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 (ZONE CHANGE) NO. 23-006 CHANGING 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.
WHEREAS, on October 25, 2023, applicant, Acacia Real Estate Group Inc., submitted a request for General Plan Amendment No. 23-004 to change the land use designation from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District on approximately 29.4 adjusted gross acres of 18 parcels (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 that excludes development) (see attached Exhibit “A”); Specific Plan Amendment 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 and designate the property with Slover East industrial District (SED) land use designation; Zoning District Map Amendment No. 23-006 to rezone the parcels from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District; 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) to process three parcel maps to consolidate six (6) parcels into one parcel for the development of project sites for Building No. 1 and Building No. 2, and the consolidation of five (5) parcels into one for the development of the project site for Building No. 3; and approving 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) for the site and architecture review for three buildings totaling approximately 521,030 square feet with associated landscaping and parking (Project); and Development Agreement No. 23-005 to include a review of the development agreement for a public benefit fee of $3,192,624.00 and the full cost of design and construction of the sports park at Martin Tudor Park, which is currently estimated at up to $1,500,000.00; and, WHEREAS, the applicant is proposing to amend the boundaries of the SWIP specific plan boundaries and zoning classifications to allow for the development of the industrial commerce buildings; and WHEREAS, the subject site includes 18 parcels that were annexed from San Bernardino County into the City of Fontana on May 13, 1966 and September 19, 2006; and, WHEREAS, the subject property is to be developed below the assumed capacity as identified in the approved Housing Element, however there is still sufficient capacity in the city at the “extremely low/very low” income category to meet the City’s Regional House Needs Assessment (RHNA) allocation; and, WHEREAS, 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.” Pursuant to FMC section 30-967, the Unit Bank cannot exceed 2,200 units. The Unit Bank is currently 1,280 units. These 507 units will be added to the Unit Bank increasing the number of units in the Unit Bank to 507 which is less than the 2,200 units authorized by FMC. The units in the Unit Bank shall be available as density bonuses for other residential properties throughout the city. The program will enable, on a first come, first serve basis, density bonuses of up to 20% on other parcels until these 1787 residential units are reclaimed within future planned residential projects; and, WHEREAS, all the notices required by statute or the Fontana City Code have been given as required; and, WHEREAS, on June 20, 2023, the Planning Commission received public testimony and evidence presented by the applicant, City staff, and other interested parties at a public hearing held on Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389), General Plan Amendment No. 22-004, Zoning District Map Amendment No. 22-005, Development Agreement No. 23-005, Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3), and Design Review No. 22-029 (Building No. 1), Design Review No. 22-061 (Building No. 2), and Design Review No. 22-062 (Building No. 3), and after carefully considering all information pertaining to the project, including the staff report, findings, and all information, evidence, and testimony presented, the Planning Commission recommended approval of the Project to the City Council; and WHEREAS, on July 25, 2023, the City Council held a duly noticed public hearing on Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389), General Plan Amendment No. 22-004, Zoning District Map (Zone Change) Amendment No. 22-005, Development Agreement No. 23-005, Tentative Parcel Map No. 20709 (TPM No. 22-009) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030) (Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22-031) (Building No. 3), and Design Review No. 22-029 (Building No. 1), Design Review No. 22-061 (Building No. 2), and Design Review No. 22-062 (Building No. 3), received testimony and after consideration, City Council denied the project with a vote of 3-2 at its regularly scheduled public hearing.
WHEREAS, Pursuant Sections 30-39 (General Plan Amendment, Time limitations) and Section 30-74 (Specific Plan Amendment, Time limitations) of the Zoning and Development Code both state that if an application (for a general plan amendment or a specific plan amendment, respectively) is denied by either the Planning Commission or City Council, another application of the same nature and effecting the same property shall not be filed with a period of one year from the date of denial. However, the aforementioned section 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.
