Agenda packet — Fontana City Council, July 9, 2024 (part 2 of 2)

RESOLUTION NO. 2024-048

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, DIRECTING THE PLACEMENT OF RUBBISH CHARGES
ON THE PROPERTY TAX BILLS FOR COLLECTION.

WHEREAS, Section 24-85 of the Municipal code of the City of Fontana provides for the collection of rubbish charges more than ninety days delinquent by recording real property liens, and further by annually forwarding amounts remaining unpaid to the County of San Bernardino for addition to the property tax rolls as a special assessment; and

WHEREAS, California Health and Safety Code Section 5473 specifically authorizes the City to levy and collect rubbish charges through County administered and enforced property tax billing and collection procedures; and

WHEREAS, the Auditor-Controller of San Bernardino County is authorized, if so directed by the City, to place rubbish charges on property tax bills; and

WHEREAS, the City Council has elected to place annual rubbish charges on the property tax rolls for accounts subject to lien action because of delinquency.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:

SECTION 1. That rubbish service charges for the period of July 1, 2024, through June 30, 2025, for all residential properties be forwarded to the County of San Bernardino for addition to the 2024/2025 property tax rolls as a special assessment.

Additionally, that rubbish service charges for July 1 through June 30 of each subsequent year be forwarded in the same manner.

SECTION 2. That rubbish service charges for the period of July 1, 2024, through June 30, 2025, for those residential properties that have unpaid liens for delinquent rubbish charges as of June 30, 2024, together with the amount of unpaid liens, be forwarded to the County of San Bernardino for addition to the 2024/2025 property tax rolls as a special assessment.

SECTION 3. That whenever a rate change occurs during the assessment year, the City shall prepare a pro-rated adjustment to the assessment file which shall be added to the subsequent annual assessment.

SECTION 4. This resolution shall take effect upon adoption. 137

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APPROVED AND ADOPTED 9th day of July, 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 resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 9th day of July 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
138
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3098 Agenda Date: 7/9/2024
Agenda #: A. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Master Case No. 24-044 and Municipal Code Amendment No. 24-003: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code), pursuant to a categorical exemption in accordance with CEQA Guidelines section 15060(c) and 15061(B)(3).

RECOMMENDATION:

1. Determine that this Ordinance is categorically exempted 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, 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,

2. Read by title only and waive further reading of and introduce Ordinance No. 1954, an Ordinance of the City Council of the City of Fontana approving Master Case No. 24-044 and Municipal Code Amendment No. 24-003 amending Chapter 30 to amend multiple sections of Chapter 30 of the Fontana Zoning and Development Code, including modifications to requirements for drive-through restaurants; modification of certain civic building setbacks in the Form Based Code; allowance for increases to certain building heights in connection with rooftop amenities in the Sierra Core; increased building length for duplex and triplex buildings in the Form Based Code; modification to Rowhouse and Porch Frontage building types in the Form Based Code; and removal of minimum barbeque facilities requirements in the Downtown Core; and the reading of the title constitutes the first thereof COUNCIL GOALS:
· Promote economic development by pursuing business attraction, retention, and expansion. · Promote economic development by establishing a quick, consistent development process. · Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.

DISCUSSION:

Background:

The Planning Commission reviewed Master Case No. 24-044 and Municipal Code Amendment No. 24-003 during its June 18, 2024, meeting. At the conclusion of the hearing, the Planning Commission adopted Resolution No. PC 2024-034 to recommend approval of Municipal Code Amendment No. 24 City of Fontana Printed on 7/3/2024Page 1 of 3
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File #: 21-3098 Agenda Date: 7/9/2024
Agenda #: A. Category: Public Hearing
adopted Resolution No. PC 2024-034 to recommend approval of Municipal Code Amendment No. 24 -003 to the City Council, subject to adding verbiage under the Restaurant, drive-through Section 30- 491(2)(i) that the number of seats required shall be approved by the Director of Planning. The added language is provided in the draft ordinance (Attachment 1) in red italic font.

Analysis:

The City is proposing approval of Municipal Code Amendment No. 24-001 to update Chapter 30, that will modify multiple sections of the Zoning and Development Code, including modifications to requirements for drive-through restaurants; modification of certain civic building setbacks in the Form Based Code; allowance for increases to certain building heights in connection with rooftop amenities in the Sierra Core; increased building length for duplex and triplex buildings in the Form Based Code; modification to Rowhouse and Porch Frontage building types in the Form Based Code; and removal of minimum barbeque facilities requirements in the Downtown Core. The amendments are proposed in order to provide flexibility, clarity, and streamlining of the City’s Municipal Code.

