with NPDES, as listed above.

PPP HYD-2: NPDES/SWPPP, as listed above.

PPP HYD-3: WQMP, as listed above.

Impact Finding: The Project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the basin (DEIR Page 5.9-10).

Facts in Support of Finding:

The Project would result in 469,135 SF of new impervious surface on the Project site, which has the potential to reduce overall site capacity to infiltrate stormwater and provide groundwater recharge to the underlying basin. However, in accordance with the WQMP, the Project would include an infiltration basin that would capture and infiltrate the required 24-hour, 85th percentile storm event, maintaining overall groundwater recharge capability of the Project site as specific in the Project’s WQMP. In addition, the Project includes installation of landscaping that would infiltrate stormwater onsite. As a result, the proposed Project would not decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the basin. Therefore, the Project would have less than significant impact.

Regulatory Requirements:

PPP HYD-1: Comply with NPDES, listed above.

PPP HYD-3: WQMP, as listed above.
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Impact Finding: The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site (DEIR Page 5.9-12).

Facts in Support of Finding:

Construction
The existing NPDES Construction General Permit requires preparation and implementation of a SWPPP by a Qualified SWPPP Developer for construction activities that disturb one-acre or more of soils (PPP HYD-2). The SWPPP is required to address site-specific conditions related to potential sources of sedimentation and erosion and would list the required BMPs that are necessary to reduce or eliminate the potential of erosion or alteration of a drainage pattern during construction activities. With implementation of the existing construction regulations that would be verified by the County during the permitting approval process, impacts related to alteration of an existing drainage pattern during construction that could result in substantial erosion or siltation would be less than significant.

Operation
The Project would result in an increase in impervious areas. However, the stormwater runoff from the addition of impervious surfaces onsite would be conveyed into an underground infiltration basin per the Project’s WQMP (PPP HYD-1 and PPP HYD-3). Further, the BMPs identified in the WQMP would reduce the potential for erosion and siltation. The City’s Engineering Department would review the proposed drainage, water quality design, and engineering plans during the permitting approval process to ensure they meet the City’s NPDES Permit and limits the potential for erosion and siltation. Adherence to the existing regulation and PPP HYD-3 would ensure that Project impacts related to erosion and siltation from operational impacts would be less than significant.

Regulatory Requirements:

PPP HYD-1: Comply with NPDES, as listed above.

PPP HYD-2: NPDES/SWPPP, as listed above.

PPP HYD-3: WQMP, as listed above.

Impact Finding: The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site (DEIR Page 5.9-13).

Facts in Support of Finding:

Construction
Implementation of the Project requires a SWPPP (included as PPP HYD-2) that would address site specific drainage issues related to construction of the Project and include BMPs to eliminate the potential of flooding or alteration of a drainage pattern during construction activities. Therefore, impacts would be less than significant.

Operation
The Project includes the installation of new storm water drainage facilities, including an underground infiltration basin, and pervious landscaped areas. The new drainage facilities 502
proposed for the Project have been sized to be consistent with the County MS4 permit requirements and the City’s WQMP requirements (PPP HYD-1 and PPP HYD-3), which requires capture and infiltration of the 24-hour, 85th percentile storm event. Thus, implementation of the Project would not substantially increase the rate or amount of surface runoff such that flooding would occur, and impacts would be less than significant.

Regulatory Requirements:

PPP HYD-1: Comply with NPDES, as listed above.

PPP HYD-2: NPDES/SWPPP, as listed above.

PPP HYD-3: WQMP, as listed above.

Impact Finding: The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff (DEIR Page 5.9-14).

Facts in Support of Finding: The runoff generated by the Project would be conveyed to an infiltration basin. All runoff from the site would be released from the basin via storm drain connection at the southwestern portion of the site. These flows would then proceed to follow the existing drainage pattern along Poplar Avenue to Declez Channel. The basin has been sized to accommodate the anticipated flows, and would control drainage, such that it would not exceed the capacity of the stormwater drainage system. Therefore, the Project would result in a less than significant impact on the capacity of existing or planned stormwater drainage systems and/or additional sources of polluted runoff.

Regulatory Requirements:

PPP HYD-1: Comply with NPDES, as listed above.

