Ord 1951.docx — Fontana City Council, May 28, 2024

ORDINANCE NO. 1951
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT No. 24-001 to amend multiple sections OF CHAPTER 30 (fontana zoning and development code) INCLUDING AMENDMENTS TO SECTIONS 30-41, 30-43, 30-80, 30-215, 30-217, 30-302.2, AND 30-643 TO REMOVE REFERENCES TO THE DEVELOPMENT ADVISORY BOARD; SECTIONS 30-285 AND 30-294 TO CORRECT NOTICING VERBIAGE RELATED TO TENTATIVE MAPS; SECTIONS 30-362 THROUGH 30-370 AND 30-378 THROUGH 30-380 TO REMOVE FORM BASED CODE MAXIMUM LOT DIMENSIONS AND ADD LANGUAGE TO ALLOW COMMON AND PUBLIC OPEN SPACE FOR PROJECTS OVER TWO ACRES IN THE FORM BASED CODE; 30-404 TO PROVIDE COMMON OPEN SPACE AMENITY OPTIONS; 30-467 TO REMOVE ADU OWNER OCCUPANCY REQUIRMENTS CONSISTENT WITH STATE LAW; AND 30-530 TO REMOVE CERTAIN “ALL OTHER” USES PERMITTED USES IN INDUSTRIAL ZONING DISTRICTS, pursuant to a categorical exemption in accordance with CEQA Guidelines sections 15060(C) and 16051(B)(3).

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 City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the Fontana Municipal Code (“Code”); and WHEREAS, the General Plan includes policies and actions calling for numerous updates to the Code; and WHEREAS, Section 30-41. – “Pre-application meeting.” is amended to remove references to the Development Advisory Board (DAB); and WHEREAS, Section 30-43. – “Development Advisory Board (DAB) review.” Reserved, is being deleted; and WHEREAS, Section 30-80. – “Development Advisory Board (DAB) review.” Reserved, is being deleted; and WHEREAS, Section 30-215. – “Pre-application meeting.” is amended to remove references to the Development Advisory Board (DAB); and WHEREAS, Section 30-217. – “Development Advisory Board (DAB) review.” Reserved, is being deleted; and WHEREAS, Section 30-285 – “Noticing.” is amended to remove erroneous verbiage “minor use permits” from this section; and WHEREAS, Section 30-294 – “Noticing.” is amended to remove erroneous verbiage “minor use permits” from this section; and WHEREAS, Section 30-302.2 – “Finance and conveyance maps.” will be amended to remove references to the Development Advisory Board; and WHEREAS, Section 30-362 – “Station area district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space for projects over two acres; and WHEREAS, Section 30-363 – “Downtown gateway district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and WHEREAS, Section 30-364 – “Neighborhood district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and WHEREAS, Section 30-365 – “Multi-family district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and WHEREAS, Section 30-366 – “Transitional district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and WHEREAS, Section 30-367 – “Sierra gateway district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and WHEREAS, Section 30-368 – “Route 66 gateway district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and WHEREAS, Section 30-369 – “Valley gateway district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and WHEREAS, Section 30-370 – “Village gateway district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and WHEREAS, Section 30-378 – “Hybrid.” is amended to remove maximum lot width and depth dimensions; and WHEREAS, Section 30-379 – “Flex building.” is amended to remove maximum lot width and depth dimensions; and WHEREAS, Section 30-380 – “Liner building.” is amended to remove maximum lot width and depth dimensions; and WHEREAS, Section 30-404 – “General requirements.” is amended to identify common open space amenities; and WHEREAS, Sec. 30-467 – “Accessory dwelling units and junior accessory dwelling units.” is amended to remove references to Owner Occupancy in compliance with Government Code section 66315; and WHEREAS, Section 30-530 – “Uses permitted.” Is amended to remove certain broad categories of permitted uses within industrial zoning districts; and WHEREAS, Section 30-643 – “Minimum development standards.” is amended to remove references to the DAB; and WHEREAS, State law requires Zoning regulations to be consistent with the General Plan and therefore updating the Municipal Code would contribute to consistency with the General Plan; and WHEREAS, a notice of the public hearing was published in the local newspaper on Saturday, May 3, 2024 and simultaneously displayed at City Hall; and WHEREAS, on March 19, 2024, the Fontana Planning Commission (“Planning Commission”) held a public meeting on amendments to sections 30-41, 30-43, 30-80, 30-215, 30-217, 30-302.2, 30-643, 30-285, 30-294, 30-362 through 30-370, 30-378 through 30-380, 30-404, 30-467 and 30-30 (together “MCA No. 24-001”) where they received evidence and public testimony on the amendments and recommended that the Fontana City Council (“City Council”) determine that the amendments qualify 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, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA. This Ordinance is nonetheless exempt from the requirements of 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, the Planning Commission carefully considered all evidence and testimony presented at its public hearing on March 19, 2024 and recommended that the City Council approve the modifications to the Zoning and Development Code; and WHEREAS, the amendments in MCA No. 24-001 are consistent and compatible with the General Plan and are in line with goals, policies and objectives of the City; the Housing Element policies and the Zoning and Development Code; and WHEREAS, the amendments in MCA No. 24-001 will be in conformity with appropriate land use practices and will establish appropriate development standards for the land use designations; and WHEREAS, the amendments in MCA No. 24-001 are attached here to 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, the amendments in MCA No. 24-001 will better express the City’s policies and will generally promote good land use planning and regulation; and WHEREAS, On May 3, 2024, the Fontana Planning Department published the item in the local newspaper; and WHEREAS, on May 14, 2024, the City Council held a public meeting on MCA No. 24-001 where City Council received evidence and public testimony pertaining to the Zoning and Development Code amendments; and WHEREAS, the City Council carefully considered all information pertaining to MCA No. 24-001 that was presented at its public hearing on May 14, 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 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, as implementation of this Ordinance is to improve the environment.