The following is a brief summary of the proposed amendments. A detailed list of proposed amendments are provided under the Ordinance, attached to this staff report as Attachment No. 1.

Fast food drive-through requirements - Modifications to existing special use requirements for fast food drive-through restaurants will define queuing requirements, require customer seating, specify screening requirements for queuing areas, and clarify design requirements for these uses. The proposed revisions will ensure that drive through restaurants provide for adequate queuing, strengthen screening requirements, and require customer seating.

Civic buildings in the Form Based Code - Modifications to multiple sections of the Form Based Code to address the unique needs and features of civic buildings by providing the Planning Commission with the ability to modify building setbacks for civic buildings.

Height requirements in the Sierra Core - Modifications to allow increased height for certain portions of buildings in connection with provision of rooftop amenities, which are encouraged in the Sierra Core district.

Duplex and Multiplex Building Length - Modifications to allow for increased building length for these building types in the Form Based Code in order to facilitate residential development.

Rowhouse and Porch buildings in the Form Based Code - Modifications to clarify and provide additional flexibility in entrance design allowances for these two building types.

Downtown Core Amenities - Removal of redundant/excessive barbeque facility requirements in the Sierra Core as minimum area and numbers of amenities are already required.

In summary, the proposed amendments are proposed in order to provide flexibility in, and streamlining of, the City’s Municipal Code.

FISCAL IMPACT:

None.

City of Fontana Printed on 7/3/2024Page 2 of 3
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File #: 21-3098 Agenda Date: 7/9/2024
Agenda #: A. Category: Public Hearing
MOTION:

Approve Staff Recommendation.

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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FONTANA, CALIFORNIA, APPROVING FONTANA
MUNICIPAL CODE AMENDMENT NO. 24-003 TO AMEND
MULTIPLE SECTIONS OF CHAPTER 30, ZONING AND

DEVELOPMENT CODE, INCLUDING AMENDMENTS TO
SECTION 30-491 TO FOR DRI VE-THRU RESTAURANTS;
SECTIONS 30 -361 THROUGH 30 -363 AND 30 -366
THROUGH 30 -370 FOR SETBACKS FOR CIVIC
BUILDINGS; SECTION 30 -371.2 FOR BUILDING HEIGHTS

IN CONNECTION WITH ROOFTOP AMENITIES IN THE
SIERRA CORE DISTRICT OF THE FORM BASE D CODE;
SECTION 30-372 FOR MAXIMUM BUILDING LENGTH FOR

DUPLEX AND MULTIPLEX BUILDING TYPES IN THE FORM
BASED CODE; SECTION 30 -374 FOR LANGUAGE

RELATED TO GROUND FLOOR EN TRIES FOR
ROWHOUSES IN THE FORM BASED CODE; SECTION 30 -
381 TO MODIFY THE LANGUAGE RELATED TO PORCH
FRONTAGE TYPES; AND SECTION 30 -404.1 TO REMOVE

MINIMUM BARBEQUE FACILITIES REQUIREMENTS FROM

THE DOWNTOWN CORE , PURSUANT TO A

CATEGORICAL EXEMPTION IN ACCOR DANCE WITH
CEQA GUIDELINES SECTIONS 15060(C), 15061(B)(3), AND
SECTION 15378.

WHEREAS, pursuant to 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 includ es policies and actions calling for numerous updates to the Code; and

WHEREAS, Section 30-491. – Special Use Regulations* . Is amended to modify the requirements for queuing, screening, seating, and design for drive -thru restaurants; and

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WHEREAS, Section 30-361. – Civic district . is amended to allow the Fontana Planning Commission (“Planning Commission”) to modify building setbacks for civic buildings; and

WHEREAS, Section 30 -362. – Station area district . is amended to allow the Planning Commission to modify building setbacks for civic buildings; and

WHEREAS, Section 30-363. – Downtown gateway district . is amended to allow the Planning Commission to modify building setbacks for civic buildings; and

WHEREAS, Section 3 0-366. – Transitional district . is amended to allow the Planning Commission to modify building setbacks for civic buildings; and

WHEREAS, Section 30-367. – Sierra gateway district . is amended to allow the Planning Commission to modify building setbacks for civic buildings; and

WHEREAS, Section 30-368. – Route 66 gateway district. is amended to allow the Planning Commission to modify building setbacks for civic buildings; and

WHEREAS, Section 30-369. – Valley gateway district . is amended to allow the Planning Commission to modify building setbacks for civic buildings; and

WHEREAS, Section 30-370. – Village gateway district . is amended to allow the Planning Commission to modify building setbacks for civic buildings; and

WHEREAS, Section 30-371.2. – Sierra core. is amended to allow certain height increases in association with rooftop amenities; and

