RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA ADOPTING A MITIGATED NEGATIVE DECLARATION, APPROVING Mitigation Monitoring and Reporting Program PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT , AND APPROVING GENERAL PLAN AMENDMENT No. 22-001 (PART NO. 1 OF GENERAL PLAN AMENDMENT CYCLE NO. 4 OF 2023) AMENDING EXHIBIT 15.8 AND 15. 9 IN CHAPTER 15 (LAND USE, ZONING, AND URBAN DESIGN) OF THE GENERAL PLAN land use designation for APNS: 0246-151-50, -51, -52, -56, -71, and -77 on APPROXIMATELY 6.4 ACRES of land located north of merrill avenue between alder avenue and laurel avenue, from SINGLE-FAMILY RESIDENTIAL (R-SF) TO MULTI-FAMILY MEDIUM/HIGH DENSITY RESIDENTIAL (R-MFMH).
WHEREAS, assessor parcel numbers 0246-151-50,-51, -56, -71 and 77, include six (6) parcels that were annexed from San Bernardino County and incorporated into the City of Fontana. Two (2) of the six (6) parcels were annexed on September 17, 1973 and the remaining four (4) parcels were annexed on September 18, 2006 (the “Project Site”); 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 the City’s Housing Element was adopted by the City Council on February 8, 2022; and WHEREAS, on January 25, 2023, the City of Fontana (“the City”) received an application from Jason Korengold on behalf of SP Acquisition LLC (“Applicant”), to amend the General Plan land use designation (“GPA No. 22-001”) as illustrated in Exhibit 15.8 of the General Plan, from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH) and to amend the Zoning District Map (“ZCA No. 22-001”) from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) for the Project Site as shown in Exhibit “A” that is attached here to and incorporated herein. Both amendments together are known as Master Case Number 22-040 (“MCN 22-040”); and WHEREAS, GPA No.22-001 could potentially bring an additional 217 residential units to the Project Site; and, WHEREAS, the amendment to the General Plan Land Use Designation will assist the City in meeting its Regional Housing Needs Assessment (RHNA) number; and WHEREAS, the amendment to the General Plan Land Use Designation will contribute to a balanced and diverse neighborhood and associated amenities and services, as well as contribute to an infrastructure that will support a qualified workforce and attract business; 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 Program was published on August 25, 2023, findings that, with the implementation of recommended mitigation measures, the Project would have no significant impacts on the environment and, therefore, a Mitigated Negative Declaration has been recommended for adoption; and WHEREAS, GPA No. 22-001 is supported by the goals and policies of the General Plan; and WHEREAS, all notices required by statute and the Fontana Municipal Code have been given as required; and WHEREAS, on September 19, 2023, the Fontana Planning Commission (“Planning Commission”) held a noticed public hearing on MCN No. 22-040 and received evidence and heard public testimony from all interested parties and recommended that the City Council adopt the Mitigated Negative Declaration, approved the MMRP, and approve the amendments by Resolution No. 2023-033 with a 4-0 vote; and WHEREAS, on November 14, 2023, the City Council conducted a noticed public hearing on the Mitigated Negative Declaration, MMRP, MCN No. 22-040 and received testimony from all parties and documentation from the Planning Commission’s public hearing on September 19, 2023; 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, 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. General Plan Amendment Findings. The City Council hereby makes the following findings for GPA 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 to the General Plan Land Use Designation for the Project 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 in total as opposed to the current 32 units allowed in this area. 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, the amendment is consistent with the goals and policies in the General Plan and reflects the current desires and needs of the citizens.
Section 4. General Plan Amendment Approval. Based upon the findings in Section 3, the City Council hereby approves GPA No. 22-001 to change the General Plan Land Use Designation as illustrated on Exhibit 15.8 and 15.9 in Chapter 15 of the General Plan from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH) on approximately 6.4 adjusted gross acres of 6 parcels (APNs: 0246-151-50, -51, -52, -56, -71, and 77 ), as shown in Exhibit “A” attached hereto and incorporated herein by reference as fully set forth herein.
SECTION 5. 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. 22-001, provided however, if the Ordinance is 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 6. Resolution Regarding Custodian of Record. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code section 21081.6.
Section 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Resolution.
SECTION 8. 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
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
EXHIBIT “A”
EXISTING AND PROPOSED GENERAL PLAN LAND USE DESIGNATION - For the entire project site comprised of six (6) parcels (APNs: 0246-151-50, -51, -52, -56, -71, and -77) from single-family residential (r-sf) to multi-family medium/high residential (R-mfmh) ATTACHMENT NO. 1
ATTACHMENT NO. 1
Resolution No. 2023-_____