SECTION 3. Development Code Amendment Findings. The City Council hereby makes the following findings for Municipal Code Amendment No. 24-001 accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

Finding: A 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 City initiated the Code amendment to amend Chapter 30 to modify multiple sections, including amendments to sections 30-41, 30-43, 30-80, 30-215, 30-217, 30-302.2, and 30-643 to remove references to the DAB; Sections 30-285 and 30-294 to correct erroneous references to minor use permits; Sections 30-362 through 30-380 to remove Form Based Code maximum lot dimensions and add language to allow common and public open space for projects over two acres; 30-404 to provide common open space amenity options; 30-467 to remove ADU owner occupancy requirements consistent with state law; and 30-530 to remove certain permitted uses in Industrial Zoning Districts. These amendments would provide clarity, eliminate inconsistencies, streamline City processes, and improve the implementation of the Code which is beneficial to the community to promote public welfare and furthers good planning principals. The amendments will provide flexibility to various development standards which will allow for various housing developments and promote the public’s health and safety or general welfare.

SECTION 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves the amendments as set forth in MCA No. 24-001, 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.

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 May 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 14th day of May 2024, and was finally passed and adopted not less than five days thereafter on the 28th day of May 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”
Below are the Amendments to Chapter 30 of the Municipal Code. Deletions are shown as strike outs. Additions are shown as underlines.

Sec. 30-41. - Pre-application meeting.

Prior to the filing of an application for a Development Code and/or zoning district map amendment, the applicant or the applicant's representative shall apply for a pre-application meeting application. The pre-application meeting is presented to the Development Advisory Board Director of Planning for recommendation for the project. The recommendation should be incorporated into the project prior to filing the formal application.

Sec. 30-43. - Development Advisory Board (DAB) review. Reserved.

All application for Development Code and/or zoning district map amendments shall be reviewed by the Development Advisory Board (DAB) to provide recommendation for the project. The recommendation should be incorporated into the project prior to moving forward to the approval body.

Sec. 30-80. - Development Advisory Board (DAB) review. Reserved.

All application for administrative site plan, major shall be reviewed by the Development Advisory Board (DAB) to provide recommendation for the project. The recommendation should be incorporated into the project prior to moving forward to the approval body.

Sec. 30-215. - Pre-application meeting.

Prior to the filing of an application for a variance, major, the applicant or the applicant's representative shall hold a pre-application meeting with the Director of Community Development and the Development Advisory Board apply for a pre-application conference with Director of Planning. Projects determined minor in nature may be waived of this process by the Director of Planning.

Sec. 30-217. - Development Advisory Board (DAB) review. Reserved.

All application for variance, major shall be reviewed by the Development Advisory Board (DAB) to provide recommendation for the project. The recommendation should be incorporated into the project prior to moving forward to the approval body.

Sec. 30-285. - Noticing.

Notice of hearings for minor use permit tentative parcel map modification shall be as set forth in Division 4, of this article herein.

Sec. 30-294. - Noticing.

Notice of hearings for minor use permit tentative tract map modification shall be as set forth in Division 4, of this article herein.