WHEREAS, Section 30 -372. – Duplex, multiplex . is amended to increase the maximum building length for duplex and multiplex building types in the Form Based Code; and

WHEREAS, Section 30 -374. – Rowhouse. is amended to allow above grade ground floors for Rowhouse building types; and

WHEREAS, Section 30 -381. – Porch. is amended to clarify the definition of covered porch; and

WHEREAS, Section 30-404.1. – Downtown Core . is amended to remove the minimum number of barbecue facilities to be provided for a multi-family project; 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
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WHEREAS, a notice of the public hearing was published in the local newspaper on Saturday, June 28, 2024, and simultaneously displayed at City Hall; and WHEREAS, on June 18, 2024, the Planning Commission held a public meeting on amendments to sections 30-491, 30-361 through 30 -363, 30-366 through 30 -370, 30 - 371.2, 30-372, 30-374, 30-381, and 30-404.1, (together “MCA No. 24-003”) where they received evidence and public testimony on the amendments and staff recommendations to find that the amendments promote the goals of the City’s General Plan and recommend that the Fontana City Council (“City Council”) adopt such amendments and 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 N o. 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 June 18, 2024, found that the amendments promote the goals of the City’s General Plan and recommended that the City Council approve the modifications to the Zoning and Development Code; and WHEREAS, the amendments in MCA No. 2 4-003 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. 2 4-003 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. 24-003 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. 2 4-003 will better expr ess the City’s policies and will generally promote good land use planning and regulation; and WHEREAS, On June 28, 2024, the Fontana Planning Department published notice of the public hearing in the local newspaper; and
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WHEREAS, on July 9, 2024, the City Council held a public meeting on MCA No. 24-003 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. 24-003 that was presented at its public hearing on July 9, 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 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 , that 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 seen 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. Therefore, a Notice of Exemption is to be filed.

SECTION 3. Development Code Amendment Findings . The City Council hereby makes the following findings for Municipal Code Amendment No. 24-003 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 ame ndment 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 to 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 and the General Plan .

Additionally, t he amendments will provide flexibility to various 145
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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. 24-003, 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.

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 9th day of July 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 w as introduced at a regular meeting on the 9th day of July 2024, and was finally passed and adopted not less than five days thereafter on the 23rd day of July 2024, by the following vote to wit:

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AYES:

NOES:

ABSENT:

_________________________________________
City Clerk of the City of Fontana

_________________________________________
Mayor of the City of Fontana

ATTEST:

_________________________________________
City Clerk

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“EXHIBIT A”

AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(*Additions shown in underline, deletions shown in strikeout)

ARTICLE VI. – COMMERCIAL AND MIXED-USE ZONING DISTRICTS DIVISION 3. – USE REGULATIONS
Sec. 30-491. Special use regulations *.

This section establishes special regulations for certain permitted uses marked with an asterisk (*) in Table No. 30 -489. The specified use is permitted provided that the use conforms to the following regulations:
(1) Construction trailers. Trailers used for construction offices or watchman's quarters are permitted at a construction site with the approval of a temporary use permit as required in Article II provided:
a. Trailers are located on the same or adjacent premises as the construction site. b. Traile rs are used only during the period of construction. All trailers shall be removed prior to final project inspection.
c. Not more than one person per shift resides in the trailer if used for watchman's quarters.
d. Shall comply with provision set forth for temporary uses as defined in Article II. (2) Restaurant, drive -thru.
a. A minimum stacking distance of 132 feet shall be provided from the forward most drive-up window to the entrance of the stacking space. The stacking space shall be located completely cl ear of any adjacent public right -of-way and all circulation aisles provided on the site. Drive -thru aisle shall have a minimum 12 - foot-wide driveway.
b. The menu board shall be enhanced, landscaped and located to provide a minimum distance of 40 feet from the menu board to the entrance to the stacking space.
c. The drive -thru lane and parking areas visible from a public street shall be screened from view by decorative screening devices that will be integrated into the overall landscape design. Such screenin g devices may include planters, berming, landscaping, or other screening acceptable to the Director of Community Development.
d. A drive-thru lane is not permitted adjacent to a parcel zoned for a residential use.
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e. Exterior doors on any children's play area shall be for emergency exit only. f. Outdoor dining/seating is permitted provided the parking standards of Table 30-314.A are met.
g. All new drive -thru restaurants shall have a solid decorative porte chochere above the drive -thru window. Existing dri ve-thru restaurants requesting modifications shall construct a porte chochere when sufficient space allows. a. A drive-through restaurant applicant shall provide a queuing study and plan for the business’s high volume periods, such as its grand opening. The applicant shall not queue any less than 15 vehicles.

