ORDINANCE NO. 1940
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 23-003 TO MODIFY THE WEST END SPECIFIC PLAN TO ADD “ESCAPE ROOMS” AS A PERMITTED USE WITHIN THE LIGHT INDUSTRIAL (BP2) ZONING DISTRICT, GENERALLY LOCATED WEST OF CHERRY AVENUE, EAST OF EAST AVENUE, NORTH OF FOOTHILL BOULEVARD, AND SOUTH OF BASELINE AVENUE, PURSUANT TO A CATEGORICAL EXEMPTION IN ACCORDANCE WITH CEQA GUIDELINES SECTIONS 15060 (C) AND 15061 (B)(3), AND IN THE ALTERNATIVE 15301 (EXISTING FACILITIES) AND 15303 (NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) AND DIRECTING STAFF TO FILE A NOTICE OF EXEMPTION).
WHEREAS, pursuant to article XI, section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; and WHEREAS, Government Code sections 50022.1 to 50022.10 authorizes a city to codify and recodify its ordinances; and WHEREAS, the West End Specific Plan, generally located west of Hemlock Avenue, east of East Avenue, south of Baseline Avenue and north of Foothill Boulevard area, was annexed from San Bernardino County and incorporated into the City of Fontana on July 30, 1958; and WHEREAS, on September 28, 2023, the City of Fontana (“City”) received an application from BSS Entertainment (“Applicant”), for a Specific Plan Amendment (“SPA No. 23-003”) to add escape rooms as a new use within the Light Industrial (BP2) District of the West End Specific Plan; and WHEREAS, the BP2 district within the West End Specific Plan allows for a variety of uses such as health and athletic facilities, childcare centers, and broadcast and recording studios which are uses that support the surrounding residential community; and WHEREAS, the project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and Sections No. 3.01 and 10.59 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, in the alternative Section 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures), in that the modification of the West End Specific Plan to add “escape rooms” as a permitted use within the Light Industrial zoning district would be expected to indirectly result in either the minor alteration of existing facilities with negligible or no expansion of use, or in the construction of structures no more than approximately 10,000 square feet in size; and WHEREAS, escape rooms are typically found within existing commercial and light industrial building and areas. Escape rooms typically operate by appointment only and operate when the other uses within the vicinity have closed for the day. Therefore, based on the location of the escape room, it being in a minimally trafficked area, operating hours, and typical interior improvements to existing suites, the escape room use will not result in a direct or reasonably foreseeable indirect physical change in the environment and the activity is not subject to CEQA; and WHEREAS, a notice of the Fontana Planning Commission (“Planning Commission”) public hearing was published in the local newspaper on December 9, 2023 and simultaneously displayed at City Hall; and WHEREAS, on January 16, 2024, the Planning Commission held a public meeting on SPA No. 23-003 where they received evidence and public testimony and recommended that the Fontana City Council (“City Council”) determine that the amendment qualifies for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and Sections No. 3.01 and 10.59 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, WHEREAS, SPA No. 23-003 is consistent and compatible with the General Plan and are in line with the goals, policies and objectives of the City; the Housing Element policies and the Zoning and Development Code; and WHEREAS, SPA No. 23-003 attached hereto as Exhibit “A” and incorporated herein by reference, will not be detrimental to the public health, safety and general welfare, nor will it adversely affect the orderly development of property; and WHEREAS, SPA No. 23-003 will better express the City’s policies and will generally promote good land use planning and regulation; and WHEREAS, On January 13, 2024, a notice of the City Council public hearing was published in the local newspaper and simultaneously displayed at City Hall; and WHEREAS, on January 23, 2024, the City Council held a public meeting on SPA No. 23-003 where City Council received evidence and public testimony pertaining to the West End Specific Plan amendment; and WHEREAS, the City Council carefully considered all information pertaining to SPA No. 23-003 presented at its public hearing on January 23, 2024; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The recitals are true, correct and incorporated herein by this reference.
Section 2. CEQA. The City Council hereby determines that this project qualifies for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and Sections No. 3.01 and 10.59 of the 2019 Local Guidelines for Implementing CEQA, and, in the alternative Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion or Small Structures) in that the modification of the West End Specific Plan to add “escape rooms” as a permitted use within the Light Industrial zoning district would be expected to indirectly result in either the minor alteration of existing facilities with negligible or no expansion of use, or in the construction of structures approximately 10,000 square feet in size.