WHEREAS, On October 4, 2023, John Shardlow with Allen Matkins Leck Gamble Mallory & Natsis LLP, submitted a request for permission to file a new application based on revisions to the proposed project on behalf of the Applicant, this request is attached hereto as Attachment No. 1. In the request, Mr. Shardlow notes a change in plans for the Citrus and Oleander Avenue at Santa Ana project and proposes to submit a revised project for consideration that will address input from the City and the public, including an enhanced environmental design and additional community benefits.
WHEREAS, the Applicant’s request is for permission to file an application reflecting revisions to the previously considered plans. Allowance of such a submittal for both a General Plan amendment and a Specific Plan amendment is therefore within the City Council’s authority.
WHEREAS, on October 24, 2023, the City Council Approved the reconsideration with a vote of 4-1.
WHEREAS, on November 15, 2023, the City Council held a duly noticed public hearing on Citrus/Oleander Industrial Commerce Center EIR (State Clearinghouse No. 2022110389), General Plan Amendment No. 23-006, Zoning District Map (Zone Change) Amendment No. 23-004, Development Agreement No. 23-085, 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), and 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), received testimony and the supporting documents in evidence, and found that the Zoning District Map Amendment is in conformance with the goals and policies of the General Plan to provide a community that is balanced between residential, commercial, and industrial that is developed to high standards and provides diverse economic and social opportunities for our citizens and those who wish to invest here; and WHEREAS, Zoning District Map Amendment (Zone Change) Amendment No. 23-006 is consistent with the goals and policies of the City of Fontana, General Plan Goal 7 of Chapter 15, “support high-quality development in design standards and land use decisions.” NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals are true and correct and incorporated herein by this reference.
SECTION 2. CEQA. The City Council hereby finds that it has been presented with the EIR, which it has reviewed and considered, and further finds that the EIR is an accurate and objective statement that has been completed in full compliance with CEQA and the State CEQA Guidelines. The City Council finds that the EIR reflects the independent judgment and analysis of the City. The City Council declares that no evidence of new significant impacts or any new information of “substantial importance” as defined by State CEQA Guidelines section 15088.5, has been received by the City after circulation of the Draft EIR that would require recirculation. Therefore, the City Council hereby certifies the EIR based on the entirety of the record of proceedings.
SECTION 3. Zoning District Map Amendments Findings. The City of Fontana City Council hereby makes the following findings for Zoning District Map Amendment (Zone Change) No. 23-006 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 applicant is proposing 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, Slover East Industrial District. This would allow for the construction of three (3) industrial commerce center buildings totaling approximately 521,030 square feet. This development will assist with growing industrial commerce demand in the City of Fontana and the surrounding area. The proposed zone change will provide consistency with the zoning and development to the south and west of the subject site and will provide safe and attractive development.
SECTION 4. Zoning District Map Amendment Approval. The City Council approves Zoning District Map Amendment (Zone Change) No. 23-004 to amend 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, this includes a five-acre parcel that does not include development, from Residential Planned Community (R-PC) and Multiple-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District for approximately 29.4 acres as shown on Exhibit “A”, and attached hereto and by this reference incorporated as though fully set forth herein.
SECTION 5. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Fontana Herald News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is 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 12th day of December 2023.
READ AND APPROVED AS TO LEGAL FORM:
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City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 15th 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:
ABSTAIN:
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City Clerk of the City of Fontana
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Mayor of the City of Fontana
ATTEST:
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City Clerk
“EXHIBIT A”
EXISTING AND PROPOSED ZONING MAP DESIGNATION -
RESIDENTIAL PLANNED COMMUNITY (R-PC) AND MULTIPLE-FAMILY MEDIUM/HIGH DENSITY RESIDENTIAL (R-4) TO SOUTHWEST INDUSTRIAL PARK (SWIP) SPECIFIC PLAN, SLOVER EAST INDUSTRIAL DISTRICT
A-1
Ordinance No.1933