b. The required queue area on site shall be measured from the forwardmost drive-up window to the entrance of the stacking space. The stacking space shall be located completely clear of any adjacent public right -of-way and all circulation aisles provided on site.

c. The queue area shall accommodate the morning or afternoon peak hour queue length for the facility. The peak queue length shall hold 25% of all vehicles arriving during the morning or afternoon peak hour, whichever time provides the highest stream of traffic. The peak queue length shall be calculated using a queuing study, provided by the applicant's engineer, based on the anticipated peak hour traffic count s from three similar sized restaurants, with similar operational profiles, from the same franchise, located near the project site, with similar land use, operation and building size. Twenty (20) feet shall be allocated for each queued vehicle.

d. The drive-thru lane and associated parking area(s) visible from a public street shall be screened from view by a landscape berm. If berming is physically impossible, a decorative wall with caps and pilasters shall be provided or a decorative wall with caps, pilasters, and trellis work shall be provided.

Additionally, a three-foot landscape hedge at the time of planting shall be provided in front of the wall for either scenario.

e. A drive -thru lane located adjacent to a parcel zoned for residential use is not permitted.

f. A line of sight from the public right of way shall be provided for a project that includes a drive-thru lane to demonstrate the screening devices used to screen the drive-thru lane and associated parking area(s).

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g. The menu board shall be enhanced, landscaped, and located at a minimum distance of 40 feet from the menu board to the entrance to the stacking space.

h. Exterior doors on any children's play area shall be for emergency exit only.

i. Indoor or outdoor dining/seating is required . The proposed number of indoor or outdoor seats must be approved by the Director of Planning . Outdoor seating areas shall be designed to be consistent with the architectural style of the drive-thru restaurant, shall be located near the main pedestrian entrance and shall include tables with seating, a trash receptacle, a low fencing enclosure, and a protective structure over the entire area.

j. The outdoor dining area may include a plaza, arcade, colonnades, or courtyard design.

k. All new drive-thru restaurants shall have a solid decorative porte cochere above the drive-thru window(s). Existing drive-thru restaurants may construct a porte cochere when sufficient space allows. The porte-cochere may encroach into the required setback and right-of-way up to a maximum of two feet.

l. Building entrances shall be oriented toward the street with drive-thru lanes, pick-up window, and off -street parking facilities oriented towards the rear or side yard areas to the extent feasible. Pick -up windows shall be located nea r the outdoor dining area to encourage walkability.

m. Architectural treatment shall include a variety of roof lines and wall projections on all elevations of the building. The architecture of the drive -through restaurant shall be compatible with the surrounding uses in form, materials, colors, scale, design, etc.

[Remaining text of Section 30-491(2) will remain, unmodified]

Sec. 30-361. Civic district.

The civic district consists primarily of civic and institutional uses and active and passive recreation areas.

Setback Building setback from PL
Front Side/Rear
Min.
(ft.)
Max.
(ft)
Min. (ft.)
i. Front Street 5 25* —
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ii. Side Street 0 15* —
iii. Side (Interior) — — 10
iv. Rear yard — — 10

* Required setbacks for civic buildings may be modified with Planning Commission approval.

Allowed
Building Types
Min Max.

Stories/ft. Lot W/D Stories/ft. Lot W/D
Flex 1/18 25/75 4/55 —
Liner 1/18 75/75 4/55 —
Frontage Coverage 50% minimum
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Required Parking
Non-Residential Uses 65% of cumulative parking requirements per FMC
Parking Placement: On -site above -ground parking and access shall be located in compliance with the following requirements:

Setback
Front street Min. 20 ft.

Side street Min. 5 ft.

Side interior 0 ft.

Rear property/rear alley 0 ft./min. ft.

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Frontage Types
• Forecourt
• Arcade
• Gallery
Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

Description Encroachment
Horizontal Vertical
Front St. Side Rear Side min. 8 ft.
clear Arcade,
gallery,
awning
min. 2 ft. clear of curb min. 5 ft.
from PL
N/A
Balcony 4 ft. max. min. 5 ft.
from PL Bay window 4 ft. max. on upper floors
only
Eave min. 2 ft. clear of curb min. 3 ft.
from PL
min. 3 ft.
from PL
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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

* Required setbacks for civic buildings may be modified with Planning Commission approval.

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.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Required Parking
Residential Uses Studio or 1 bedroom 1 space per unit 153
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2+ bedroom 1.5 spaces per unit
Non-Residential Uses No Parking Required
Parking Placement: On -site above -ground parking and access shall be located in compliance with the following requirements:

Setback
Front Street Min. 20 ft.

Side Street Min. 5 ft.

Side interior 0 ft.