Sec. 30-302.2. - Finance and conveyance maps.
(a) Purpose. The purpose and intent is to provide procedures for the implementation of Government Codes relative to Finance and Conveyance Maps. Specific procedures as outlined in Division 21 of this article and Chapter 26; the administrative procedures are herein. (b) Authority. The Director of Planning is authorized to approve or deny finance and conveyance map applications. (c) Application. An application for a finance and conveyance map shall be filed with the Planning Department in a manner prescribed by the Director of Planning. (d) Reserved. Development Advisory Board (DAB) review. All application for a finance and conveyance map shall be reviewed by the Development Advisory Board (DAB) to provide recommendation for the project. The recommendation should be incorporated into the project prior to moving forward to the approval body. (e) Findings for approval. The Director of Planning shall make the findings identified in Chapter 26 before granting approval of a finance and conveyance map application. (f) Noticing. Notice of hearings for finance and conveyance maps shall be as set forth in Division 4, of this article herein. (g) Hearing. Upon receipt of a complete application for the project a time and place for the hearing before the Director of Planning shall be set. (h) Appeal. The decision of the Director of Planning shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein. (i) Time limitations. Each finance and conveyance map approval granted under this article shall become null and void pursuant to the time limitation identified in Chapter 26.

Sec. 30-362. Station area district.

The station area district includes the Metrolink station and Omnitrans bus terminal as the primary anchors. This area provides a transition between the retail district, the south Sierra gateway district and Chaffey College.

Residential or
Mixed-Use Density
Minimum
Maximum
15 units/acre
39 units/acre
Commercial
Floor Area Ratio
(without a residential component)
—

2.0 Setback
Building setback from PL
Front
Side/Rear
Min. (ft.)
Max. (ft)
Min. (ft.)
i.

Front Street
0 10
-
ii.

Side Street
0 10
-
iii.

Side (Interior)
-
-
0 iv.

Rear yard
-
-
5 rail-
adjacent
-
-
10 Allowed
Building Types
Min
Max
Stories/ft.

Lot W/D
Stories/ft.

Lot W/D
Court
1/18
100/100
4/55
150/150
Flex
2/30
25/100
4/55
400/150
Hybrid
2/30
150/160
4/55
400/150
Liner
2/30
100/100
4/55
200/150
Live/Work
2/24
75/80
3/40
150/150
Frontage Coverage
50% minimum
Story Height
Ground Floor
Upper Stories
Min. Height
12 ft.

Minimum Height
10 ft.

Common Open Space/Amenities
Development projects over two acres shall develop 5 percent of the site as common open space or public open space.* *See Article III (Form Based Code), Division 10 of the Zoning and Development Code.

Sec. 30-363. Downtown gateway district.

The downtown gateway district is primarily intended for commercial retail and personal service uses. New development should incorporate pedestrian elements to help serve as a transition to surrounding land uses.

Residential or
Mixed-Use Density
Minimum
Maximum
15 units/acre
39 units/acre
Commercial
Floor Area Ratio
(without a residential component)
—

2.0 Setback
Building setback from PL
Front
Side/Rear
Min. (ft.)
Max. (ft)
Min. (ft.)
i.

Front Street
5 35
-
ii.

Side Street
5 20
-
iii.

Side (Interior)
-
-
0 iv.

Rear yard
-
-
15 Allowed
Building Types
Min
Max
Stories/ft.

Lot W/D
Stories/ft.

Lot W/D
Flex
2/30
25/100
5/70
400/150
Hybrid
3/40
150/160
5/70
400/150
Liner
1/24
100/100
5/70
200/150
Live/Work
1/24
75/80
3/40
150/150
Court
2/24
100/100
5/70
150/150
Frontage Coverage
50% minimum
Story Height
Ground Floor
Upper Stories
Min. Height
12 ft.

Minimum Height
10 ft.

Sec. 30-364. Neighborhood district.

The neighborhood district is an area primarily developed with single-family detached homes. New development should preserve and exemplify the character of existing neighborhoods.

Single-Family Density
Minimum
Maximum
3 units/acre
5 units/acre
Setback
Building setback from PL
Front
Side/Rear
Min. (ft.)
Max. (ft)
Min. (ft.)
i.

Front Street
10 25
-
ii.

Side Street
10 20
-
iii.

Side (Interior)
-
-
5 iv.

Rear yard
-
-
10 Allowed
Building Types
Min
Max
Stories/ft.

Lot W/D
Stories/ft.

Lot W/D
Single Family
1/15
50/75
3/40
75/100
Flex
(non-residential only)
1/24
—
3/40
—
Common Open Space/Amenities
Development projects over two acres shall develop 5 percent of the site as common open space or public open space.* *See Article III (Form Based Code), Division 10 of the Zoning and Development Code.

Sec. 30-365. Multi-family district.

The multi-family district provides higher densities focused along the fringe of the more urban development. New development should incorporate increased density with architectural design and materials that exemplify one of the designated architectural styles.