Section 3. Specific Plan Amendment Findings. The City Council hereby makes the following findings for SPA No. 23-003 accordance with Section 30-67 “Purpose” of the Fontana Zoning and Development Code:
Finding No. 1: A Specific Plan may be amended by changing the development standards or zoning designation 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 West End Specific Plan was adopted February 2, 1985, and included a Light Industrial (BP2) District. The intent of the district was to provide an attractive and convenient setting for business park and light industrial uses to support the surrounding residential community and adjacent business park and rail industrial areas. The existing language in the BP2 district section of the specific plan is outdated, making it difficult to implement various interactive recreational centers and facilities in the area. This Specific Plan Amendment will amend the language to provide for an escape room as a permitted use, which will support the residential community and City. This amendment will allow the specific plan to have unique interactive recreational facilities, which will help to promote the public's health and general welfare. This amendment will provide a use that is less intensive than other allowed uses in the same land use district, particularly with respect to hours of operation, number of customers, and traffic generation.
Section 4. Specific Plan Amendment Approval. Based on the foregoing, the City Council hereby approves the amendment as set forth in SPA No. 23-003, which is attached hereto as Exhibit “A” and incorporated herein by reference as fully set forth herein.
Section 5. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Fontana Herald News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.
Section 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance and direct staff to File a Notice of Exemption.
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 13th day of February 2024.
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 23rd day of January 2024, and was finally passed and adopted not less than five days thereafter on the 13th day of February 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
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City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
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City Clerk
EXHIBIT “A”
Language from the BP2 Permitted Use Section B of the West End Specific Plan,
12. Light Industrial (BP2)
a. Description and Purpose. The Business Park District (BP2) is intended to provide an attractive and convenient setting for business park and light industrial uses to support the surrounding residential community and adjacent business park and rail industrial areas.
A Business Park environment integrated through landscaping and design will make the Business Park compatible with the residential areas and business park (BPI) adjacent uses. Development projects submitted within the BP2 district will be further evaluated on a project-by-project basis during the precise planning process. b. Permitted uses. Uses permitted in the Business Park (BP2) District shall include those businesses listed below which operate in compliance with the intent and standards of this district. Each business shall be evaluated in terms of its operational characteristics and specific site plan location. Should the Director of Planning find that the business has the potential to adversely impact adjacent uses, then a conditional use permit may be required. 1) Blueprinting, reproduction and copying services.
2) Car wash.
3) Child day care centers.
4) Computer service centers
5) Escape room as defined in Section 30-358 of the Zoning and Development Code. 6) 5) Financial institutions, including banks, savings and loan associations, finance companies and credit unions. 7) 6) Hotels & motels, including retail establishments as parts of a hotel or motel complex. 8) 7) Hardware and home improvement centers, occupying a minimum floor area of 20,000 sq. ft. 9) 8) Health and athletic facilities, occupying a minimum floor area of 20,000 sq. ft., but excluding amusement centers. 10) 9) Home furnishing and appliance outlets, occupying a minimum floor area of 20,000 sq/ft. 11) 10) light manufacturing uses as follows:
Assembly plants and facilities.
Assembly and manufacturing of electronic component
Wholesale distribution and soles of industrial and trade related products 12) 11) Medical and dental clinics, including laboratories. 13) 12) Mortuaries
14) 13) Offices as follows:
Accountants, advertising agencies, appraisers, attorneys, business and management consultants, economists, and public relations consultants.
Administrative or executive offices of any type of business.
Architects, landscape architects, planners, engineers, surveyors, geologists, industrial designers, graphic designers, and interior designers not including retail sales on the premises.
Broadcast and recording studios.
Employment agencies, travel agencies, and airline ticket agencies.
General contractors
15) 14) Private post offices.
16) 15) Research, development, and testing laboratories. 17) 16) Restaurants.
18) 17) Sales and Services facilities for automobile, truck and recreation vehicle parts and accessories. 19) 18) Telephone exchanges.
20) 19) Temporary uses as permitted by Section IV.F.I.II. 21) 20) Veterinary clinics, provided no outdoor kennels or runs. 22) 21) Vocational schools.
23) 22) Other similar uses which the Planning Director finds compatible with the permitted uses described herein, consistent with the purpose and intent of the district and not of a type to affect adversely the use of adjoining properties. c. Conditional Uses
Any use listed in subsection b. Permitted Uses, which because of operational characteristics specific to that particular business is found by the Director of Planning to have the potential to negatively impact adjourning properties, businesses, or residents and, therefore, requires additional approval and consideration. Said impacts may be related to, but not necessarily limited to impacts of traffic hours of operation, assemblages of people, noise, or site location.
Outdoor display areas, permitted only in conjunction with and secondary to permitted uses.
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Ordinance No. 1940
Ordinance No. 1940