Rear property/rear alley 0 ft./min. ft.

Frontage Types
• Forecourt
• Shopfront
• Arcade
• Gallery
• Stoop
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Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

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

* Required setbacks for civic buildings may be modified with Planning Commission approval.

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
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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.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Required Parking
Residential Uses Studio or 1 bedroom 1 space per unit 2+ bedroom 1.5 spaces per unit
Non-Residential Uses No parking required
Parking Placement: On -site above -ground parking and access shall be located in compliance with the following requirements:

Setback
Front Street Min. 20 ft.

Side Street Min. 5 ft.

Side interior 5 ft.

Rear property/rear alley 0 ft./min. ft.

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Frontage Types
• Forecourt
• Lightcourt
• Shopfront
• Arcade
• Gallery
• Stoop
Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

Description Encroachment
Horizontal Vertical
Front St. Side Rear Side min. 8 ft.
clear Arcade,
gallery,
awning
min. 2 ft. clear of curb min. 5 ft.
from PL
N/A
Balcony 4 ft. max.
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Bay window 4 ft. max. on upper floors
only
min. 5 ft.
from PL
Eave min. 2 ft. clear of curb min. 3 ft.
from PL
min. 3 ft.
from PL

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

* Required setbacks for civic buildings may be modified with Planning Commission approval.

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.
158
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Page 18 of 34 ends

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Required Parking
Residential Uses Studio or 1 bedroom 1 space per unit 2+ bedrooms 1.5 spaces per unit
Non-Residential Uses 65% of cumulative parking requirements per FMC (no parking required in downtown)
Parking Placement: On -site above -ground parking and access shall be located in compliance with the following requirements:

Setback
Front Street Min. 30 ft.

Side Street Min. 10 ft.

Side interior 5 ft.

Rear property/rear alley Min. 5 ft.

Frontage Types
• Forecourt
• Stoop
159
Ordinance CC No. 2024-_____

Page 19 of 34 ends

• Porch
• Shopfront
• Dooryard
Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

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

* Required setbacks for civic buildings may be modified with Planning Commission approval.

Allowed
Building Types
Min Max.

Stories/ft. Lot W/D Stories/ft. Lot W/D
Flex 1/30 25/100 4/60 400/150
160
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Page 20 of 34 ends

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.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Required Parking
Residential Uses Studio or 1 bedroom 1 space per unit 2+ bedrooms 1.5 spaces per unit
Non-Residential Uses 65% of cumulative parking requirements per FMC Parking Placement: On -site above -ground parking and access shall be located in compliance with the following requirements:

Setback
Front Street Min. 20 ft.

Side Street Min. 5 ft.

Side interior 0 ft.

Rear property/rear alley 0 ft./min. ft.

161
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Page 21 of 34 ends

Frontage Types
• Forecourt
• Storefront
• Arcade
• Gallery
• Stoop
Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

Page 22 of 34 ends

Eave min. 2 ft. clear of curb min. 3 ft.
from PL
min. 3 ft.
from PL

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

* Required setbacks for civic buildings may be modified with Planning Commission approval.

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
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Hotels may be allowed to a maximum of seven stories and 90 feet in height.

Required Parking
Residential Uses Studio or 1 bedroom 1 space per unit 163
Ordinance CC No. 2024-_____

Page 23 of 34 ends

2+ bedrooms 1.5 spaces per unit
Non-Residential Uses 65% of cumulative parking requirements per FMC Parking Placement: On -site above -ground parking and access shall be located in compliance with the following requirements:

Setback
Front Street Min. 20 ft.

Side Street Min. 5 ft.

Side interior 0 ft.

Rear property/rear alley 0 ft./min. ft.

Frontage Types
• Forecourt
• Lightcourt
• Storefront
• Arcade
• Gallery
164
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Page 24 of 34 ends

• Stoop
Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

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

* Required setbacks for civic buildings may be modified with Planning Commission approval.

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
165
Ordinance CC No. 2024-_____

Page 25 of 34 ends

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.

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Hotels may be allowed to a maximum number of seven stories and 90 feet in height.

Setback
Front Street Min. 20 ft.

Side Street Min. 5 ft.

Side interior 0 ft.

Rear property/rear alley 0 ft./min. ft.

166
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Page 26 of 34 ends

Frontage Types
• Forecourt
• Storefront
• Arcade
• Gallery
Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

Page 27 of 34 ends

Eave min. 2 ft. clear of curb min. 3 ft.
from PL
min. 3 ft.
from PL

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

* Required setbacks for civic buildings may be modified with Planning Commission approval.

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.

168
Ordinance CC No. 2024-_____

Page 28 of 34 ends

W = Building lot width along primary frontage; D = Building lot depth perpendicular to primary frontage.

