Agenda packet — Fontana City Council, November 15, 2023 (part 1 of 7)

Wednesday, November 15, 2023
7:30 AM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Adjourned from November 14, 2023 Regular City Council Meeting Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda November 15, 2023 Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such a request to the City Clerk’s Office at (909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335.

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Para mayor informacion, favor de marcar el numero (909) 350-7602.

ANNOUNCEMENTS:

Notice is hereby given that the Regular City Council meeting of November 14, 2023, has been adjourned to November 15, 2023, at 7:30 AM. in the Grover W. Taylor Council Chambers CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

PUBLIC HEARINGS:

To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 5:00 P.M. on the day of the meeting. Comments of no more than three (3) minutes will be read into the record at the appropriate time during the meeting. 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.

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2 City Council Meeting Regular Agenda November 15, 2023 All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes)

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3 City Council Meeting Regular Agenda November 15, 2023 A. Fourth Combined General Plan Amendments and Projects for the 4th General Plan Cycle of 2023; Part No. 1 - Merrill Land Use Redesignation and associated Mitigated Negative
Declaration, Part No. 2 - Banana North Multi-Family Project and associated Mitigated Negative Declaration, Part No. 3 - Poplar South Distribution Center Project and associated Environmental Impact Report, Part No. 4 Arrow and Tokay Land Use
Redesignation and associated Mitigated Negative Declaration, and Part No. 5 - Citrus/Oleander Industrial Commerce Center and associated Environmental Impact Report.
21-2440
Part No. 1 - Merrill Land Use Redesignation
Master Case No. (MCN) 22-040, General Plan Amendment (GPA) 22-001, and Zoning District Map Amendment (ZCA) No. 22-001 to amend the General Plan land use designation of the project site of 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) and Zoning District Map (ZCA) 22-001 to change the zoning from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4), pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. No development is proposed as part of this project.
1a) Adopt Resolution No. 2023-106, (Part No. 1 of General Plan Amendment cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana adopting a Mitigated Negative Declaration, approving Mitigation Monitoring and Reporting Program and directing staff to file a Notice of Determination; approving General Plan Amendment No. 22-001 (Part No. 1 of General Plan Amendment cycle No. 4 of 2023) amending General Plan Exhibit 15.8 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) and, 1b) Read by title only and waive further reading of and introduce Ordinance No. 1926, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (ZCA No. 22-001) changing the zoning designation from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) on approximately 6.4 acres located on the north side of Merrill, between Alder Avenue and Laurel Avenue; and that the reading of the title constitutes the first reading thereof.

Part No. 2 - Banana North Apartments

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4 City Council Meeting Regular Agenda November 15, 2023 Master Case No. 22-037: General Plan Amendment (GPA) No. 22-005, Zoning District Map Amendment (ZCA) No. 22-006, Development Code Amendment (ZCA) No. 22-007, and Design Review Project (DRP) 22-020 - to change the General Plan land use map, Exhibit No. 15.8 and Exhibit No. 15.9 from Single-Family Residential (R-SF), to Walkable Mixed Used Corridor and Downtown (WMXU-1), a Zoning District Map Amendment (ZCA) 22-006 to update the Zoning District Map from Single-Family Residential (R-1) to Form-Based Code (FBC), and a Zoning and Development Code Amendment (ZCA) 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, and Design Review Project (DRP) 22-020 to develop 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.
2a) Adopt Resolution No. 2023-107, (Part No. 2 of General Plan Amendment Cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana approving the Mitigated Negative Declaration (MND) and with Mitigation Monitoring and Reporting Program (MMRP) pursuant to Section No. 15070 of the California Environmental Quality Act (CEQA) and Section No. 6.04 of the 2019 Local Guidelines for implementing CEQA, and approving a General Plan Amendment (GPA) 22-005 to change the General Plan land use map, Exhibit No. 15.8 and Exhibit No. 15.9, from Single-Family Residential (R-SF) to Walkable Mixed Used Corridor and Downtown (WMXU-1), for approximately 2.4 adjusted gross acres, and Design Review Project (DRP) 22-020 to develop a new 24-unit apartment project on two (2) parcels, APNs 0230-041-52 and -60, totaling approximately 0.9 adjusted gross acres and associated improvements, respectively, and subject to the Conditions of Approval; and,
2b) Read by title only and waive further reading of and introduce Ordinance No. 1927, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (ZCA) No. 22-006 to update the Zoning District Map from Single-Family Residential (R-1) to Form-Based Code (FBC) for the project site that is comprised of five (5) existing parcels (APNs:
0230-041-33, -44, -52, -60, AND -61) located on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue, and that the reading of the title constitutes the first reading thereof; and, 2c) Read by title only and waive further reading of and introduce Ordinance No. 1928, an Ordinance of the City Council of the City of Fontana, approving a Development Code
Amendment (ZCA) No. 22-007 to change the Form-Based Code Map,

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5 City Council Meeting Regular Agenda November 15, 2023 Section No. 30-
406, to identify the subject properties as Route 66 Gateway sub-district for the project site that is comprised of five (5) existing parcels (APNs:
0230-041-33, -44, -52, -60, AND -61) located on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue; and that the reading of the title constitutes the first reading thereof.

Part No. 3 - Poplar South Distribution Center Project
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 - Amendment of the subject site’s land use designations for approximately 18.8 adjusted gross acres from Residential Trucking (R-T) to General Industrial (I-G) and proposed site and architectural design for the development of an industrial commerce center building totaling approximately 490,565 square feet, and associated Final Environmental Impact Report (EIR).
3a) Adopt Resolution No. 2023-108, a Resolution of the City Council of the City of Fontana certifying the Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022090611), adopting a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and directing staff to file a Notice of Determination;
3b) Adopt Resolution No. 2023-109, (Part No. 3 of General Plan Amendment cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana approving General Plan Amendment No. 22-007 (Part No. 4 of General Plan Amendment cycle No. 4 of 2023) amending General Plan Exhibit 15.8 to change the General Plan Land Use designation on approximately 18.8 adjusted gross acres (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) from Residential Trucking (R-T) to General Industrial (I-G) and approving Tentative Parcel Map No. 20638 (TPM No. 22-016) to process a parcel map to consolidate forty-one (41) parcels into one parcel to develop a project site and approving Design Review No. 22-040 for the site and architecture review for a building totaling approximately 490,565 square feet and associated on-site and off-site improvements subject to the Conditions of Approval; and,
3c) Read by title only and waive further reading of and introduce Ordinance No. 1929, an Ordinance of the City Council of the City of Fontana, approving a Specific Plan Amendment No. 22-003, to amend the Southwest Industrial

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6 City Council Meeting Regular Agenda November 15, 2023 Park (SWIP) Specific Plan Land Use Plan to change 18.8 acres located west of Catawba Avenue, east of Poplar Avenue and north and south of Rose Avenue from Residential Trucking District (RTD) to Slover East Industrial District (SED), and that the reading of the title constitutes the first reading thereof; and,
3d) Read by title only and waive further reading of and introduce Ordinance No. 1930, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 23-003 to include payment of a public benefit fee.

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7 City Council Meeting Regular Agenda November 15, 2023 designation of the entire project site (Sites A and B - APNS: 0232-171-05, -06, -07, -08, -09, -12, -13, AND -14) from Open Space - Resource (OS-R) to Light Industrial (M-1) comprised of approximately 25 acres and that the reading of the title constitutes the first reading thereof; and, 4c) Read by title only and waive further reading of and introduce Ordinance No. 1932, an Ordinance of the City Council of the City of Fontana, approving a Development Code Amendment (ZCA) No. 23-005 to amend Section 30-651(A), Figure 1 of the Zoning and Development Code to add an Emergency Shelter Overlay District designation to Site A comprised of four (4) parcels (APNs: 0232-171-05, -06, -07, and -08) that includes approximately 7 acres and that the reading of the title constitutes the first reading thereof
Part No. 5 - Citrus/Oleander Industrial Commerce Center Project Master Case No. 23-100: Master Case No. 23-100: Citrus/Oleander Industrial Commerce Center Environmental Impact Report (State Clearinghouse No. 2022110389), General Plan Amendment (GPA) No. 23-004, Zoning District Map Amendment (Zone Change) No. 23-006, Specific Plan Amendment (SPA) No. 23-004, Tentative Parcel Map No. 22-009R1 (TPM No. 20709) (Building No. 1), Design Review (DRP) No. 22-029R1 (Building No. 1), Tentative Parcel Map No. 22-030R1 (TPM No. 20708) (Building No. 2), Design Review No. 22-061R1 (Building No. 2), Tentative Parcel Map No. 22-031R1 (TPM No. 20707) (Building No. 3), Design Review No. 22-062R1 (Building No. 3), and Development Agreement (DA) No. 23-085, - Amendment of the subject site’s General Plan land use designation for approximately 29.4 adjusted gross acres (inclusive of a five-acre parcel that does not include development) from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-MFMH) to General Industrial (I-G), amendment of the Zoning District Map to change the project area zoning designation from Residential Planned Community and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan for approximately 29.4 adjusted gross acres, amendment of the Southwest Industrial Park Specific Plan (SWIP) to expand the specific plan boundaries to include the project area and designate it as Slover East Industrial District (SED) for approximately 29.4 adjusted gross acres, tentative parcel maps for the consolidation of parcels, and proposed site and architectural design for the development of three (3) industrial commerce center buildings totaling approximately 532,104 square feet, Development Agreement for a public benefit fee, and associated Final Environmental Impact Report (EIR).