PPP HYD-3: WQMP, as listed above.

Impact Finding: The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would impede or redirect flood flows (DEIR Page 5.9- 14).

Facts in Support of Finding: The Project site is located within “Zone X” flood plain area of FEMA FIRM Map 16071C8665H, which is outside of the 100-year floodplain. Although the Project would result in a substantial increase in impervious surfaces on the site, the proposed drainage infrastructure would maintain the existing drainage pattern and accommodate flows, such that storm flows would not be impeded or redirected. Therefore, impacts would be less than significant.

Regulatory Requirements:

PPP HYD-1: Comply with NPDES, as listed above.
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PPP HYD-3: WQMP, as listed above.

Impact Finding: The Project would not be located in flood hazard, tsunami, or seiche ones, and risk release of pollutants due to Project inundation (DEIR Page 5.9-14).

Facts in Support of Finding: The project is not located within a flood hazard zone or within a coastal area; therefore, the project would result in less than significant impact on flood hazard or tsunami hazard. Additionally, the Project site does not contain and is not adjacent to any water bodies that could seiche. The nearest body of water is Santa Ana River, approximately six miles to the east, which is not a contained body of water with seiche potential. Therefore, the Project would result in no impacts related to seiche.

Impact Finding: The Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan (DEIR Page 5.9-15).

Facts in Support of Finding: The Project applicant would be required to prepare and implement a SWPPP during Project construction to avoid potential construction-related water quality impacts (PPP HYD-1 and PPP HYD-2) per the Construction General Permit. The Project applicant would also be required to prepare and implement a WQMP to treat and capture post-construction stormwater runoff as part of Project operation per the County’s MS4 NPDES permit (PPP HYD3). Through implementation of the applicable construction and post-construction permitting requirements, the Project would not conflict with or obstruct implementation of a water quality control plan.
the Project site overlays the Chino Basin, which is adjudicated and has a Recharge Master Plan in place. Identified recharge facilities are located outside of the Project site and would not be impacted by the development. In addition, as described previously, stormwater would be infiltrated onsite; and a reduction in groundwater recharge from development of the Project site would not occur. As discussed above, because the basin is adjudicated, it is exempt from further requirements under SGMA. Therefore, the Project would be consistent with the groundwater management plan and would not conflict with or obstruct its implementation. Thus, impacts related to water quality control plan or sustainable groundwater management plan would be less than significant.

Land Use and Planning
Impact Finding: The Project would not physically divide an established community (DEIR Page

5.10-7).

Facts in Support of Finding: The Project would develop an industrial warehouse on a site that is currently surrounded by industrial uses. The current site is developed with 40 residential units that would be removed as part of the Project. The Project would include a General Plan Amendment to change the existing land use designation from Residential Trucking (R-T) to General Industrial (I-G) and a Specific Plan Amendment to change the site’s existing SWIP designation from Residential Trucking District (RTD) to Slover East Industrial District (SED).

However, the Project would be consistent with the existing surrounding uses. Therefore, the Project would not physically divide an established community, and would result in no impact.

Impact Finding: The Project would not cause a significant environmental impact due to conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the 504
Project adopted for the purpose of avoiding or mitigating an environmental effect (DEIR Page

5.10-8).

Facts in Support of Finding: The Project would be required to comply with all applicable Federal, State, regional, and local land use plans, policies, and regulations. The Project includes a General Plan Amendment and a Specific Plan Amendment to change the site’s land use designation.

However, the proposed amendments are consistent with the policies and intent of the General Plan and Southwest Industrial Park Specific Plan (SWIP SP).

SCAG Regional Transportation Plan/Sustainable Communities Strategy Policies: SCAG’s RTP/SCS policies focus largely on regional transportation and the efficiency of transportation, which are not directly applicable to the Project. The Project would not conflict with the adopted RTP/SCS (see Table 5.10-1). Therefore, impact would be less than significant.