Multi-Family Density
Minimum
Maximum
12 units/acre
39 units/acre
Setback
Building setback from PL
Front
Side/Rear
Min. (ft.)
Max. (ft)
Min. (ft.)
i.

Front Street
5 20
-
ii.

Side Street
5 10
-
iii.

Side (Interior)
-
-
0 iv.

Rear yard
-
-
10 Allowed
Building Types
Min
Max
Stories/ft.

Lot W/D
Stories/ft.

Lot W/D
Court
1/18
100/100
4/55
200/200
Liner
1/24
100/100
4/55
200/200
Rowhouse
2/24
125/125
3/40
125/150
Rosewalk & Bungalow Court
1/18
100/100
2/40
200/200
Duplex, Multiplex
1/18
50/100
3/40
75/150
Flex
1/24
—
3/40
—
Frontage Coverage
50% minimum
Story Height
Ground Floor
Upper Stories
Min. Height
12 ft.

Minimum Height
10 ft.

Sec. 30-366. Transitional district.

The transitional district is adjacent to more intense commercial uses providing a transition to more sensitive uses, such as residential. This district includes a mixture of commercial office, retail, personal services, and residential.

Multi-Family or Mixed-Use Density
Minimum
Maximum
12 units/acre
39 units/acre
Detached Single-Family Density
3 units/acre
12 units/acre
Commercial Floor Area Ratio
—

2.0 Setback
Building setback from PL
Front
Side/Rear
Min. (ft.)
Max. (ft)
Min. (ft.)
i.

Front Street
10 30
-
ii.

Side Street
10 15
-
iii.

Side (Interior)
-
-
5 iv.

Rear yard
-
-
20 Allowed
Building Types
Min
Max
Stories/ft.

Lot W/D
Stories/ft.

Lot W/D
Court
2/30
100/100
3/40
150/150
Live/Work
1/18
75/80
3/40
150/150
Rowhouse
1/18
125/125
3/40
125/150
Rosewalk & Bungalow Court
1/18
75/100
3/40
150/150
Duplex, Multiplex
1/18
50/100
3/40
75/100
Single Family
1/18
50/100
3/40
—
Frontage Coverage
50% minimum
Story Height
Ground Floor
Upper Stories
Min. Height
12 ft.

Minimum Height
10 ft.

Sec. 30-367. Sierra gateway district.

The Sierra gateway district is intended to encourage pedestrian-oriented development and land uses. Uses are to include a mix of medium- to high-density residential, retail and services, office, entertainment, education, and open space.

Residential or Mixed-Use Density
Minimum
Maximum
18 units/acre
39 units/acre
Commercial Floor Area Ratio (without residential component) —
2 Setback
Building setback from PL
Front
Side/Rear
Min. (ft.)
Max. (ft)
Min. (ft.)
i.

Front Street
0 10
-
ii.

Side Street
0 10
-
iii.

Side (Interior)
-
-
0 iv.

Rear yard
-
-
5 Allowed
Building Types
Min
Max
Stories/ft.

Lot W/D
Stories/ft.

Lot W/D
Flex
1/30
25/100
4/60
400/150
Hybrid
3/40
150/160
5/70
400/150
Liner
1/24
100/100
5/70
200/150
Live/Work
1/24
75/80
3/40
150/150
Rowhouse
2/24
75/80
3/40
150/150
Frontage Coverage
50% minimum
When the development project is 5 acres or more in size and does not include any residential uses, frontage coverage can be reduced to 25% at the discretion of the Planning Commission if it can be determined that the reduced frontage benefits public safety.

Story Height
Ground Floor
Upper Stories
Min. Height
12 ft.

Minimum Height
10 ft.

Sec. 30-368. Route 66 gateway district.

The Route 66 gateway district is primarily intended for commercial retail and personal service uses with incorporated automobile uses that have traditionally been located along the corridor.

Residential or Mixed-Use Density
Minimum
Maximum
18 units/acre
39 units/acre
Commercial Floor Area Ratio (without a residential component) —

2.0 Setback
Building setback from PL
Front
Side/Rear
Min. (ft.)
Max. (ft)
Min. (ft.)
i.

Front Street
0 10
-
ii.

Side Street
0 10
-
iii.

Side (Interior)
-
-
0 iv.

Rear yard
-
-
5 Allowed
Building Types
Min
Max
Stories/ft.

Lot W/D
Stories/ft.

Minimum Height
10 ft.

Sec. 30-369. Valley gateway district.

The Valley gateway district is intended to encourage pedestrian and transit-oriented development. Land uses should include a mixture of housing types, retail and services, general and medical office, entertainment and education.