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8 City Council Meeting Regular Agenda November 15, 2023 5a) Adopt Resolution No. 2023-111, a Resolution of the City Council of the City of Fontana certifying the Citrus/Oleander Industrial Commerce Center Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022110389), adopting a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and directing staff to file a Notice of Determination;
5b) Adopt Resolution No. 2023-112, (Part No. 5 of General Plan Amendment cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana approving General Plan Amendment No. 23-004 (Part No. 5 of General Plan Amendment cycle No. 4 of 2023) amending General Plan Exhibit 15.8 to change the General Plan Land Use designation on approximately 29.4 adjusted gross acres (APNs 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24 (inclusive of a five-acre parcel that does not include development) from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G) and approving Tentative Parcel Map No. 22-009R1 (TPM No. 20709) to consolidate six (6) parcels into one parcel to develop the project site for Building No. 1; Tentative Parcel Map No. 22-030R1 (TPM No. 20708) to consolidate six (6) parcels into one parcel to develop the project site for Building No. 2; Tentative Parcel Map No. 22-031R1 (TPM No. 20707) to consolidate five (5) parcels into one to develop the project site for Building No. 3; Design Review No. 22-029R1 for the design of Building No. 1; Design Review No. 22-061R1 for the design of Building No. 2; and Design Review No. 22-062R1 for the design of Building No. 3, all totaling approximately 532,104 square feet and including associated on-site and off-site improvements subject to the Conditions of Approval; and,
5c) Read by title only and waive further reading of and introduce Ordinance No. 1933, an Ordinance of the City Council of the City of Fontana, approving, pursuant to the certified Environmental Impact Report for the Citrus/Oleander Industrial Commerce Center (State Clearinghouse No. 2022110389), Zoning District Map Amendment No. 23-006 to change the zoning designation for APNs 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24, including a five-acre parcel where no development is currently proposed, from Residential Planned Community (R-PC) and Multi-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District for approximately 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue, and that the reading of the title constitutes the first reading thereof; and, 5d) Read by title only and waive further reading of and introduce Ordinance No. 1934, an Ordinance of the City Council of the City of Fontana, approving a Specific Plan Amendment No. 23-004, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres located west of Citrus Avenue, east and west of

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9 City Council Meeting Regular Agenda November 15, 2023 Oleander Avenue and north of Santa Ana Avenue, and that the reading of the title constitutes the first reading thereof; and,
5e) Read by title only and waive further reading of and introduce Ordinance No. 1935, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 23-085 to include payment of public benefit fee in the amount of $3,192,624.00 and payment of an additional $1,500,000.00 to fund design and construction of an Action Sports Park at Martin Tudor Regional Park; and that the reading of the title constitutes the first reading thereof.

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10 City Council Meeting Regular Agenda November 15, 2023 Attachment No. 1 (Part No. 1) Resolution for General Plan Amendment
Attachment No. 2 (Part No. 1) Ordinance for Zoning Code District Map Amendment
Attachment No. 3 (Part No. 1) Planning Commission Minutes of 09-19-2023
Attachment No. 4 (Part No. 1) Planning Commission Staff Report & Attachments
Attachment No. 5 (Part No. 1) Notice of Public Hearing Alder Merrill
Attachment No. 6 (Part No. 2) Resolution for General Plan Amendment - Oct 2023
Attachment No. 7 (Part No. 2) Ordinance for Zoning Code District Map Amendment - Oct 2023
Attachment No. 8 (Part No. 2) Ordinance for Development Code Amendment - Oct 2023
Attachment No. 9 (Part No. 2) Planning Commission Packet - MCN22-037 - Banana North Project
Attachment No. 10 (Part No. 2) Draft Planning Commission Minutes
Attachment No. 11 (Part No. 2) Notice of Public Hearing Attachment No. 12 (Part No. 3) Resolution to Certify EIR Attachment No. 13 (Part No. 3) Resolution for General Plan Amendment, Tentative Parcel Map, Design Review
Attachment No. 14 (Part No. 3) Ordinance for SPA
Attachment No. 15 (Part No. 3) Ordinance for DA
Attachment No. 16 (Part No. 3) Planning Commission
Package, MCN22-079
Attachment No. 17 (Part 3) Draft Planning Commission
Minutes of October 17, 2023
Attachment No. 18 (Part No. 3) Public Hearing Notice
Attachment No. 19 (Part No. 4) Resolution of General Plan Amendment
Attachment No. 20 (Part No. 4) Ordinance for Zoning Code District Map Amendment
Attachment No. 21 (Part No. 4) Ordinance for Development Code Amendment
Attachment No. 22 (Part No. 4) Planning Commission
Package, MCN23-092
Attachment No. 23 (Part No. 4) Draft Planning Commission Minutes of October 17, 2023
Attachment No. 24 (Part No. 4) Public Hearing Notice
Attachment No. 25 (Part No. 5) Resolution to Certify the EIR Attachment No. 26 (Part No. 5) Resolution for the GPA,

TPM, DR
Attachments:

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11 City Council Meeting Regular Agenda November 15, 2023 Attachment No. 27 (Part No. 5) Ordinance for Zone District Map Amendment
Attachment No. 28 (Part No. 5) Ordinance for the SPA
Attachment No. 29 (Part No. 5) Ordinance for the DA
Attachment No. 30 (Part No. 5) Citrus and
Oleander_Updated CEQA Letter
Attachment No. 31 (Part No. 5) Urban Crossroads
Supplemental Assesment
Attachment No. 32 (Part No. 5) Project Plans for
MCN23-100
Attachment No. 33 (Part No. 5) Public Hearing Notice
B. Master Case No. 23-090 and Municipal Code Amendment No. 23-003 - Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code), pursuant to a categorical exemption in accordance with CEQA Guidelines section
15060(c) and 15061(B)(3).
21-2539

1. Determine that this project is Categorically Exempt pursuant Sections 15060(c), 15061(B)(3) (the “common-sense” exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, and direct staff to file a Notice of Exemption; and,

2. Read by title only and waive further reading of and introduce Ordinance No. 1936, an Ordinance of the City Council of the City of Fontana approving Master Case No. 23-090 and Municipal Code Amendment No. 23-003 amending Chapter 30 that will modify multiple sections, including modification of appeal hearing timeframes, addition of language to provide for minor and major planned unit developments (PUDs), modification of language related to open space requirements, modification of garage door design requirements; inclusion of language to reduce landscape setback requirements to accommodate bus turn outs and deceleration lanes, addition of language to streamline development standards within Medium Density Residential (R-2) and Multiple Family (R-3) zoning districts, and additional recreational facilities options within the Multi-Family Medium/High Density (R-4) and Multi-Family High Density Residential (R-5) zoning districts; and the reading of the title constitutes the first thereof.

Attachment No. 1 - Ordinance
Attachment No. 2 - Planning Commission Staff Report
Attachment No. 3 - Planning Commission Minutes
Attachment No. 4 - Notice of Exemption
Attachment No. 5 - Public Hearing Notice
Attachments:

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12 City Council Meeting Regular Agenda November 15, 2023 C. 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
15060(c), 15061(b)(3), 15307 and 15308.
21-2590

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. Read by title only and waive further reading of and introduce Ordinance No. 1937, an Ordinance of the City Council of the City of Fontana approving Master Case No. 23-098 and Municipal Code Amendment No. 22-001 to amend Chapter 9 of the Municipal Code to modify Article V (Industrial Commerce Centers Sustainability Standards), Section 9-71(f) to prohibit loading docks, truck entries, and truck drive aisles from abutting adjacent sensitive receptors to; and the reading of the title constitutes the first thereof.

Attachment No. 1 - Ordinance for Municipal Code
Amendment
Attachment No. 2 - Notice of Exemption
Attachments:

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13 City Council Meeting Regular Agenda November 15, 2023 D. Public Hearing and consideration of a Disposition and Development Agreement (“DDA”) between the City of Fontana, the Fontana Housing Authority and Fontana Courtplace I
Housing Partners, L.P., for development of 1.94 acres of unimproved land located on Sierra Avenue, between Santa Ana Avenue to the north and Jurupa Avenue to the south (a portion of assessor parcel numbers 0255-101-22-0-000 and
0255-101-23-0-000)(“Property”) pursuant to California
Environmental Quality Act findings concerning the adequacy of the previously adopted Mitigated Negative Declaration, and Mitigation, Monitoring, and Reporting Program.
21-2598
Attachment No. 1 - Fontana Courtplace DDA Resolution
FONTANA - DDA (Courtplace) 10 20 23 (final)
-c1-c1-c1.docx
Fontana DDA - REGULATORY AGREEMENT- 10 20 23
(final)-c1-c1-c1.docx
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on [December 12, 2023 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

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14 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2440 Agenda Date: 11/14/2023
Agenda #: A. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Fourth Combined General Plan Amendments and Projects for the 4th General Plan Cycle of 2023; Part No. 1 - Merrill Land Use Redesignation and associated Mitigated Negative Declaration, Part No. 2 - Banana North Multi-Family Project and associated Mitigated Negative Declaration, Part No. 3 - Poplar South Distribution Center Project and associated Environmental Impact Report, Part No. 4 Arrow and Tokay Land Use Redesignation and associated Mitigated Negative Declaration, and Part No. 5 - Citrus/Oleander Industrial Commerce Center and associated Environmental Impact Report.