Setback
Front Street Min. 20 ft.

Side Street Min. 5 ft.

Side interior 0 ft.

Rear property/rear alley 0 ft./min. ft.

Frontage Types
• Forecourt
• Storefront
• Arcade
169
Ordinance CC No. 2024-_____

Page 29 of 34 ends

• Gallery
• Stoop
• Porch
• Dooryard
Encroachments: Buildings, architectural features, and signs may encroach into the required setbacks and right-of-way subject to the following requirements:

Sec. 30-371.2. Sierra core.

The Sierra core is the commercial core of Fontana and functions as the city center.

Uses include a mixture of commercial, retail, entertainment, office, and residential.

Building placement shall be close to the streets and integrated within the pedestrian realm. Architectural features should provide shade and variation in building design.

Capacity
Min. Max.

Residential or mixed-use density 24 DU/Ac 70 DU/Ac
Commercial FAR (retail and restaurants) Refer to Sec.
30-405 for
frontages that
require ground
floor
commercial

2.0 170
Ordinance CC No. 2024-_____

Page 30 of 34 ends

Setbacks
Min. (ft.) Max. (ft.)
Front Street 0 10
171
Ordinance CC No. 2024-_____

Page 31 of 34 ends

Side Street 0 10
Side (Interior) 0 —
Rear Yard 5 —
Stepback* 10 —
* Applies to rear and side (interior) at 35' high, when adjacent to the neighborhood core.

Building Height
Frontage Coverage 80% min.

Height** 35' max.
55' max. within 75' of side street property
line
70' max. with min. 75' stepback from side
street and 15' from Sierra Ave Property
Line.*
Ground Floor Commercial Height** 12 ft. Min.
 The maximum height along Sierra Ave may be increased to 45’ and to 70’ along the side street stepbacks for projects that provide a rooftop amenity. The rooftop amenity must be located along a street frontage with a maximum height of 45’ and minimum width of 15’.

[Remaining text of 30-371.2 will remain, unmodified]

Sec. 30-372. Duplex, multiplex.

Description: The duplex building type is a small - to medium -sized structure that consists of two side-by-side or stacked dwelling units, both facing the street, and within a single building massing. This type has the appearance of a medium to large single-family home and is appropriately scaled to fit within primarily single -family neighborhoods or medium-density neighborhoods. It enables appropriately -scaled, well -designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

The multiplex is a medium structure that consists of three —six side-by-side and/or stacked dwelling units, typically with one shared entry or individual entries along the front.

This type has the appearance of a medium-sized family home and is appropriately scaled to fit sparingly within primarily single -family neighborhoods or into medium -density neighborhoods. This type enables appropriately -scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

Allowed In: Transitional, Multi-Family & Village

172
Ordinance CC No. 2024-_____

Page 32 of 34 ends

Lot Size: Width: 50 ft. min.

Depth: 100 ft. min.

Pedestrian
Access:

Main entrance location: Primary street

Vehicle
Access &
Parking:

On corner lots, each lot shall front a separate street Parking spaces may be enclosed, covered, or open.

Frontages:

Porch
Stoop
Dooryard

Private Open
Space:

Minimum width: 8 ft.

Minimum depth: 8 ft.

Minimum area: 64 sq. ft.

Building Size
& Massing:

Length along frontage: 36 ft. max. for duplex and
350 ft. max. for multiplex
Length along side yard: 80 ft. max. 200 ft. max.

[Remaining text of 30-372 to remain, unmodified]

Sec. 30-374. Rowhouse.

Description: A small - to medium -sized building comprised of five or more attached dwelling units arrayed side by side., with Tthe ground floor can be raised above grade in order to provide privacy for ground floor rooms. The primary building should sit at the front of the property, with the garage at the rear, separated from the primary building by a rear yard. Each dwelling unit is directly accessed from the front yard/street or walking path leading to the street. This The Rowhouse type is typically located within medium-density neighborhoods or in a location that transitions from a primarily single-family neighborhood into a neighborhood main street. This type enables appropriately -scaled, well-designed higher densities and is important for providing a bro ad choice of housing types and promoting walkability.

[Remaining text of 30-374 to remain, unmodified]

173
Ordinance CC No. 2024-_____

Page 33 of 34 ends

Sec. 30-381. Porch.

In the porch frontage type, the main facade of the building is set back from the frontage line. The resulting front yard can be is defined by a low wall or fence to spatially maintain the edge of the street, and is covered by a patio. A projecting porch uses part of the front yard space for a porch that is open on three sides above the low wall or fence .

The engaged porch has two adjacent sides of the porch that are attached to the building while the other two sides are open.