City of Fontana General Plan Policies, Goals, and Implementation Measures – Land Use Consistency: The Project would include a General Plan Amendment to change the existing land use designation from R-T to I-G. The I-G designation is intended for uses such as manufacturing, warehousing, fabrication, assembly, processing, trucking, equipment, automobile and truck sales and services. The Project also includes a Specific Plan Amendment to change the site’s existing SWIP designation from RTD to SED, which allows for development for up to a maximum Floor Area Ratio (FAR) of 0.55 with a 15% development incentive for green buildings. The proposed General Plan Amendment and Specific Plan Amendment would make the Project more consistent and compatible with its surrounding uses which are all designated I-G by the General Plan and SED by the SWIP.

The Project would be consistent with the proposed General Plan and SWIP designations for the site and would utilize the “No Net Loss Bank” for the loss of 38 dwelling units. Furthermore, the Project would be consistent with the applicable City General Plan and SWIP Goals and Policies (see Table 5.10-2 and 5.10-3). Therefore, the project would have no impact related to conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the Project adopted for the purpose of avoiding or mitigating an environmental effect.

Noise
Impact Finding: The Project would not Project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies (DEIR Page 5.11-13 to 5.13-17).

Facts in Support of Finding:

Construction
Noise generated by construction equipment would include a combination of trucks, power tools, concrete mixers, and portable generators that when combined can reach high levels. Construction activities for the Project include demolition, grading and excavation, site preparation, building construction, landscape installation, paving, and architectural coatings Noise levels generated by 505
heavy construction equipment range from approximately 73 dBA Lmax to 95 dBA Lmax at 50 feet from the noise source, as shown on DEIR Table 5.11-4. Through adherence to the limitation of allowable construction times provided in the Fontana Municipal Code Section 18-63(b)(7) (PPP NOI-1), construction activities would be in compliance with the City’s construction-related noise standards.

As shown on DEIR Table 5.11-5, construction noise from the proposed Project at the nearby receiver locations (shown on DEIR Figure 5.11-1) would range from 56 to 70 dBA Leq, which would not exceed the 80 dba Leq daytime construction noise level threshold at receptor locations or the FTA’s 90 dBA Leq acceptable noise level threshold at nearby industrial receiver locations.

Therefore, impacts related to construction noise would be less than significant.

Operation
Potential noise impacts associated with the operations of the proposed Project would be from project-generated vehicular traffic on the nearby roadways and from onsite activities. The proposed Project would generate a net of 300 daily trips with an even distribution between Catawba Avenue and Poplar Avenue. The existing (2016) average daily trips on Catawba Avenue and Poplar Avenue are 600 and 2,100, respectively (City of Fontana General Plan Community Mobility and Circulation Element 2018). According to the Noise Impact Analysis, an increase of approximately 1.0 dBA CNEL and 0.3 dBA CNEL is expected along Catawba Avenue and Poplar Avenue, respectively (LSA, 2023). However, a noise level increase of 1 dBA would not be perceived and a noise level increase of 3 dBA would be barely perceptible to the human ear in an outdoor environment. Therefore, the traffic noise increase in the vicinity of the Project site resulting from the proposed Project would be less than significant.

The onsite industrial use related noise sources are expected to include loading dock activity, trailer activity, truck movements, roof-top air conditioning units, parking lot vehicle movements, and trash enclosure activity. DEIR tables 5.11-7 and 5.11-8 show the combined hourly noise levels generated by Project operations, including HVAC equipment and truck delivery activities.

DEIR table 5.11-7 shows that the daytime hourly noise levels at the off-site sensitive receiver locations are expected to range from 26.3 to 42.6 dBA Leq. Thus, these noise levels would remain below the City’s exterior daytime noise standard of 70 dBA Leq. Table 5.11-8 shows the operational noise levels during the nighttime hours of 10:00 p.m. to 7:00 a.m. The nighttime hourly noise levels at the sensitive receptor locations would range from 26.3 to 42.6 dBA Leq. Thus, these noise levels would remain below the City’s exterior nighttime noise standard of 65 dBA Leq.

Therefore, operational onsite noise impacts would be less than significant.

Regulatory Requirements:

PPP NOI-1: Construction Noise. As required by Fontana Municipal Code Section 18-63(b)(7), construction activities shall only take place between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and 8:00 a.m. and 5:00 p.m. on Saturdays. Construction activities conducted outside of these hours would require previous approval from the City of Fontana Impact Finding: The Project would not result in generation of excessive groundborne vibration or groundborne noise levels (DEIR Page 5.11-17 to 5.11-18).