RECOMMENDATION:

Part No. 1 - Merrill Land Use Redesignation
Master Case No. (MCN) 22-040, General Plan Amendment (GPA) 22-001, and Zoning District Map Amendment (ZCA) No. 22-001 to amend the General Plan land use designation of the project site of 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) and Zoning District Map (ZCA) 22-001 to change the zoning from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4), pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. No development is proposed as part of this project. 1a) Adopt Resolution No. 2023-106, (Part No. 1 of General Plan Amendment cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana adopting a Mitigated Negative Declaration, approving Mitigation Monitoring and Reporting Program and directing staff to file a Notice of Determination; approving General Plan Amendment No. 22-001 (Part No. 1 of General Plan Amendment cycle No. 4 of 2023) amending General Plan Exhibit 15.8 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) and,
1b) Read by title only and waive further reading of and introduce Ordinance No. 1926, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (ZCA No. 22- 001) changing the zoning designation from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) on approximately 6.4 acres located on the north side of Merrill, between Alder Avenue and Laurel Avenue; and that the reading of the title constitutes the first reading thereof.

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File #: 21-2440 Agenda Date: 11/14/2023
Agenda #: A. Category: Public Hearing
Part No. 2 - Banana North Apartments
Master Case No. 22-037: General Plan Amendment (GPA) No. 22-005, Zoning District Map Amendment (ZCA) No. 22-006, Development Code Amendment (ZCA) No. 22-007, and Design Review Project (DRP) 22-020 - to change the General Plan land use map, Exhibit No. 15.8 and Exhibit No. 15.9 from Single-Family Residential (R-SF), to Walkable Mixed Used Corridor and Downtown (WMXU-1), a Zoning District Map Amendment (ZCA) 22-006 to update the Zoning District Map from Single-Family Residential (R-1) to Form-Based Code (FBC), and a Zoning and Development Code Amendment (ZCA) 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, and Design Review Project (DRP) 22-020 to develop 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. 2a) Adopt Resolution No. 2023-107, (Part No. 2 of General Plan Amendment Cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana approving the Mitigated Negative Declaration (MND) and with Mitigation Monitoring and Reporting Program (MMRP) pursuant to Section No. 15070 of the California Environmental Quality Act (CEQA) and Section No. 6.04 of the 2019 Local Guidelines for implementing CEQA, and approving a General Plan Amendment (GPA) 22-005 to change the General Plan land use map, Exhibit No. 15.8 and Exhibit No. 15.9, from Single-Family Residential (R-SF) to Walkable Mixed Used Corridor and Downtown (WMXU-1), for approximately

2.4 adjusted gross acres, and Design Review Project (DRP) 22-020 to develop a new 24-unit apartment project on two (2) parcels, APNs 0230-041-52 and -60, totaling approximately 0.9 adjusted gross acres and associated improvements, respectively, and subject to the Conditions of Approval; and,
2b) Read by title only and waive further reading of and introduce Ordinance No. 1927, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (ZCA) No. 22- 006 to update the Zoning District Map from Single-Family Residential (R-1) to Form-Based Code (FBC) for the project site that is comprised of five (5) existing parcels (APNs: 0230-041-33, -44, -52, - 60, AND -61) located on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue, and that the reading of the title constitutes the first reading thereof; and, 2c) Read by title only and waive further reading of and introduce Ordinance No. 1928, an Ordinance of the City Council of the City of Fontana, approving a 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 for the project site that is comprised of five (5) existing parcels (APNs: 0230-041-33, -44, -52, -60, AND -61) located on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue; and that the reading of the title constitutes the first reading thereof.

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Part No. 3 - Poplar South Distribution Center Project
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 - Amendment of the subject site’s land use designations for approximately 18.8 adjusted gross acres from Residential Trucking (R-T) to General Industrial (I-G) and proposed site and architectural design for the development of an industrial commerce center building totaling approximately 490,565 square feet, and associated Final Environmental Impact Report (EIR). 3a) Adopt Resolution No. 2023-108, a Resolution of the City Council of the City of Fontana certifying the Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022090611), adopting a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and directing staff to file a Notice of Determination; 3b) Adopt Resolution No. 2023-109, (Part No. 3 of General Plan Amendment cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana approving General Plan Amendment No. 22-007 (Part No. 4 of General Plan Amendment cycle No. 4 of 2023) amending General Plan Exhibit 15.8 to change the General Plan Land Use designation on approximately 18.8 adjusted gross acres (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) from Residential Trucking (R-T) to General Industrial (I-G) and approving Tentative Parcel Map No. 20638 (TPM No. 22-016) to process a parcel map to consolidate forty-one (41) parcels into one parcel to develop a project site and approving Design Review No. 22-040 for the site and architecture review for a building totaling approximately 490,565 square feet and associated on-site and off-site improvements subject to the Conditions of Approval; and, 3c) Read by title only and waive further reading of and introduce Ordinance No. 1929, an Ordinance of the City Council of the City of Fontana, approving a Specific Plan Amendment No. 22-003, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to change 18.8 acres located west of Catawba Avenue, east of Poplar Avenue and north and south of Rose Avenue from Residential Trucking District (RTD) to Slover East Industrial District (SED), and that the reading of the title constitutes the first reading thereof; and,
3d) Read by title only and waive further reading of and introduce Ordinance No. 1930, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 23-003 to include payment of a public benefit fee.

Part 4 - Arrow and Tokay Land Use Redesignation
Master Case No. (MCN) MCN23-092: General Plan Amendment (GPA) No. 23-003, Zoning District Map Amendment (ZCA) No. 23-004, and Development Code Amendment (ZCA) No. 23- 005 to amend the land use designation of the project site of approximately 25 acres of land located on the southwest corner of Arrow Boulevard and Tokay Avenue (which is divided into Sites A and B, consisting of four (4) parcels each) from Open Space (OS) to Light Industrial (IL) and to include an Emergency Shelter Overlay District designation for Site A of the project; change the zoning from Open Space - Resource (OS-R) to Light Industrial (M-1) for the project City of Fontana Page 3 of 18 Printed on 11/14/2023
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change the zoning from Open Space - Resource (OS-R) to Light Industrial (M-1) for the project site; and to add an Emergency Shelter Overlay District designation for Site A that is comprised of four (4) parcels, pursuant to a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. No development is proposed as part of this project. 4a) Adopt Resolution No. 2023-110, (Part No. 4 of General Plan Amendment cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and directing staff to file a Notice of Determination; approving General Plan Amendment No. 23-003 (Part No. 4 of General Plan Amendment cycle No. 4 of 2023) amending General Plan Exhibit 15.8 (Future Land Use Map) in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan to change the General Plan Land Use for the entire project site (Sites A and B - APNS: 0232-171-05, -06, -07, -08, -09, -12, -13, AND -14) comprised of approximately 25 acres from Open Space (OS) to Light Industrial (I-L) and to add an Emergency Shelter Overlay District designation on a portion of the project site comprised of four (4) parcels (Site A - APNS: 0232-171-05, -06, -07, AND -08) that includes approximately 7 acres; and, 4b) Read by title only and waive further reading of and introduce Ordinance No. 1931, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map Amendment (ZCA) No. 23- 004 to change the zoning designation of the entire project site (Sites A and B - APNS: 0232-171-05, - 06, -07, -08, -09, -12, -13, AND -14) from Open Space - Resource (OS-R) to Light Industrial (M-1) comprised of approximately 25 acres and that the reading of the title constitutes the first reading thereof; and,
4c) Read by title only and waive further reading of and introduce Ordinance No. 1932, an Ordinance of the City Council of the City of Fontana, approving a Development Code Amendment (ZCA) No. 23- 005 to amend Section 30-651(A), Figure 1 of the Zoning and Development Code to add an Emergency Shelter Overlay District designation to Site A comprised of four (4) parcels (APNs: 0232- 171-05, -06, -07, and -08) that includes approximately 7 acres and that the reading of the title constitutes the first reading thereof
Part No. 5 - Citrus/Oleander Industrial Commerce Center Project Master Case No. 23-100: Master Case No. 23-100: Citrus/Oleander Industrial Commerce Center Environmental Impact Report (State Clearinghouse No. 2022110389), General Plan Amendment (GPA) No. 23-004, Zoning District Map Amendment (Zone Change) No. 23-006, Specific Plan Amendment (SPA) No. 23-004, Tentative Parcel Map No. 22-009R1 (TPM No. 20709) (Building No. 1), Design Review (DRP) No. 22-029R1 (Building No. 1), Tentative Parcel Map No. 22-030R1 (TPM No. 20708) (Building No. 2), Design Review No. 22-061R1 (Building No. 2), Tentative Parcel Map No. 22-031R1 (TPM No. 20707) (Building No. 3), Design Review No. 22-062R1 (Building No. 3), and Development Agreement (DA) No. 23-085, - Amendment of the subject site’s General Plan land use designation for approximately 29.4 adjusted gross acres (inclusive of a five-acre parcel that does not include development) from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-MFMH) to General Industrial (I-G), amendment of the Zoning District Map to change the project area zoning designation from Residential Planned Community and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan for approximately City of Fontana Page 4 of 18 Printed on 11/14/2023
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Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan for approximately