Residential or Mixed-Use Density
Minimum
Maximum
20 units/acre
39 units/acre
Commercial Floor Area Ratio (without residential component) —

2.0 Setback
Building setback from PL
Front
Side/Rear
Min. (ft.)
Max. (ft)
Min. (ft.)
i.

Front Street
0 10
-
ii.

Side Street
0 10
-
iii.

Side (Interior)
-
-
0 iv.

Rear yard
-
-
5 Allowed
Building Types
Min
Max
Stories/ft.

Lot W/D
Stories/ft.

Lot W/D
Flex
2/30
25/100
5/70
400/150
Hybrid
3/40
150/160
5/70
400/150
Liner
1/24
100/100
5/70
200/150
Live/Work
1/24
75/80
3/40
150/150
Frontage Coverage
50% minimum
Story Height
Ground Floor
Upper Stories
Min. Height
12 ft.

Minimum Height
10 ft.

Sec. 30-370. Village district.

The Village district is intended to provide an alternative to conventional subdivision development with a mixture of housing types, neighborhood-service retail, and open space.

Residential or Mixed-Use
Minimum
Maximum

2.1 units/acre
24 units/acre
Commercial Floor Area Ratio (without residential component) —

1.0 Setback
Building setback from PL
Front
Side/Rear
Min. (ft.)
Max. (ft)
Min. (ft.)
i.

Front Street
10 25
-
ii.

Side Street
10 20
-
iii.

Side (Interior)
-
-
5 iv.

Rear yard
-
-
10 Allowed Building Types
Min
Max
Stories/ft.

Lot W/D
Stories/ft.

Lot W/D
Flex
2/30
25/100
5/70
400/150
Hybrid
2/30
150/160
5/70
400/150
Liner
1/24
100/100
5/70
200/150
Live/Work
1/24
75/80
3/40
150/150
Rowhouse
2/24
125/125
3/40
-
Court
2/24
100/100
5/70
150/150
Single Family
1/15
50/75
3/40
75/100
Duplex, Multiplex
1/18
50/100
3/40
75/150
Rosewalk or Bungalow Ct.
1/18
75/100
3/40
150/150
Frontage Coverage
50% minimum
Story Height
Ground Floor
Upper Stories
Min. Height
12 ft.

Minimum Height
10 ft.

Sec. 30-378. - Hybrid.

Description: A building that combines a point-access portion of the building with a walk-up portion. The building may be designed for occupancy by retail, service, and/or office uses on the ground floor, with upper floors also configured for those uses or for residences.

Allowed In:

Retail, Station, Downtown Gateway, Sierra Gateway, Route 66 Gateway, Valley Gateway & Village Lot Size:

Width: 150 ft. min./200 ft. max.

Depth: 160 ft. min./250 ft. max.

Pedestrian
Access:

The main entrance to each ground floor is directly from the street.

Entrance to the residential portions of the building is through a dedicated street level lobby, or through a dedicated podium lobby accessible from the street or through a side yard.

Interior circulation to each unit above the second level in double-loaded corrido element of the building is through a corridor of at least six feet in width with recessed doors or seating alcoves/offsets at every 100 feet at a minimum. For other units, it is directly off a common courtyard or through stairs serving up to three dwellings.

Vehicle Access & Parking:

Underground garage, surface parking, tuck under parking or a combination of any of the above.

Frontages:

Porch
Dooryard
Stoop
Arcade
Private Open Space:

Minimum width: 8 ft.

Minimum depth: 8 ft.

Minimum area: 64 sq. ft.

This open space is exclusive of the courtyard and may be located in a side or rear yard.

Common Courtyard:

Recommended width/depth/height ratio: 1:1 approx.

Width/depth: 20 ft. min.

Building Size & Massing:

Length along frontage: 200 ft. max.

Sec. 30-379. - Flex building.

Description: A building type designed for occupancy by retail, service, and/or office uses on the ground floor, with upper floors configured for retail, service, office, and/or residential uses. Second floor units may be directly accessed from the street through a stair; upper floors are accessed through a street level lobby.

Allowed In:

Retail, Station, Downtown Gateway, Civic, Sierra Gateway, Route 66 Gateway, Valley Gateway & Village Lot Size:

Width: 400 ft. max.

Depth: 150 ft. max.

Pedestrian
Access:

Direct access from sidewalk. Upper floors accessed from street level.

Vehicle Access & Parking:

Required parking is accommodated in an underground or above-ground garage, tuck under parking, or a combination of any of the above.

Frontages:

Forecourt
Shopfront
Gallery
Arcade
Private Open Space:

Private open space is required for each residential unit and shall be no less than 64 sq. ft. with a minimum dimension of five feet in each direction.