Facts in Support of Finding:

Construction
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Based on the reference vibration levels provided by the FTA and the equipment that would be used for the proposed Project, a large bulldozer represents the peak source of vibration with a reference velocity of 0.089 in/sec PPV at 25 feet, as shown on DEIR Table 5.11-10. Based on typical propagation rates, the vibration level at the nearest offsite structure (55 feet away) would be 0.027 inch per second PPV and would not exceed the FTA’s most stringent threshold of 0.2 in/sec PPV threshold at any receiver locations. Other building structures surrounding the project site are farther away and would experience further reduced vibration. Therefore, impacts related to construction vibration would be less than significant.

Operation
Operation of the proposed high-cube fulfillment center and general light industrial buildings would include heavy trucks for loading dock activities, deliveries, and moving trucks, and garbage trucks for solid waste disposal. Truck vibration levels are dependent on vehicle characteristics, load, speed, and pavement conditions. However, typical vibration levels for heavy truck activity at normal traffic speeds would be approximately 0.006 in/sec PPV, based on the FTA’s Transit Noise Impact and Vibration Assessment. Truck movements onsite and on Catawba Avenue and Poplar Avenue would be travelling at very low speed, so it is expected that truck vibration at nearby sensitive receivers would be less than FTA’s vibration standard of 0.2 in/sec PPV, and therefore, would be less than significant.

Impact Finding: The Project is not located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, or within two miles of a public airport or public use airport and would not expose people residing or working in the project area to excessive noise levels (DEIR Page 5.11-18).

Facts in Support of Finding: The nearest airport is Ontario International Airport (ONT), located approximately seven miles east of the Project site. The Project site is located within the ONT Airport Influence Area according to Policy Map 2-1 and the 60–65 dBA CNEL airport noise impact zone consistent with Policy Map 2-3 of the ONT ALUCP. According to Table 2-3 of the ONT ALUCP, industrial land uses within the 60–65 dBA CNEL noise level contours of ONT, such as the Project, are considered normally compatible land use and must reduce interior noise levels to 50 dBA CNEL. Standard building construction practices required under the CALGreen typically provide up to 25 dBA CNEL of attenuation. With respect to noise generated by the ONT facilities and activities, application of standard CALGreen construction practices would yield acceptable project interior noise levels of approximately 40 dBA CNEL (LSA, 2023). Thus, implementation and development of the Project would not result in a safety hazard or exposure to excessive noise for people residing or working in the area, and impacts would be less than significant.

Population and Housing
Impact Finding: The Project would not induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure (DEIR Page 5.12-5 to 5.12-7).

Facts in Support of Findings: The proposed Project does not involve construction of any new residential uses and would not contribute to a direct increase in the City’s population. However, the proposed Project may indirectly contribute to population growth within the city by creating jobs both during construction and operation. Based on SCAG’s employment generation factors of 1,195 SF of industrial space per employee, implementation of the proposed Project would create up to an additional 411 jobs in Fontana. As shown in DEIR table 5.12-3, employment in the City 507
of Fontana is expected to increase by 18,400 jobs between 2016 and 2045. Based on these growth projections, full buildout of the Project would represent approximately 2.2 percent of projected employment growth within the City of Fontana. Thus, the employment growth that would occur from the Project is within the growth projections used to prepare SCAG’s 2020-2045 RTP/SCS. Additionally, the employees that would fill these roles are anticipated to come from the region, as the unemployment rate of the City of Fontana as of November 2022 was 3.9 percent, City of Rialto was 4.6 percent, City of Rancho Cucamonga was 3.0 percent, and the County of San Bernardino was 4.1 percent (State Employment Development Department 2023). Due to these levels of unemployment, it is anticipated that new employees at the Project site would already reside within commuting distance and would not generate needs for any housing.

Additionally, any employees relocating for Project related employment would be accommodated by the existing vacant housing in the region. According to the 2022 housing estimated provided by the California DOF, there are 57,483 housing units within the City of Fontana (DOF 2022).

Additionally, as of February 2023, Realtor.com – an online real estate and rental marketplace – reported 297 single-family properties listed for sale in the City of Fontana.