29.4 adjusted gross acres, amendment of the Southwest Industrial Park Specific Plan (SWIP) to expand the specific plan boundaries to include the project area and designate it as Slover East Industrial District (SED) for approximately 29.4 adjusted gross acres, tentative parcel maps for the consolidation of parcels, and proposed site and architectural design for the development of three (3) industrial commerce center buildings totaling approximately 532,104 square feet, Development Agreement for a public benefit fee, and associated Final Environmental Impact Report (EIR).
5a) Adopt Resolution No. 2023-111, a Resolution of the City Council of the City of Fontana certifying the Citrus/Oleander Industrial Commerce Center Final Environmental Impact Report (FEIR), (State Clearinghouse No. 2022110389), adopting a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and directing staff to file a Notice of Determination;
5b) Adopt Resolution No. 2023-112, (Part No. 5 of General Plan Amendment cycle No. 4 of 2023,) a Resolution of the City Council of the City of Fontana approving General Plan Amendment No. 23-004 (Part No. 5 of General Plan Amendment cycle No. 4 of 2023) amending General Plan Exhibit 15.8 to change the General Plan Land Use designation on approximately 29.4 adjusted gross acres (APNs 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, - 23, and -24 (inclusive of a five-acre parcel that does not include development) from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G) and approving Tentative Parcel Map No. 22-009R1 (TPM No. 20709) to consolidate six (6) parcels into one parcel to develop the project site for Building No. 1; Tentative Parcel Map No. 22-030R1 (TPM No. 20708) to consolidate six (6) parcels into one parcel to develop the project site for Building No. 2; Tentative Parcel Map No. 22-031R1 (TPM No. 20707) to consolidate five (5) parcels into one to develop the project site for Building No. 3; Design Review No. 22-029R1 for the design of Building No. 1; Design Review No. 22-061R1 for the design of Building No. 2; and Design Review No. 22-062R1 for the design of Building No. 3, all totaling approximately 532,104 square feet and including associated on-site and off-site improvements subject to the Conditions of Approval; and,
5c) Read by title only and waive further reading of and introduce Ordinance No. 1933, an Ordinance of the City Council of the City of Fontana, approving, pursuant to the certified Environmental Impact Report for the Citrus/Oleander Industrial Commerce Center (State Clearinghouse No. 2022110389), Zoning District Map Amendment No. 23-006 to change the zoning designation for APNs 0255-011- 13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and - 24, including a five-acre parcel where no development is currently proposed, from Residential Planned Community (R-PC) and Multi-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District for approximately 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue, and that the reading of the title constitutes the first reading thereof; and, 5d) Read by title only and waive further reading of and introduce Ordinance No. 1934, an Ordinance of the City Council of the City of Fontana, approving a Specific Plan Amendment No. 23-004, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres located west of Citrus Avenue, east and west of Oleander City of Fontana Page 5 of 18 Printed on 11/14/2023
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boundary to include the entire 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue, and that the reading of the title constitutes the first reading thereof; and,
5e) Read by title only and waive further reading of and introduce Ordinance No. 1935, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 23-085 to include payment of public benefit fee in the amount of $3,192,624.00 and payment of an additional $1,500,000.00 to fund design and construction of an Action Sports Park at Martin Tudor Regional Park; and that the reading of the title constitutes the first reading thereof.

COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention and expansion. · Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.
· Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
· Enhance the local environment for future generations and create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.

DISCUSSION:

As required by state law, the City is limited to amending any element of the General Plan to no more than four (4) times in one (1) calendar year. Since the City receives multiple general plan amendment requests during the year, it is customary to combine the general plan amendment requests. The first combined general plan amendment was approved by the City Council on March 28, 2023, the second amendment was approved on June 27, 2023, and the third amendment was approved on July 25, 2023. This will be the fourth combined general plan amendment for calendar year 2023.

This combined general plan amendment package includes five (5) parts and their associated projects which have been designated as Part No. 1 - Merrill Land Use Redesignation and associated Mitigated Negative Declaration, Part No. 2 - Banana North Multi-Family Project and associated Mitigated Negative Declaration, Part No. 3 - Poplar South Distribution Center Project and associated Environmental Impact Report, and Part No. 4 Arrow and Tokay Land Use Redesignation and associated Mitigated Negative Declaration, and Part No. 5 Citrus/Oleander Industrial Commerce Center and associated Environmental Impact Report to ensure that the multiple general plan amendments are approved together, thereby counting as one (1) approval. Below is a discussion of the five (5) projects as part of this amendment package.

Discussion Part No. 1 - Merrill Land Use Redesignation
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Background:

The project was considered by the Planning Commission at a duly noticed public hearing on September 19, 2023. The Planning Commission voted (4-0) to adopt Resolution PC No. 2023-033, thereby forwarding a recommendation of approval to the City Council.

Project Description/Analysis:

The current site is vacant and surrounded by residential development. The site is located on the north side of Merrill Avenue between Alder Avenue and Laurel Avenue, which are both classified as Secondary Highways. 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; however, this change will increase the unit count from the existing maximum 32 residential units (6.4 acres x 5.0/acres=32) to a maximum of 249 residential units (6.4 x 39 units/acre). The proposed increase could potentially bring 217 residential units more than what is existing. The potential for additional new housing is consistent with State housing goals as well as the City’s goal to encourage additional housing opportunities.

General Plan Amendment No. 22-001:

The proposed project would change Figure 15.8 and 15.9 in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH). The project is consistent with Goal No. 3 of Chapter 13 of the General Plan - “Plan Fontana as a “complete community” with a balance of diverse neighborhoods, amenities, services, and infrastructure that supports a qualified workforce and attracts business.” The land use redesignation will provide housing options for the area that will also support the local workforce. 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 implements Action A of Goal No. 3 of Chapter 13 of the General Plan by increasing the unit count and providing opportunity for attainable or market rate housing. Additionally, by increasing density, there is now opportunity for a high-density multi-family development which has the potential to attract business in this area. Also, this amendment will assist the City of Fontana in meeting its Regional Housing Needs Assessment (RHNA) numbers.

Zoning District Map Amendment No. 22-001:

The Zoning Code Amendment includes map/figure changes to demonstrate the change from SingleFamily Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) on the zoning district map, consistent with the proposed General Plan designation.

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 with the incorporation of mitigation measures no significant 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.

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Discussion Part No. 2 - Banana North Project
Background:

The project was considered by the Planning Commission at a duly noticed public hearing on October 17, 2023. The Planning Commission voted (3-0) to adopt Resolution PC No. 2023-036, thereby forwarding a recommendation of approval to the City Council.

Project Description/Analysis:

The applicant, SA Golden Investment, Inc. is in support of the development of a new 24-unit apartment within the proposed Route 66 Gateway, subdistrict, on two (2) parcels for APNs: 0230-041 -52, and -60 totaling approximately 0.9 adjusted gross acres located approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue.

General Plan Amendment No. 22-005:

The purpose of this General Plan Amendment is 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) for the identified properties of APNs: 0230-041-33, -44, -52, -60, and -61. Please see Attachment No. 6 (Part No. 2) Resolution for General Plan Amendment which includes an exhibit of the General Plan Amendment.

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 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 a maximum of 93 residential units (2.4 acres x 39 units/acre = 93). The proposed amendment will increase the potential residential units count by 61 units.

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Zoning District Map Amendment No. 22-006:

The proposal would amend 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 proposed amendment to the Development and Zoning Code (Chapter 30 of the Fontana Municipal Code) text would 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 No. 22-020:

The project includes the development of a 24-unit multi-family project within the proposed 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 the east side of Banana Avenue approximately 270 feet south 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 main drive aisle; however, parking is allowed on Banana Avenue.

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, which 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.

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 and MND, the project would not have a significant effect on the environment as a result of project City of Fontana Page 9 of 18 Printed on 11/14/2023
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and MND, the project would not have a significant effect on the environment as a result of project implementation and a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, have been prepared for the City Council’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.

Discussion Part No. 3 - Poplar South Distribution Center Project Background:

The project was considered by the Planning Commission at a duly noticed public hearing on October 17, 2023. The Planning Commission voted 3-0 to adopt Resolution PC No. 2023-037, thereby forwarding a recommendation of approval to the City Council.

Project Description/Analysis:

The applicant is proposing the development of an industrial commerce center building totaling 490,565 square feet a site totaling approximately 18.8-acres. The project is located on the east side of Poplar Avenue, west of Catawba Avenue and on properties along Rose Avenue.