Shared Open Space:

The primary shared common space is the rear or side yard designed as a courtyard. Courtyards can be located on the ground or on a podium and must be open to the sky. Side yards can also be formed to provide outdoor patios connected to ground floor commercial uses.

Recommended width/depth/height ratio: 1:1 approx. Width/depth: 20 ft. min.

Building Size & Massing:

Length along frontage: 400 ft. max., but if over 200 ft., must provide massing break.

Sec. 30-380. - Liner building.

Description: A building that conceals a garage, or other large-scale faceless building (such as a movie theater), "big box" store or surface parking facility, designed for occupancy by retail, service, and/or office uses on the ground floor, with upper floors configured for retail, service, office, and/or residential uses. The access corridor, if applicable, is included in the minimum depth.

Allowed In:

Retail, Station, Downtown Gateway, Civic, Sierra Gateway, Route 66 Gateway, Valley Gateway & Village Lot Size:

Width: 400 ft. max.

Depth: 150 ft. max.

Pedestrian Access:

Direct access from sidewalk. Upper floors accessed from street level.

Vehicle Access & Parking:

Required parking is accommodated in an underground or above-ground garage, tuck under parking, or a combination of any of the above.

Frontages:

Forecourt
Shopfront
Gallery
Arcade
Private Open Space:

Private open space is required for each residential unit and shall be no less than 64 sq. ft. with a minimum dimension of eight feet in each direction.

Shared Open Space:

Recommended width/depth/height ratio: 1:1 approx.

Width/depth: 20 ft. min.

Building Size & Massing:

Length along frontage: 400 ft. max., but Iif over 200 ft., must provide massing break.

Sec. 30-404. General requirements.
(a) All public open spaces shall abut public right-of-way or be otherwise connected to public sidewalks and shall be open to the public 24 hours per day. At the discretion of the Community Development Director, public access to a public open space may be restricted after dark. (b) All public open spaces shall be visible from surrounding streets and masses of shrubs around edges shall be avoided. (c) Common open spaces shall include an amenity such as a tot lot, outdoor sports recreation area, bar-b-que with picnic tables, paseos, or equivalent.

Sec. 30-467. Accessory dwelling units and junior accessory dwelling units. (e) General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (d)(1) or (d)(2) above:
(1) Zoning.
a. An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multi-family dwelling residential use. (2) Height.
a. Except as otherwise provided by subsections (e)(2)(b) and (e)(2)(c) below, a detached ADU created on a lot with an existing or proposed single-family or multi-family dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multi-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Public Resources Code § 21155, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multi-family dwelling that has more than one story above grade may not exceed 18 feet in height. d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(d) may not exceed two stories. e. For purposes of this subsection (e)(2), height is measured from existing legal grade to the peak of the structure. (3) Fire sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (4) Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (5) No separate conveyance. An ADU or JADU may be rented but, except as otherwise provided in Government Code § 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot). (6) Septic system. If the ADU or JADU will connect to an onsite wastewater-treatment system, include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years. (6) Septic system. If the ADU or JADU will connect to an onsite wastewater-treatment system, include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years. (7) Owner occupancy. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (e)(7)(c) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence. c. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (e)(7)(c) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. (87) Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. Except as otherwise provided in Government Code § 65852.26, the ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section. c. The deed restriction runs with the land and may be enforced against future property owners. d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. e. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. (98) Income reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance with Government Code §§ 65583.1 and 65852.2, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU. b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law. (109) Building and safety.
a. Must comply with building code. Subject to subsection (e)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in California Building Code § 310, unless the building official or Code Compliance Department makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (e)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for non-residential use and was subsequently converted for residential use in accordance with this section. (f) Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above. (1) Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection (f) is 1,200 square feet. b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection (f), such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (f)(1)(b) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

Setbacks.
d. An ADU that is subject to this subsection (f) must conform to an 18-foot front-yard setback, subject to subsection (f)(1)(c) above. e. An ADU that is subject to this subsection (f) must conform to four-foot side- and rear-yard setbacks. f. No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as a legal existing structure. (2) Lot coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (f)(1)(c) above. (3) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU. (4) Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above. b. Exceptions. No parking under subsection (f)(4)(a) is required in the following situations:

1. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(11) above.

2. The ADU is located within an architecturally and historically significant historic district.

3. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (d)(1)(a) above.

