ORDINANCE NO. 1943
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, APPROVING, PURSUANT TO A MITIGATED NEGATIVE DECLARATION, ZONING DISTRICT MAP AMENDMENT NO. 20-015 TO UPDATE THE ZONING MAP FROM SINGLE-FAMILY RESIDENTIAL (R- 1) TO MEDIUM DENSITY RESIDENTIAL (R-2) FOR FOUR (4) PARCELS APNS: 0233-122-28; -29, -60, AND -63 TOTALING APPROXIMATELY
8.8 ADJUSTED GROSS ACRES.
WHEREAS, assessor parcel numbers 0233-122-28; -29, -60, and -63, include four (4) parcels that were annexed from San Bernardino County and incorporated into the City of Fontana. The four (4) parcels were annexed on September 19, 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 August 26, 2020, the City of Fontana (“the City”) received an application from Monte Vista Assets, Inc (“Applicant”), for four (4) existing lots on the southeast corner of Orchid Avenue and Poplar Avenue and continues to the west side of Catawba Avenue, more specifically known as APNs: 0233-122-28; -29, -60, and -63, (“Project Site”), for a General Plan Amendment (“GPA No. 20-015”) to amend the land use designation illustrate on Exhibit 15.8 in Chapter 15 of the General Plan from Single- Family Residential (R-SF) to Medium Density Residential (R-M) for the Project Site, and a Zoning District Map Amendment (“ZCA No. 20-015”) to amend the Zoning District Map from Single-Family Residential (R-1) map to Medium Density Residential (R-2) for approximately 8.8 acres and Conditional Use Permit (“CUP No. 22-013”) to establish a Planned Unit Development (PUD), Tentative Tract Map (“TPM No. 20-006”) to subdivide four (4) parcels into 53 lots, and Design Review (“DR No. 20-028”) for site and architectural review for a new 53-lot single-family detached residential project with associated on-site and off-site improvements on APNs: 0233-122-28; -29, -60, and -63. Both amendments together are known as Master Case Number (“MCN 20-073”). All of the amendments together are known as Master Case Number 20-073 (“MCN NO. 20- 073”); 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 amendment to the Zoning District Map will assist the City in meeting its Regional Housing Needs Assessment (RHNA) numbers. This change will increase the unit count from the existing maximum of 44 residential units (8.8 acres x 5.0 units/acre = 44) compared to a maximum of 66 residential units (8.8 acres x 7.6 units/acre = 66); 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 (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) were published December 22, 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, WHEREAS, on January 16, 2024, 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, Mitigated Negative Declaration (MND), Mitigation Monitoring and Reporting Program (MMRP) and MCN 20-073, and recommended approval with a vote of 3-0 to the City Council by Resolution PC No. 2024-003; and WHEREAS, on April 9, 2024, the City Council conducted a noticed public hearing on the project, MND, MMRP, and MCN 20-073 and received testimony from all parties and documentation from the Planning Commission’s public hearing on January 16, 2024; and WHEREAS, on April 9, 2024, the City Council, per Resolution 2024-015 adopted the MND along with the MMRP for the project; and WHEREAS, based on the evidence and testimony presented to the City Council at public hearing held on April 9, 2024, for the project, MND, MMRP and MCN 20-073, 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 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 15189 through 15190 and Section 6.18 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. 20-015 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 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 Medium Density Residential (R-2) 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 44 residential units to 66 residential units. The amendment will increase the potential residential unit count by 22 units.
SECTION 4. Zoning District Map Amendment Approval. Based upon the findings in Section 3, ZCA No. 20-015, the Zoning District Map will be amended from Single-Family (R-1) to Medium Density (R-2) 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 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 23rd day of April 2024.
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 9th day of April 2024, and was finally passed and adopted not less than five days thereafter on the 23rd day of April 2024, by the following vote to wit:
AYES: NOES: ABSENT:
ABSTAIN:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
“EXHIBIT A”
EXISTING AND PROPOSED ZONING LAND USE DESIGNATION - FOR THE ENTIRE PROJECT SITE COMPRISED OF FOUR (4) PARCELS (APNS: 0233-122-28; -29, -60, AND -63) FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO MEDIUM DENSITY (R-2)
Ordinance No. 1943 Ordinance No. 1943
Ordinance No. 1943
Ordinance No. 1943