Size
Width 8 ft. min.

Depth 6 ft. min.

Height 8 ft. min.

Finish level above sidewalk (Optional) 18 in. min.

Path of travel 3 ft. wide min.

Design Standard
Porches must be open on at least two sides and have a roof.

(Ord. No. 1923, § 5(Exh. A), 9-12-23)

Sec. 30-404.1. Downtown core open space requirements.

Common Open Space Required
Amenities Required
174
Ordinance CC No. 2024-_____

Page 34 of 34 ends

Developers shall provide on-site recreational facilities as a minimum requirement for all multi-family projects.
(1) Development with less than 35 units shall provide a minimum of 10 percent of the project lot area as common open space (private open space that exceeds the minimum may be counted towards the common open space requirement) and shall provide one of the follo wing recreational facilities, or equivalent, as approved by the Director of Planning:
a. Indoor gym/fitness facility (minimum 500 square feet). b. Tot-lot with multiple play equipment.
c. Spa and pool (minimum 25 yard by 15 yards).
d. Barbecue facility equipped with built-in grill, picnic benches, etc. (minimum of three areas).
[Remaining text of 30-404.1 to remain, unmodified]

175

NOTICE OF EXEMPTION

TO: Clerk of the Board of Supervisors
County of San Bernardino
385 N. Arrowhead Avenue, 2nd Floor
San Bernardino, CA 92415-0130
FROM:

City of Fontana
Planning Department
8353 Sierra Avenue
Fontana, CA 92335

Project Title: Master Case No. 24-044
Municipal Code Amendment No. 24-003

Project Location - Specific: Citywide
(a) Project Location - City: Fontana, CA
(b) Project Location - County: San Bernardino

1. Description of nature, purpose, and beneficiaries of Project: Municipal Code Amendment No. 24- 003 - Fontana Municipal Code amendment to Chapter 30 (Zoning and Development Code)

2. Name of Public Agency approving project: City of Fontana

3. Name of Person or Agency carrying out project: City of Fontana

4. Exempt status: (Check one)
(a) _____ Ministerial project.
(b) _____ Not a project.
(c) _____ Emergency Project.
(d) __X__ Categorical Exemption. State type and class number: Exempt under guidelines section 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. (e) _____ Declared Emergency.
(f) _____ Statutory Exemption. State Code section number: _______________________ (g) _____ Other. Explanation: _______________________________________________

5. Reason why project was exempt: This project is a citywide code update to Chapter 30 of the Fontana Municipal Code. There is no associated development with this project.

6. Contact Person: Salvador Quintanilla, Senior Planner Telephone: (909) 350-6566

Date Received for Filing: __________________________________ DiTanyon Johnson
Principal Planner
(Clerk Stamp Here)

ATTACHMENT NO. 2
176

NOTICE OF PUBLIC HEARING

In compliance with Section No. 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting.

A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:

Master Case No. 24-019 (24-044) and Municipal Code Amendment No. 24-001 (24-003): Update to the City of Fontana Municipal Code to amend to Chapter 30 (Zoning and Development Code). The Chapter 30 amendments include modifications to Section 30-491 to modify requirements for drive-thru restaurants; Sections 30 -361 through 30 -363 and 30 -366 through 30 -370 to provide for modified setbacks for civic buildings; Section 30 -371.2 to increase building heights in connection with rooftop amenities in the Sierra Core District of the Form Based Code; Section 30 -372 to increase maximum building length for duplex and multiplex building types in the Form Based Code; Section 30 -374 to modify language related to ground floor entries for Rowhouses in the Form Based Code; Section 30- 381 to modify language related to porch frontage types; and Section 30 -404.1 to modify amenity requirements for multi-family development project s in the Downtown Core of the Form Based Code , and pursuant to a Categorical Exemption in accordance with CEQA Guidelines Sections 15060(C) , 15061(B)(3), and Section 15378.

Environmental
Determination:

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.

Location: Citywide
Date of Hearing: June 18, 2024
Place of Hearing: City Hall Council Chambers, 8353 Sierra Avenue, Fontana, CA, 92335 Time of Hearing: 7 6:00 pm
Should you have any questions concerning this project, please contact Salvador Quintanilla, Senior Planner, at (909) 350-6656 or [email protected]

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION . A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION. PLEASE CONTACT THE PLANNER LISTED ABOVE.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM, YOU MAY BE LIMITED

TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

177

Publish: June 8, 2024
S.B. Sun Newspaper

AVISO DE AUDIENCIA PÚBLICA
En cumplimiento con la Sección No. 202 de la Acta de Americanos con Discapacidades de 1990 (42 USC Sec. 12132) y las reglas y regulaciones federales adoptadas en la implementación de esta, la agenda de esta audiencia estará disponible en formatos alternativos apropiados para las personas con una discapacidad. Si necesita asistencia especial para participar en esta audiencia, comuníquese con el Departamento de la Secretaria Municipal llamando al (909) 350 -7602. La notificación deberá realizarse 48 horas antes de la audiencia para permitir que la Ciudad haga arreglos razonables para garantizar la accesibilidad a esta audiencia.