4. When on-street parking permits are required but not offered to the occupant of the ADU.

5. When there is an established car share vehicle stop located within one block of the ADU.

6. When the permit application to create an ADU is submitted with an application to create a new single-family or new multi-family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (f)(4)(b)(1) through (5) above. c. No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. (5) Architectural requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code. d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. e. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet. f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. g. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (6) Landscape requirements. Evergreen landscape screening must be planted and maintained between the ADU, and adjacent parcels as follows:
a. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24 inch box size plant shall be provided for every ten linear feet of exterior wall. b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. c. All landscaping must be drought tolerant.
(7) Historical protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way. (g) Fees. The following requirements apply to all ADUs that are approved under subsections (d)(1) or (d)(2) above. (1) Impact fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (g)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Government Code § 66000(b)) and a fee under the Quimby Act (Government Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) (2) Utility fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. b. Except as described in subsection (g)(2)(a), converted ADUs on a single-family lot that are created under subsection (d)(1)(a) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. c. Except as described in subsection (g)(2)(a), all ADUs that are not covered by subsection (g)(2)(b) require a new, separate utility connection directly between the ADU and the utility.

1. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

2. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service. (h) Nonconforming zoning code conditions, building code violations, and unpermitted structures. (1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. (2) Unpermitted ADUs constructed before 2018.
a. Permit to legalize. As required by state law, the city may not deny a permit to legalize an existing, but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:

1. The ADU violates applicable building standards, or

2. The ADU does not comply with the state ADU law (Government Code § 65852.2) or this ADU ordinance (Section 30-467). b. Exceptions.

1. Notwithstanding subsection (h)(2)(a) above, the city may deny a permit to legalize an existing, but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

2. Subsection (h)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3.

Sec. 30-530. Uses permitted.
(a) Uses by zoning district. Table No. 30-530, lists the uses permitted in each of the industrial zoning districts. A "P" indicates the use is permitted by right and requires site and architectural approval; "M" indicates the use requires the granting of a minor use permit; a "C" indicates the use requires a conditional use permit; and "—" means the use is not permitted in that zoning district. (b) Uses subject to specific requirements. Permitted uses marked with an asterisk "*" are permitted subject to specific use regulations in Section 30-532. Conditional uses are subject to the provisions of Section 30-533. Uses marked with a double Table No. 30-530
Permitted Uses in Industrial Zoning Districts
Uses
M-1
M-2

1. Manufacturing
Batching Plant (Concrete Processing)/Mining and Processing —
C
Manufacturing processes involving raw materials
—
C
Manufacturing processes involving no raw materials
C
P

2. Food processing
Animal slaughtering
—
—
Commercial Bakery
P
P
Industrial food catering
P
P
Lard, pickles, sauerkraut, vinegar
—
C
Meat, dog and cat food processing, canning, packaging
—
C
All other food processing
C
C

3. Service and Repair
Body shop and Custom automotive repair (includes lowering and lifting) C
C
Automobile, truck, and other vehicle wash facility
P
P
Rental—Automobile, pick-up truck, commercial truck or van, tractor and/or trailer C
P
Automobile Repair Facility
C
C
Truck repair facility
C
C
Cargo container repair
—
—
Gymnasiums, health spas
P
P
Tractor (diesel truck), heavy equipment service and repair —
C
Industrial laundry
P
P
Machine shop, machinery repair
C
P
Printer, blueprint shop
P
P
Recycling facilities
C
C
Terminal, bus
C
C

4. Storage and open yards
Auto storage
—
—
Automobile/truck dismantling
—
Truck and trailer storage
—
—
Truck Terminal
C
C
Building materials—Finished
P*
P*
Building materials—Raw (excluding concrete batching)
—
P*
Contractor's equipment storage yard
—
P*
Hazardous substance (in amounts below the maximum allowable quantities as determined by the hazardous material inventory list) P
P
Hazardous substance (in amounts exceeding the maximum allowable quantities as determined by the hazardous material inventory list) __
Self-storage facility
C
C
Petroleum and similar flammable materials (for local distribution) —
C
RV storage
P*
P*

5. Warehousing Uses
Warehousing, High-Cube
P*
P
Warehousing, standard
P*
P
Warehousing, Logistics and Distribution
P*
P
Warehousing Sales, Retail
P *
P
Warehousing Sales, Wholesale
P *
P

6. Retail Sales
Automobile and Boat Sales and Accessory Uses
C
P
Tractor (diesel truck) sales and accessory
C
M
Convenience Store
P
P
Convenience Store with Alcoholic Beverage Sales
C
C
Copying, Packaging, Mailing
P
P
Fueling Station (with or without convenience store)
C
C
Liquor Store
C
C
Pharmacy
P
P
All other retail sales
P
P

7. Restaurants and bars
Bar
C
C
Restaurant with or without alcoholic beverage sales
P
P
Restaurant with alcoholic beverage sales
C
C
Restaurant, drive-thru
P
P
Restaurant, fast food
P
P
Micro-brewery
C
C