General Plan Amendment No. 22-007 and Specific Plan Amendment No. 22-003:

The current general plan land use designation for the project site is Residential Trucking (R-T) which does not allow for industrial commerce center uses. Therefore, the applicant has applied for a General Plan Amendment to amend Exhibit 15.8 (General Plan Land Use Map) as part of Chapter 15 of the General Plan and change the General Plan land use designation of the 18.8-acre site from Residential Trucking (R-T) to General Industrial (I-G). The applicant has additionally submitted a Zone Change request to change the zoning designation from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan (SP). The project would be consistent with the surrounding area with the parcels to the west and south of the project site that are within the Southwest Industrial Park Specific Plan and which are also zoned Slover East Industrial (SED) District.

Development Agreement No. 22-003:

The application includes review of development agreement for a public benefit fee of $2,084,901.

Tentative Parcel Map No. 20638 (TPM No. 22-016):

The applicant has filed for a tentative parcel map to support proposed development of 18.8 acres of the overall project area. The applicant is proposing to consolidate forty-one (41) parcels located at the intersection of Poplar Avenue and Rose Avenue into one parcel for the development of an industrial commerce building. As part of the project the developer will construct all on-site and off-site improvements per the City Standards.

Design Review No. 22-040:

The project includes the development of an industrial commerce center building on an 18.8 acre parcel; one parcel that is included within the General Plan and Specific Plan amendment areas will remain undeveloped.

The industrial commerce center building has been designed with a combination of office and industrial areas with 490,565 of square footage. The necessary on-site and off-site improvements City of Fontana Page 10 of 18 Printed on 11/14/2023
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industrial areas with 490,565 of square footage. The necessary on-site and off-site improvements required by city standards will be included. A gate-secured truck court with forty-two (42) loading docks are proposed on the southside of the building.

The building’s tower entry ways, panels, articulated window framing with glazing, and varying roof height provide structural and visual interest. The applicant has incorporated a variety of architectural features on all sides of the buildings to meet or exceed the design guidelines of the Southwest Industrial Park Specific Plan, Slover East Industrial District design guidelines.

The project sites are physically suitable in size and shape to support the development of the proposed industrial commerce buildings. The applicable building codes, zoning codes, and fire codes and standards, will make for a safe, attractive, and well-designed project. As proposed, the project sites are consistent with the standards of the Southwest Industrial Park Specific Plan, Slover East Industrial District. The proposal has been designed to be compatible with the industrial uses to the south and west of the sites, while also providing a development that has been designed with features (architectural relief, added landscaping along the north side of the property, street improvements, and lighting), to enhance the character of the area.

Circulation/Grading
Trucks will have access from the southern driveways on Poplar Avenue and Catawba Avenue and regular vehicles will have access from separate driveways on the northern portion of the site. The proposed landscaping would be ornamental in nature and would feature trees, shrubs, and droughttolerant accent plants in addition to a variety of groundcover. The area surrounding the building will drain to the west with the use of underground chambers towards Poplar Avenue. Trucks will travel south and north from Santa Ana Avenue and Jurupa Avenue to and from the project site to access the 10 freeway.

SB330:

As currently zoned, this property would have allowed for the development of thirty-eight (38) residential units. To comply with California’s Housing Crisis Act of 2019 (SB 330), the project will participate with the City of Fontana Municipal Code Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” The 38 units will be available as density bonuses for other residential properties throughout the city. The program will enable, on a first come, first served basis, density bonuses of up to 20% on other residential parcels until the 38 residential units are reclaimed within future planned residential projects.

Pursuant to FMC section 30-967, the Unit Bank cannot exceed 2,200 units. The Unit Bank currently has 1,280 units. These 38 units will be added to the Unit Bank increasing the number of units in the Unit Bank by 38, which is less than the 2,200 units authorized by the FMC.

Environmental:

Subsequent to the preparation and distribution of the Notice of Preparation (NOP), the Draft Environmental Impact Report (DEIR) was prepared for the project. The environmental analysis contained in the Draft EIR is based in part on specific studies and assessments undertaken for the City by qualified environmental scientists, specialists, and consultants. This analysis addresses aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology City of Fontana Page 11 of 18 Printed on 11/14/2023
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energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and services systems, and wildfire. These technical studies are contained in the Technical Appendices document of the Draft EIR and are made available for the public review. The Draft and Final EIR and Technical Appendices can be viewed at the following URL:
https://www.fontanaca.gov/2137/Environmental-Documents
Discussion Part No. 4 - Arrow and Tokay Land Use Redesignation Background:

The project was considered by the Planning Commission at a duly noticed public hearing on October 17, 2023. The Planning Commission voted (3-0) to adopt Resolution PC No. 2023-039, thereby forwarding a recommendation of approval to the City Council.

Project Description/Analysis:

The proposed project includes a request to change the General Plan land use designation from Open Space (OS) to Light Industrial (I-L) and to change the zoning designation from Open Space - Resource (OS-R) to Light Industrial (M-1) for the entire project site (Sites A and B). The proposal also includes the addition of an Emergency Shelter Overlay District designation for a portion of the project site comprised of four (4) parcels (Site A). The City is reviewing plans for the development of a homelessness care and resource center for Site A; it is anticipated that the application will move forward at another time, in the future. Therefore, the entitlement application under consideration does not include any development at this time and is solely for a land use redesignation. The proposed land use redesignation will contribute to an opportunity for a variety of housing types including supportive and transitional housing uses for properties in the proposed overlay. Also, the proposed land use redesignation will facilitate future revitalization and development opportunities of the vacant property that will contribute to opportunities for living wage jobs in an area that is developed with industrial, service and residential uses.

General Plan Amendment No. 23-003:

The proposed project would change Figure 15.8 (Land Use Category) in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan for the entire project site (Sites A and B) comprised of eight (8) parcels (APNs: 0232-171-05, -06, -07, -08, -09, -12, -13, and -14) from Open Space (OS) to Light Industrial (I-L) and a request to add an Emergency Shelter Overlay District designation for Site A comprised of four (4) parcels (APNs: 0232-171-05, -06, -07, and -08). The project is consistent with subsection A of the Actions outlined in the City’s first Goal under Section E (Policies and Actions to Achieve the Goals) of Chapter 13 of the General Plan - to “[e]stablish a balanced of industrial and manufacturing development along with services, especially in sectors with living wage jobs.” The site is currently designated as OS-R and a portion of the Project Site, Site B, was once used for mining.

The property has since been vacant as the mining operations in Site B have ceased. The land use redesignation will facilitate future revitalization and development possibilities for the property, which will contribute to opportunities for living wage jobs in an area developed with industrial, service and residential uses.

Zoning District Map Amendment (ZCA) No. 23-004:

The Zoning District Map Amendment includes a land use re designation of the entire project site City of Fontana Page 12 of 18 Printed on 11/14/2023
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The Zoning District Map Amendment includes a land use re designation of the entire project site (Sites A and B) comprised of eight (8) parcels (APNs: 0232-171-05, -06, -07, -08, -09, -12, -13, and - 14) from Open Space - Resource (OS-R) to Light Industrial (M-1).

Development Code Amendment (ZCA) No. 23-005:

The Development Code Amendment includes an addition to an Emergency Shelter Overlay District designation for Site A comprised of four (4) parcels (APNs: 0232-171-05, -06, -07, and -08) to Section 30-651 (a), Figure 1 of the Zoning and Development Code.

Environmental:

Based on the information in the IS and MND, the project would not have a significant effect on the environment as a result of project implementation and a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program have been prepared for the City Council’s consideration. The Initial Study/Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program can be reviewed at <https://www.fontanaca.gov/2137/Environmental-Documents>.

Discussion Part No. 5 - Citrus/Oleander Industrial Commerce Center Project Background:

On May 18, 2023 the Applicant submitted Master Case No. 22-053: General Plan Amendment (GPA) No. 22-004, Zoning District Map Amendment Application (ZCA) No. 22-005, Specific Plan Amendment (SPA) No. 22-002 and Development Agreement (DA) No. 23-005, Design Review (DRP) No. 22-029 (Building No. 1), Tentative Parcel Map (TPM) No. 22-009 (Building No. 1), Design Review No. 22-061 (Building No. 2), Tentative Parcel Map (TPM) No. 22-030 (Building No. 2), Design Review No. 22-062 (Building No. 3), Tentative Parcel Map (TPM) No. 22-031 (Building No. 3), for the development of three (3) industrial commerce buildings totaling approximately 540,849 square feet within a project area totaling 29.4 acres.

On July 25, 2023, after consideration, City Council denied the project (MCN No. 22-053) with a vote of 3-2 at its regularly scheduled public hearing.

Based on language in Sections 30-39 (General Plan Amendment, Time limitations) and Section 30- 74 (Specific Plan Amendment, Time limitations) of the Zoning and Development Code, an applicant can submit an application (for a general plan amendment or a specific plan amendment, respectively) that has been denied by either the Planning Commission or City Council. Another application of the same nature and effecting the same property shall not be filed within a period of one year from the date of denial. However, the aforementioned sections also provides that a hearing body denying the application may give permission for a new application to be filed if a change in circumstances or plans indicate that a new application is warranted.