Construction of the Project would require approximately 103 construction workers during a 10- month construction period. According to the U.S. Census Bureau, 9,473 individuals are employed in the construction industry in the City of Fontana and 60,801 individuals are employed in the construction industry in San Bernardino County as a whole (U.S. Census Bureau 2023). The supply of general construction labor in the vicinity of the Project area is not expected to be constrained due to the current 3.9 percent unemployment rate in the city and the 4.1 unemployment rate in San Bernardino County and the temporary nature of construction projects (EDD 2023). As such, the existing labor pool can meet the construction needs of the Project, and this labor pool would increase with the continued projected growth of San Bernardino County.

Lastly, infrastructure improvements for the Project would serve only the operations of the proposed development. They have not been sized to accommodate developments offsite Therefore, implementation of the Project would not induce substantial unplanned population growth directly or indirectly through employment or infrastructure expansions that could cause substantial adverse physical changes in the environment. Impacts would be less than significant.

Impact Finding: The Project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere (DEIR Page 5.12-7).

Facts in Support of Findings: Under existing conditions, the Project site is developed with 40 existing vacant and uninhabited residential structures and associated ancillary structures. At the time the Project’s Notice of Preparation was distributed, on September 30, 2022, the units were still occupied by residents, and therefore, the baseline condition applied for the Project is occupied rather than vacant. Property owners within the development footprint voluntarily sold their property to the Applicant and have already relocated. Implementation of the proposed Project would remove all of the existing structures from the Project site.

The proposed Project includes a GPA to change the land use designation of the site from R-T to I-G and a SPA to change the SWIP designation from RTD to SED. Because the Project includes a change from residential use to a non-residential use, the Project is subject to SB 330. SB 330 requires in part that where a development project results in reducing the number of housing units 508
allowed under existing City zoning, the City must identify a way in which an equivalent number of units could be accommodated in the city.

The Project would participate in the City’s recently adopted “No Net Loss Program” (Ordinance No. 1906), which provides that concurrent with the approval of any change in zone from residential use to a non-residential use, replacement units in the form of a density bonus will become available to project applicants subsequently seeking to develop property for residential use within the City. The potential loss of residential units is determined by what is allowed on the Project site by the current General Plan and zoning designations. The current RTD designation allows for two dwelling units per acre. As such, the proposed Project would result in the “loss” of the equivalent of 38 residential units that are allowed by the current RTD designation of the site. Therefore, the loss of 38 dwelling units would be added to the “No Net Loss Bank” to be used by subsequent residential developers to build their residential site at a higher density than what the zoning designation allows for.

Additionally, the Project would comply with Government Code Section 65863, the “No Net Loss Law”. Under this law, a jurisdiction may not take any action to reduce a parcel’s residential density unless it makes findings that the remaining sites identified in its Housing Element sites inventory can accommodate the jurisdiction’s remaining unmet RHNA by each income category, or if it identifies additional sites so that there is no net loss of residential unit capacity. While the Project would result in demolition of 40 single family homes, the City’s 2021-2029 Housing Element indicated an abundance of 2,659 extremely low to low income, 1,395 moderate income, and 648 above moderate income units over the City’s allocated RHNA objectives in order to protect the City from incompliance with “No Net Loss Law”. Therefore, the City’s RHNA buffer would be able to accommodate housing capacity reduction as a result of the Project and the Project would not necessitate the construction of replacement housing elsewhere due to the “No Net Loss Law”.

By utilizing the City’s “No Net Loss Program”, the Project would be in compliance with SB 330.

Potential impacts associated with the construction of replacement units would be analyzed pursuant to CEQA at the time a project is proposed. Therefore, implementation of the Project would not displace a substantial number of existing people or housing and would not necessitate the construction of replacement housing elsewhere. Implementation of the Project would result in a less than-significant impact.

Public Services
Impact Finding: The Project would not result in substantial adverse physical impacts associated with fire protection services or the provision of new or altered fire station facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives (DEIR Page 5.13-7).