8. Administrative and professional offices
Associated with manufacturing or other industrial use
P*
P*
Business Park
P
P
Financial Institutions
P
P
Clinic, medical or dental
P
P
Laboratory, medical or biological
P
P
Optician
P
P
All other offices
P
P

9. Educational
Driver training school
C
C
Trade or technical school
C
C
All other educational institutions
C
C

10. Miscellaneous uses
Adult businesses
P*
P*
Animal kennel
C
C
Auctions
C
C
Cemetery and related uses
C
C
Crematory
—
—
Construction trailer
P*
P*
Depot, bus
P*
P*
Greenhouse
P
P
Hotel
P
P
Natural resource development
**
**
Night watchmen or custodian quarters
C
C
Parks
P
P
Fire Station
P
P
Sec. 30-643. – Minimum development standards.
(2) Planning area 2—Auto center supporting uses.
a. Building setbacks.

1. All buildings and parking areas, except for allowed monument signs, shall be setback from all street property lines as follows:

Sierra Avenue: 25 Feet
South Highland Avenue: 20 Feet
Mango Avenue: 15 Feet
210 Freeway Right-of-way: 5 Feet

2. Monument signs are required to be set back a minimum of five feet from the street property line, and must comply with site distance traffic standards at all street corners and driveway entrances. b. Building height.

1. Buildings and other structures shall not exceed a maximum of 60 feet as measured from the top of curb located adjacent to the street property line to the highest building ridge. c. Lot coverage:

1. No more than 50 percent of the net lot area may be covered with buildings or other structures. d. Off-street parking and circulation.

1. Required off-street parking spaces for retail shall be provided at the ratio set forth in Chapter 30 of the Fontana Municipal Code.

2. All parking spaces shall be a minimum of nine feet wide and 19 feet deep.

3. Drive aisle widths are required to be 26 feet wide unless otherwise required by the San Bernardino County Fire Department. e. Landscaping.

1. All retail commercial uses shall have a minimum of 15 percent landscaping of the net project site (minus the building footprint).

2. Required setback areas shall be landscaped with trees, shrubs, plants, grasses and hardscape as set forth within the overlay district landscape design guidelines plant palette.

3. For projects that are adjacent to the 210 Freeway right-of-way, there shall be a minimum five-foot wide landscape strip planted with trees and shrubs.

4. Solid block walls adjacent to the 210 Freeway right-of-way are prohibited. The Freeway edge treatment shall consist of eight-foot tall pilasters at 30 feet on center with tubular or wrought iron fencing between pilasters. These pilasters shall be consistent with the design as set forth within the auto center design guidelines. f. Lighting.

1. On-site lighting plans shall be submitted showing the design, intensity, layout and exact fixture mounting. Lighting plans shall be reviewed by City Staff and approved through the required Development Advisory Board (DAB) review process.

2. Lighting plans shall be consistent with the lighting design criteria and guidelines set forth within this overlay district.

3. Shielded fixtures shall direct all lighting downward, and shall illuminate areas used for parking and driveways.

4. All exterior areas shall have light standards no taller than 20 feet in height.

5. All lighting fixtures shall be properly shielded to prevent off-site glare. Spot fixtures shall only be downward directed, except at strategic areas such as monument signs and other landscape locations along the project's perimeter.

6. Strings of incandescent fixtures are not allowed in any exterior commercial area. g. Walls, fences and screening. Walls and fences constructed on an interior lot line, at the rear of the required landscape setback area, or along the 210 Freeway right-of-way shall be in keeping with the development standards set forth herein.

1. Walls shall not exceed eight feet in height, except that within the required building and parking landscaped setback, walls may not exceed three feet in height.

2. All walls shall be constructed of split face or masonry material that is compatible with the building design.

3. Chain link fencing and all types of barbed wire are prohibited, except that chain link fencing is allowed during construction for security purposes.

4. All service and trash enclosure areas shall be screened from view from all public streets by walls and approved fencing, wherever feasible. No storage areas shall be visible from any public right-of-way, including the 210 Freeway.

5. Solid block walls are prohibited. Wall edge treatments shall consist of eight-foot tall pilasters at 30 feet on center with tubular or wrought iron fencing between pilasters. These pilasters shall be consistent with the design as set forth within the auto center design guidelines.

6. Roof mounted mechanical equipment shall be screened and not be visible from any public rights-of-way, including the 210 Freeway. Roof mounted equipment screening techniques shall involve an integrated architectural design element which is compatible with the architectural design of the commercial building. h. Sound attenuation.

1. A drive-through lane is not permitted adjacent to any parcel of land that is zoned for residential use.

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Fontana City CouncilMay 28, 2024

Fontana City Council
May 28, 2024