On October 24, 2023, the City Council voted (4-1) to permit the applicant to file an application City of Fontana Page 13 of 18 Printed on 11/14/2023
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reflecting revisions to the previously considered plans.

On October 25, 2023, the applicant submitted a General Plan Amendment, Zoning District Map Amendment, Specific Plan Amendment, three (3) Tentative Parcel Maps, and three (3) Design Reviews.

Project Description/Analysis:

The applicant is proposing the development of three (3) industrial commerce center buildings totaling 532,104 square feet on three sites totaling approximately 24.4-acres. The project is located on the north side of Santa Ana Avenue, between Citrus Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue intersection.

General Plan Amendment No. 23-004:

The current general plan land use designations are Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) which do not allow for industrial commerce center uses. Therefore, the applicant has applied for a General Plan Amendment to amend the General Plan land use designation of the 29.4-acres from Residential Planned Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-G); Figure 15.8 of General Plan Chapter 15 (Land Use, and Urban Design) would be modified to reflect these designations. The proposed General Plan designations would be consistent with parcels to the west and south of the project site.

Zone Change No. 23-006:

The applicant has submitted a Zoning District Map Amendment requesting to change the zoning designation from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan (SP). The project would be consistent with the surrounding area with the parcels to the west and south of the project site that are within the Southwest Industrial Park Specific Plan.

Specific Plan Amendment No. 23-004:

The Specific Plan Amendment would amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres and to designate the property with the Slover East Industrial District (SED) land use designation. As previously mentioned, no development is currently proposed on APN 0255-011-15 (5-acre site). Design Reviews and Tentative Parcel Maps (TPMs) are proposed for the 24.4-acre site on all the parcels except for parcel APN: 0255-011-15.

Development Agreement No. 23-085:

The application includes review of development agreement for a public benefit fee of $3,192,624.00 and the owner shall remit payment of an additional One Million Five Hundred Thousand Dollars ($1,500,000.00) to fund the City’s design and construction of an Action Sports Park at Martin Tudor Regional Park.

Tentative Parcel Map No. 20709 (TPM No. 22-009R1) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030R1) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22- 031R1) (Building No. 3)
The applicant has filed three tentative parcels maps to facilitate the development of 24.4 acres of the overall project area. The applicant is proposing to consolidate six (6) parcels located at the northeast City of Fontana Page 14 of 18 Printed on 11/14/2023
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overall project area. The applicant is proposing to consolidate six (6) parcels located at the northeast corner of Citrus Avenue and Santa Ana Avenue into one parcel for the development of Building No. 1, consolidate six (6) parcels located at the northwest corner of Oleander Avenue and Santa Ana Avenue into one parcel for the development of Building No. 2, and consolidate five (5) parcels located at the northeast corner of Oleander Avenue and Santa Ana Avenue into one for the development of Building No. 3. As part of the project the developer will construct all on-site and offsite improvements per the City Standards.

Design Review No. 22-029R1 (Building No. 1), Design Review No. 22-061R1 (Building No. 2), and Design Review No. 22-062R1 (Building No. 3)
The project includes the development of three industrial commerce center buildings on three separate parcels; one parcel that is included within the General Plan, Zoning, and Specific Plan amendment areas will remain undeveloped.

The industrial commerce center buildings have been designed with a combination of office and industrial areas. Building No. 1 will contain approximately 150,538 square feet of floor area, Building No. 2 will contain approximately 188,104 square feet of floor area, and Building No. 3 will contain approximately 193,462 square feet of floor area. Each building project will construct the necessary on -site and off-site improvements required by city standards.

Each building will have a gate-secured truck court. Sixteen (16) loading docks are proposed on the east side of Building No. 1, 23 loading docks are proposed on the west side of Building No. 2, and 23 loading docks are proposed on the east side of Building No. 3.

The buildings’ tower entry ways, clear float glass, painted bands, reveals, decorative panels, articulated window framing with glazing, and pop-outs provide structural and visual interest. The applicant has incorporated a variety of architectural features on all sides of the buildings to meet or exceed the design guidelines of the Southwest Industrial Park Specific Plan, Slover East Industrial District design guidelines.

Circulation/Grading
Building No. 1 (Northeast corner of Santa Ana and Oleander Avenue) Access to and from the project site would be provided from one driveway along Citrus Avenue and one from Santa Ana Avenue. Trucks will only have access from Santa Ana Avenue and regular vehicles will have access from both Citrus Avenue and Santa Ana Avenue. The applicant has provided a 45-foot landscape buffer between the project and the school to the north. The proposed landscaping would be ornamental in nature and would features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers. The area of Building No. 1 will drain to the City of Fontana Page 15 of 18 Printed on 11/14/2023
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accent plants in addition to a variety of groundcovers. The area of Building No. 1 will drain to the south to a catch basin where it will flow to Santa Ana Avenue. Truck will be traveling south and north on Citrus Avenue to and from the project site to access the 10 freeway.

Building Nos. 2 and 3 (Northeast corner of Santa Ana and Citrus Avenue, Northwest corner of Santa Ana and Oleander Avenue)
Access to and from the project site would be provided from one driveway along Oleander Avenue and one from Santa Ana Avenue for each building. Trucks will only have access from Santa Ana Avenue and regular vehicles will have access from both Oleander Avenue and Santa Ana Avenue.

The applicant has provided a 45-foot landscape buffer between the project and the school to the north. The proposed landscaping would be ornamental in nature and would features trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers. The area of Building No. 2 and 3 will drain to the south to a catch basin where it will flow to Santa Ana Avenue. Trucks are restricted to head west to Citrus Avenue or they can head south to Jurupa Avenue then east to Sierra Avenue to access the 10 freeway. Additionally, for Site No. 3, staff and the Applicant will continue to work together to modify the entrance along Santa Ana Avenue to provide an additional buffer from a sensitive use.

Walls
Building Nos.1 through 3
The project site will have an eight-foot-high sliding gate for the loading areas and a 12-foot-high screen wall surrounding the loading areas. The project does not include any retaining walls.

Industrial Commerce Centers Sustainability Standards
All new industrial commerce building development must meet the requirements of the Industrial Commerce Centers Sustainability Standards ordinance. Based on the standards, truck loading docks, truck entries, and truck drive aisles shall be oriented away from abutting sensitive receptors (schools, preschools, daycare centers, in-home daycares, health facilities such as hospitals) unless it is physically impossible. The applicant has met the requirements of the sustainability ordinance. Staff will work with the Applicant to further modified the entrance point along Santa Ana Avenue for Building No. 3 to provide additional separation from sensitive receptors.

SB330
As currently zoned, this property would have allowed for the development of 507 residential units. To comply with California’s Housing Crisis Act of 2019 (SB 330), the project will participate in the City of Fontana Municipal Code Chapter 30 Article XV “No Net Loss Density Bonus/Replacement Program.” The 507 units will be available as density bonuses for other residential properties throughout the city.

The program will enable, on a first come, first served basis, density bonuses of up to 20% on other residential parcels until the 507 residential units are reclaimed within future planned residential projects.

Pursuant to FMC section 30-967, the Unit Bank cannot exceed 2,200 units. The Unit Bank currently has 1,280 units (pending ordinance effective dates). The project’s 507 units will be added to the Unit Bank increasing the number of units in the Unit Bank to 1,787, which is less than the 2,200 units City of Fontana Page 16 of 18 Printed on 11/14/2023
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authorized by the FMC.

Environmental:

A Draft Environmental Impact Report (Draft EIR) was circulated for the 45-day public review period on November 10, 2022, with the review period closing on May 22, 2023. The document was submitted to the State Clearinghouse for notification to State agencies for comment (SCH No. 2022110389). The Planning Commission conducted a public hearing on the DEIR on April 18, 2023, to receive public comments, and prior to the end of the comment period of May 22, 2023, the City received comments on the Draft EIR from public agencies, organizations, and individuals; responses to these comments are included in the Final EIR, which consists of the Draft EIR, comments and responses to comments on the Draft EIR, a list of those commenting on the Draft EIR, a Statement of Overriding Consideration, and related Findings. Based on the City’s review of the Project, and the attached T&B Planning Letter and Urban Crossroad Supplemental Assessment, no recirculation of the EIR is required by CEQA Guidelines section 15088.5 as the Project, as detailed above, would result in the same or fewer/lesser impacts on the environment in comparison to the conclusions presented in the Draft EIR. To approve the project, the City Council must adopt a Statement of Overriding Considerations identifying that the project benefits override or outweigh the project’s identified unavoidable environmental impacts (greenhouse gas emissions, noise, and transportation) which have been prepared and are attached with the specific mitigation monitoring and reporting program, for the City Council. The project’s California Environmental Quality Act (CEQA) environmental documents can be viewed at Environmental Documents | Fontana, CA - Official Website (fontanaca.gov) <https://www.fontanaca.gov/2137/Environmental-Documents> ATTACHMENTS:

Attachment No. 1 (Part No. 1) Resolution for General Plan Amendment Attachment No. 2 (Part No. 1) Ordinance for Zoning Code District Map Amendment Attachment No. 3 (Part No. 1) Planning Commission Minutes from September 19, 2023 Attachment No. 4 (Part No. 1) Planning Commission Package, MCN22-040 Attachment No. 5 (Part No. 1) Public Hearing Notice
Attachment No. 6 (Part No. 2) Resolution for General Plan Amendment Attachment No. 7 (Part No. 2) Ordinance for Zoning District Map Change Attachment No. 8 (Part No. 2) Ordinance for Development Code Amendment Attachment No. 9 (Part No. 2) Planning Commission Package, MCN22-037 Attachment No. 10 (Part No. 2) Draft Planning Commission Minutes from October 17, 2023 Attachment No. 11 (Part No. 2) Public Hearing Notice
Attachment No. 12 (Part No. 3) Resolution to Certify Final EIR Attachment No. 13 (Part No. 3) Resolution for General Plan Amendment, Tentative Parcel Map, Design Review
Attachment No. 14 (Part No. 3) Ordinance for Specific Plan Amendment Attachment No. 15 (Part No. 3) Ordinance for Development Agreement Attachment No. 16 (Part No. 3) Planning Commission Package, MCN22-079 Attachment No. 17 (Part No. 3) Draft Planning Commission Minutes from October 17, 2023 Attachment No. 18 (Part No. 3) Public Hearing Notice
Attachment No. 19 (Part No. 4) Resolution for General Plan Amendment Attachment No. 20 (Part No. 4) Ordinance for Zoning District Map Amendment Attachment No. 21 (Part No. 4) Ordinance for Development Code Amendment Attachment No. 22 (Part No. 4) Planning Commission Package, MCN23-0092 City of Fontana Page 17 of 18 Printed on 11/14/2023
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Attachment No. 23 (Part No. 4) Draft Planning Commission Minutes from October 17, 2023 Attachment No. 24 (Part No. 4) Public Hearing Notice
Attachment No. 25 (Part No. 5) Resolution to Certify the Final EIR Attachment No. 26 (Part No. 5) Resolution for the General Plan Amendment, Tentative Parcel Map and Design Review
Attachment No. 27 (Part No. 5) Ordinance for the Zoning District Map Amendment Attachment No. 28 (Part No. 5) Ordinance for the Specific Plan Amendment Attachment No. 29 (Part No. 5) Ordinance for the Development Agreement Attachment No. 30 (Part No. 5) Citrus and Oleander - Updated CEQA Letter Attachment No. 31 (Part No. 5) Urban Crossroads Supplemental Assessment Attachment No. 32 (Part No. 5) Project Plans for MCN23-100 Attachment No. 33 (Part No. 5) Public Hearing Notice
FISCAL IMPACT:

Part No. 1 - None.

Part No. 2 - None.

Part No. 3 - The project includes a Development Agreement that provides for a public benefit fee of $2,084,901.00
Part No. 4 - None.

Part No. 5 - The project includes a Development Agreement that provides for a public benefit fee of $3,126,180 and the owner shall remit payment of an additional One Million Five Hundred Thousand Dollars ($1,500,000.00) to fund the City’s design and construction of an Action Sports Park at Martin Tudor Regional Park.

MOTION:

Approve staff’s recommendation.
..End
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ATTACHMENT NO. 1
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 (RMFMH).

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 (R4) 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
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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 34 Resolution No. 2023-_____
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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 longterm 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.
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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
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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)
37 ATTACHMENT NO. 2
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. 22-001 TO CHANGE THE ZONING
DESIGNATION FOR APNS: 0246-151-50, -51, -52, -56, -71, and -77 FROM SINGLEFAMILY RESIDENTIAL (R-1) TO MULTI-FAMILY MEDIUM/HIGH DENSITY RESIDENTIAL (R-4) FOR A SITE COMPRISED OF APPROXIMATELY 6.4 ACRES

LOCATED NORTH OF MERRILL AVENUE BETWEEN ALDER AVENUE AND LAUREL AVENUE.

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 of Fontana Housing Element was adopted by the City Council on February 8, 2022; and
WHEREAS, on January 25, 2022, the City of Fontana (“the City”) received an application from Jason Korengold on behalf of AP Acquisition LLC (“Applicant”), for a General Plan Amendment (“GPA No. 22-001”) to amend the General Plan land use designation on the north side of Merrill Avenue, between Alder Avenue and Laurel Avenue (Project Site) from Single-Family Residential (R-SF) to Multi-Family Medium/High Density Residential (R-MFMH), and a Zoning District Map Amendment (“ZCA No. 22-001”) 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.

Both amendments together are known as Master Case Number 22-040 (“MCN 22- 040”). The attached Exhibit “A” depicts the Zoning District Map Amendment; and, WHEREAS, the amendment to the Zoning District Map will assist the City in meeting its Regional Housing Needs Assessment (RHNA) number; and WHEREAS, the amendment to the Zoning District Map 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 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 and Mitigation Monitoring Program were published on August 25, 2023, and determined that with the implementation of 38 Ordinance No. 2023 - ___
ATTACHMENT NO. 2

Page 2 of 6 ends

recommend mitigation measures no significant impacts would be caused by the project, therefore, a Mitigated Negative Declaration has been recommended for adoption; and
WHEREAS, ZCA No. 22-001 is supported by the goals and policies of the General Plan; and
WHEREAS, all the 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”) conducted a noticed public hearing on the Mitigated Negative Declaration, MMRP and MCN 22-040, received public testimony and evidence presented by the Applicant, City staff, and other interested parties and recommended approval to the City Council by Resolution No. 2023-033 with a vote of 4-0; and WHEREAS, on November 14, 2023, the City Council conducted a noticed public hearing on the Mitigated Negative Declaration, MMRP, and MCN 22-040 and received testimony from all parties and documentation from the Planning Commission’s public hearing on September 19, 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 information presented, the testimony received, and the supporting documents in evidence for the Mitigated Negative Declaration, MMPR and MCN. 22-040, the City Council found that the amendments and project are in conformance with the goals and policies of the General Plan as referred herein; and WHEREAS, the City wishes to protect and preserve the quality of the life throughout the City through effective land use and planning.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES 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 address 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 39 Ordinance No. 2023 - ___
ATTACHMENT NO. 2

Page 3 of 6 ends

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. 22-001 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 in total as opposed to the current 32 units within this area. The surrounding streets are adequate for the future development of multi-family housing. The project will bring long-term growth to the City and will promote and motivate additional growth around this area. The zone change will allow for the development of a multifamily housing project which will be reviewed by the City’s Planning, Fire, and Building Departments. Additionally, the future development will be required to meet all Fire Codes, Building Codes, and the Fontana Municipal Code. Therefore, the zone change will promote public's health, safety, or general welfare.

SECTION 4. Zoning District Map Amendment Approval. Based upon the findings in Section 3, ZCA No. 22-001, the Zoning District Map will be amended from Single-Family (R-1) to Multi-Family Medium/High Density Residential (R-4) on the zoning district map, is necessary to protect or promote the public’s health, safety, or general welfare, and is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and is consistent with the General Plan.

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 40 Ordinance No. 2023 - ___
ATTACHMENT NO. 2

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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 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
41 Ordinance No. 2023 - ___
ATTACHMENT NO. 2

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“EXHIBIT A”

EXISTING AND PROPOSED ZONING 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-1) TO MULTI-FAMILY MEDIUM/HIGH RESIDENTIAL (R-4)
42 City of Fontana
Planning Commission
Minutes
Cathline Fort, Chair
Idilio Sanchez, Vice Chair
Ralph Thrasher, Secretary
Raj Sangha, Commissioner
Ricardo Quintana, Commissioner
Tuesday, September 19, 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, September 19, 2023. Vice Chair Sanchez called the meeting to order at 6:01 p.m.

Present: Chair Fort, Vice Chair Sanchez, Commissioners Sangha and Quintana

Absent: Secretary Thrasher
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

Following the Invocation by Ellen Miller, the Pledge of Allegiance was led by Vice Chair Sanchez.

PUBLIC COMMUNICATIONS:

A. Public Communications:

None.
43 Planning Commission Minutes September 19, 2023

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CONSENT CALENDAR:

A. Approval of Minutes:

Approve the Regular Planning Commission Meeting Minutes of September 5, 2023.

ACTION: A Motion was made by Commissioner Sangha and seconded by Vice Chair Sanchez and passed by a vote of 4-0 to approve the Consent Calendar.

The motion carried by the following vote:

Aye: Chair Fort, Vice Chair Sanchez, Commissioners Sangha, and Quintana.

Abstain: None

Absent: Secretary Thrasher
PUBLIC HEARINGS:

PH-A Master Case No. 21-086 and Design Review No. 21-031 - A request for approval to develop seven (7) new single-family dwellings located on seven (7) existing lots totaling approximate 2.1 adjusted gross acres pursuant to a categorical exemption in accordance with CEQA Guidelines section 15332.

Chair Fort opened Public Hearing.

Jon Dille, Associate Planner presented the staff report and answered questions of the commission.

The Commission and staff discussed the possibility of future Accessory Dwelling Units.