Facts in Support of Finding: Construction and operation of the Project would increase the number of structures and employees in the Project area, thus increasing demand for fire protection and emergency medical services. However, there are seven existing fire stations that currently serve the City, four of which are within 5.0 miles of the Project site. The closest fire station to the Project site, Station 74 is located at 11500 Live Oak Avenue, approximately 1.8 miles southwest.

Additionally, the proposed Project improvements would reduce the overall existing fire hazard risk and improve emergency access. Proposed access to the Project site would be reviewed by the City Planning Department and the San Bernardino County Fire Department to ensure compliance 509
with fire protection standards. The Project would be required to adhere to the 2022 California Fire Code, which would minimize the demand upon fire stations, personnel, and equipment. The proposed warehouse would be concrete tilt up construction which contains a low fire hazard risk rating. The building would be equipped with fire extinguishers, wet and dry sprinkler systems, preaction sprinkler systems, fire alarm systems, fire pumps, backflow devices, and clean agent waterless fire suppression systems pursuant to the California Fire Code adopted under Chapter 5, Section 5-425 of the Municipal Code, CBC, and other existing regulations regarding fire safety.

The Project would be required to pay Development Impact Fees pursuant to the City of Fontana’s Municipal Code, Chapter 11-2. Development impact fees collected would ensure the level of fire protection services are maintained and can be applied to the purchase of equipment, maintenance of existing facilities, and the construction of facilities as needed. Therefore, Project impacts to fire services would be less than significant.

Impact Finding: The Project would not result in substantial adverse physical impacts associated with police services or the provision of new or altered police facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives (DEIR Page 5.13-7 to 5.13-8).

Facts in Support of Finding: As discussed in Section 5.12 of the DEIR, Population and Housing, operation of the Project is estimated to generate a need for 411 employees, however, it is anticipated that some of these employees will come from within the region and thus would not contribute to a large increase in population. The police station that would serve the Project site is the main station in downtown Fontana, located approximately 4.9 miles northwest of the Project site. The main station is staffed by 202 full-time sworn officers. There are two additional contact stations used by officers for reporting located at 11500 Live Oak Avenue and 17122 Slover Avenue, but neither is staffed. The City of Fontana has a population of 210,761, thus there is a current estimated ratio of 1.4 officers per 1,000 population (US Census Bureau 2021). According to the City of Fontana General Plan EIR, the need for additional police will be incremental as the population increases. Because the Project would not contribute to a large population increase, the Project would not result in the need for new or expanded police services or facilities to support the Project. Additionally, the Project would be required to pay Development Impact Fees pursuant to Fontana Municipal Code Chapter 5-8. The collection of development impact fees would ensure the level of police protection services are maintained and can be applied to the purchase of equipment, maintenance of existing facilities, and the construction of facilities as needed.

Therefore, Project impacts to police services would be less than significant.

Impact Finding: The Project would not result in substantial adverse physical impacts associated with school services or the provision of new or physically altered school facilities (DEIR Page

5.13-8).

Facts in Support of Finding: No residential development is planned as a part of this Project. As such, the Project would not result in a direct demand for new or expanded school services within the area. As described in section 5.12 of the DEIR, the proposed Project is not anticipated to generate a significant increase in population, as the employees needed to operate the Project are anticipated to come from within the Project region. Thus, a substantial in-migration of employees that could generate new students is not anticipated to occur.

Additionally, under state law, development projects are required to pay school impact fees in accordance with Senate Bill 50 (SB 50) at the time of building permit issuance. The funding program established by SB 50 allows school districts to collect fees from new developments to offset the costs associated with increasing school capacity needs and has been found by the 510
legislature to constitute “full and complete mitigation of the impacts of any legislative or adjudicative act…on the provision of adequate school facilities” (Government Code Section 65995[h]). The school impact fee for commercial/industrial developments within the FUSD boundary is $0.78 per SF (FUSD 2023). The proposed Project will be subject to school impacts fees. As such, impacts to school services would be less than significant.

Regulatory Requirements:

PPP PS-1: School Impact Fees. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant shall provide payment of the appropriate fees set forth by the Fontana Unified School District related to the funding of school facilities pursuant to Government Code Section 65995 et seq.

Impact Finding: The Project would result in substantial adverse physical impacts associated with park and recreational facilities or the provision of new or physically altered park facilities (DEIR