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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1 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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2 File #: 21-2228 Agenda Date: 9/19/2023
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 - “Promotethe 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’sgoal 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
6. Notice of Intent to Adopt a Mitigated Negative Declaration and Public Hearing Notice City of Fontana Printed on 9/13/2023Page 3 of 4
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4 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. 22-001
CITY OF FONTANA PLANNING DEPARTMENT
CIT
5 0 150 30075
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)
6 0 150 30075
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)
7 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 ZON ING
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 Miti gation 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 8 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 Planni ng 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 reduc e 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.
9 Resolution PC No. 2023-____
Section 4. Zoning District Map Amendment Fin dings. 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 v iewed 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 10 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
11 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 Zon ing District M ap 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 nor th side of Merrill Avenue b etween 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 u se 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 t he 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 12
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 Americ ans 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 ass istance 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 propose d General Plan Amendme nt 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 Sectio n No. 6.04 of the
2019 Local Guidelines for Implementing
CEQA an Initial Study (IS), Mitigated
Negative Dec laration (MND), and
Mitigation Monitoring and Reporting
Program has been prepared for this
project. Based on the information in the
Initial Study , no significant impac t is
anticipated as a result of project
implementation, with mitigation
incorporated, and a Mitigated Neg ative
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 i ncludes six ( 6) parcels, including Assessor Parcel Num bers (APNs) 0246-151-50, -51, -52, -56, -71, and -77.
Date of Hearing:
September 19, 2023
ATTACHMENT NO. 6 13
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
14