The applicant, Florie Smith, on behalf of Andresen Architecture, stated that she read and agreed to the Conditions of Approval.

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. 2023-031; 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 44 Planning Commission Minutes September 19, 2023

Page 3 of 7 ends

Exemptions) of the 2019 Local Guidelines for Implementing the CEQA, and direct staff to file a Notice of Exemption; and,

2. Approve Design Review No. 21-031.

ACTION: Motion was made by Commissioner Quintana and seconded by Commissioner Sangha and passed by a vote of 4-0 to adopt Resolution PC No. 2023-031; and, approve Master Case No. 21-086; and Design Review No. 21-031 - A request for approval to develop seven (7) new single-family dwellings located on seven (7) existing lots totaling approximate 2.1 adjusted gross acres pursuant to a categorical exemption in accordance with CEQA Guidelines section 15332.

The motion carried by the following vote:

Aye: Chair Fort, Vice Chair Sanchez, Commissioners Sangha and Quintana.

Absent: Secretary Thrasher
PH-B Master Case No. 21-106, Tentative Tract Map 21-005 (Tract No. 20498) and Design Review No. 21-042; A request for the site and architectural review of fortysix (46) attached row houses with a tot lot and paseos, pursuant to a categorical exemption in accordance with CEQA Guidelines section 15332.

Chair Fort opened Public Hearing.

Alejandro Rico, Associate Planner presented the staff report and answered questions of the commission.

The commission questioned whether the project was gated and inquired about the project’s overflow parking. Another discussion took place regarding the row house design and breakup between structures.

The commission and staff also discussed the tot lot area and surrounding paseo, including lighting along the project’s playground and added a condition of approval requiring preparation of a tot lot lighting plan.

The applicant, Mohammad Ali Ghiassi, on behalf Calabash Fontana Holding LLC, stated that he read and agreed to the modifications on the conditions of approval.

No one spoke in favor or opposition of this item.

The Public Hearing was closed.
45 Planning Commission Minutes September 19, 2023

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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. 2023-032; 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 Tentative Tract Map No. 21-005 (Tract No. 20498) and Design Review No. 21-042.

ACTION: Motion was made Vice Chair Sanchez and seconded by Commissioner Quintana and passed by a vote of 4-0 to adopt Resolution PC No. 2023-032; and, approve Master Case No. 21-106, Tentative Tract Map 21-005 (Tract No. 20498) and Design Review No. 21-042; A request for the site and architectural review of fortysix (46) attached row houses with a tot lot and paseos, pursuant to a categorical exemption in accordance with CEQA Guidelines section 15332; project approved with an addition noted to the Conditions of Approval related to lighting of the tot lot.

The motion carried by the following vote:

Aye: Chair Fort, Vice Chair Sanchez, Commissioners Sangha and Quintana.

Absent: Commissioner Thrasher
PH-C 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 MultiFamily 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.

Chair Fort opened Public Hearing.

Alexia De La Torre, Assistant Planner presented the staff report and answered questions of the commission.

Assistant Planner De La Torre stated that city staff received various phone calls in opposition of the project and 4 (four) written communications and 2 (two) emails in opposition.
46 Planning Commission Minutes September 19, 2023

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Staff noted that currently there is no physical development proposed for this project.

The commission and staff discussed the mitigated negative declaration and noted that once a project was submitted for approval the study would be amended to evaluate all new project factors.

Another discussion took place regarding sewer lines and how existing residents would be impacted by a potential project.

Lasty, the commission requested clarification on how a new development would affect existing residents’ privacy.

The applicant, Jason Korengold, on behalf SP Acquisition LLC., stated that there were no conditions of approval to agree to.

The following individuals spoke in opposition:
• Diane Ohiosumua
• Manuel Jimenez
• Leticia De La Parra
• Duvangmaly Saithavy
Chair Fort closed the Public Hearing.

Chair Fort directed staff to provide clarification on noticing requirements.

RECOMMENDATION:

Based on the information contained in this staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2023-033, 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.

ACTION: Motion was made Vice Chair Sanchez and seconded by Commissioner Sangha and passed by a vote of 4-0 to approve 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 47 Planning Commission Minutes September 19, 2023

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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.

The motion carried by the following vote:

Aye: Chair Fort, Vice Chair Sanchez, Commissioners Sangha and Quintana.

Absent: Commissioner Thrasher
DIRECTOR COMMUNICATIONS:

A. Director Communications:

None.

COMMENTS:

A. Public Communication Commission Comments:

Commissioner Quintana thanked city staff for their staff reports and the public for attending tonight’s meeting. Commissioner Quintana closed his comments by stating that it is an honor to serve on the Planning Commission.

Commissioner Sangha thanked staff for providing the necessary material for tonight’s meeting; expressed his excitement on new housing developments coming to the city and thanked the public for the opportunity to serve.

Vice Chair Sanchez thanked the Planning Department for their assistance; briefly commented on the Housing crisis and thanked the public for attending tonight’s meeting and sharing their opinions.

Chair Fort thanked the Planning staff for preparing information for their review which helps make good decisions. Chair Fort also thanked the public for attending tonight’s meeting and for sharing their opinions.

ADJOURNMENT:

Chair Fort adjourned the meeting at 6:08 p.m. to the next Regular Planning Commission Meeting on Tuesday, October 3, 2023, at 6:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. 48 Planning Commission Minutes September 19, 2023

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____________________________
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
49 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.

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

6. Notice of Intent to Adopt a Mitigated Negative Declaration and Public Hearing Notice City of Fontana Page 3 of 4 Printed on 9/13/2023
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Agenda #: PH-C Category: Public Hearing
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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
545
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)
556
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)
567
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 578
Resolution PC No. 2023-____

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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.
589
Resolution PC No. 2023-____

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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:

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 1059
Resolution PC No. 2023-____

Page 4 of 4 ends

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
1160

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 1261

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 1362
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
1463

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.

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:

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.
64 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
65 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
66 Resolution No. 2023-_____
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Page 2 of 19 ends

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.
67 Resolution No. 2023-_____
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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 68 Resolution No. 2023-_____
ATTACHMENT NO. 6

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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 69 Resolution No. 2023-_____
ATTACHMENT NO. 6

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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 70 Resolution No. 2023-_____
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Page 6 of 19 ends

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
71 Resolution No. 2023-_____
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ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
______________________________________
City Clerk
72 Resolution No. 2023-_____
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Page 8 of 19 ends

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)
73 Resolution No. 2023-_____
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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.
74 Resolution No. 2023-_____
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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 75 Resolution No. 2023-_____
ATTACHMENT NO. 6

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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.

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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.
77 Resolution No. 2023-_____
ATTACHMENT NO. 6

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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. 78 Resolution No. 2023-_____
ATTACHMENT NO. 6

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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.
79 Resolution No. 2023-_____
ATTACHMENT NO. 6

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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. 80 Resolution No. 2023-_____
ATTACHMENT NO. 6

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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. 81 Resolution No. 2023-_____
ATTACHMENT NO. 6

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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 82 Resolution No. 2023-_____
ATTACHMENT NO. 6

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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
83 Resolution No. 2023-_____
ATTACHMENT NO. 6

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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
84 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
85 Ordinance No. 2023 - ___

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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:

Page 3 of 6 ends

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 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 87 Ordinance No. 2023 - ___

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the City Clerk.

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

APPROVED AND ADOPTED this 14th day of November 2023.

AYES:

NOES:

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“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)
89 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 90 Ordinance No. 2023 - ___

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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 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:
91 Ordinance No. 2023 - ___

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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 92 Ordinance No. 2023 - ___

Page 4 of 6 ends

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.

AYES:

NOES:

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“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
94 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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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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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.

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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
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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
1006
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

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

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
1017
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
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
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
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
1028
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
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
1039
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
10410
11 105
12 106
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
10713
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
10814
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
10915
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
11016
Resolution No. PC 2023-_____

Page 2 of 19 ends

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”. 11117
Resolution No. PC 2023-_____

Page 3 of 19 ends

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.
11218
Resolution No. PC 2023-_____

Page 4 of 19 ends

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.

Page 5 of 19 ends

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.

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 11420
Resolution No. PC 2023-_____

Page 6 of 19 ends

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.

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

Page 7 of 19 ends

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. 11622
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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
11723
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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:

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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.

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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.

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.

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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.

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.

19. The current Development Fees shall be paid.
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20. All future monument signs shall be reviewed under a separate Design Review Sign application.

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

ENGINEERING LAND DEVELOPMENT:

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.

Prior To Issuance of Grading Permit

Prior To Issuance of Construction Permits
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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.

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.

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.

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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:

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.

45. The applicant/developer/property owner shall comply with the following grading requirements:

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. 12430
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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.

I. The grading plans shall, as a minimum, contain sections at all lot lines and/or permit boundary lines. These sections shall clearly indicate:

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.

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. 12531
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51. For more information related to Building & Safety, please visit our web page at https://www.fontana.org/136/Building-Safety.

FIRE PROTECTION DISTRICT:

57. Hydrant Marking: Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. SBCoFD Standard W-2 12632
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Fontana City CouncilNovember 15, 2023

Fontana City Council
November 15, 2023