SE HA PROGRAMADO UNA AUDIENCIA PÚBLICA ANTE LA COMISION DE PLANIFICACION DE LA CIUDAD DE FONTANA PARA LO SIGUIENTE:

MCN No. 24-019 (24-044) and MCA No. 24-001 (24-003): : Actualización al Código Municipal de Fontana para enmendar el Capítulo 30 (Código de Zonificación y Desarrollo). Las enmiendas al Capítulo 30 incluyen modificaciones a la Sección 30-491 para ajustar los requisitos de los restaurantes con servicio en auto; las Secciones 30-361 a 30-363 y 30-366 a 30-370 para establecer distancias modificadas para edificios cívicos; la Sección 30-371.2 para aumentar la altura de los edificios en relación con las comodidades en las azoteas en el “Sierra Core District of the Form Based Code”; la Sección 30-372 para aumentar la longitud máxima de los edificios para tipos de construcción dúplex y multiplex en el “Form Based Code”; la Sección 30-374 para modificar el lenguaje relacionado con las entradas en la planta baja para casas adosadas en el “Form Based Code”; la Sección 30-381 para modificar el lenguaje relacionado con los tipos de fachadas de porches; y la Sección 30-404.1 para modificar los requisitos de comodidades para proyectos de desarrollo multifamiliar en el “Downtown Core of the Form Based Code”, y de conformidad con una Exención Categórica de acuerdo con las Pautas de CEQA, Secciones 15060(C), 15061(B)(3) y Sección 15378.

Determinación Ambiental:

Se ha determinado que este proyecto está exento de conformidad con las Normas de la Ley de Calidad Ambiental de California (CEQA), Secciones 15060(c), 15061(B)(3) (la exención del sentido común), y 15378 y las Secciones No. 3.01, 3.22, y 10.59 de las Normas Locales de 2019 para la Implementación de CEQA .

Ubicación de la Propiedad : En Toda la Ciudad

Fecha de Audiencia: 18 de junio de 2024

Lugar de Audiencia: Ayuntamiento de la Ciudad de Fontana, 8353 Sierra Avenue, Fontana, CA 92335

Hora de Audiencia: 6:00 p.m.

Si tiene alguna pregunta sobre este proyecto, comuníquese al (909) 350-6728 o por correo electrónico a [email protected].

Cualquier persona o grupo interesado en aportar información lo puede hacer mediante una carta o correo electrónico dirigido a El Consejo Municipal. La solicitud y la documentación Ambiental esta disponible para inspección en las Oficinas de Ayuntamiento de la Ciudad de Fontana.

Si usted contradice ante el tribunal cualquier acción tomada con respecto a un tema de la Audiencia Pública, usted puede estar limitado a plantear solamente aquellas cuestiones que usted o alguien mas planteo en la Audiencia Publica mencionada en este aviso o por correspondencia escrita a la Ciudad de Fontana antes de la fecha de la Audiencia establecida en este aviso. 178
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3140 Agenda Date: 7/9/2024
Agenda #: A. Category: New Business
FROM:

Development Services
SUBJECT:

Resolutions to Place Measure on the November 5, 2024 General Municipal Election Ballot to Enact a General Transactions and Use Tax (Sales Tax) at the Rate of One Percent (1%); To Consolidate the General Municipal Election with the Statewide General Election, and to Set the Deadline and Rules for Primary Arguments and Rebuttal Arguments Regarding the Measure.

RECOMMENDATION:

1. Adopt Resolution No. 2024-057, A Resolution of the City Council of the City of Fontana, California calling for the placement of a general tax measure on the ballot for the November 5, 2024 general municipal election for the submission to the qualified voters of an ordinance to enact a general transactions and use tax (sales tax) at the rate of one percent (with tax ordinance included).

2. Adopt Resolution No. 2024-058, A Resolution of the City Council of the City of Fontana, California, requesting the Board of Supervisors of the County of San Bernardino to consolidate a general municipal election to be held on November 5, 2024 with the statewide general election to be held on that date pursuant to §10403 of the Elections Code.

3. Adopt Resolution No. 2024-059, A Resolution of the City Council of the City of Fontana, California, providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding a City measure to be submitted on the November 5, 5054 general municipal election.

COUNCIL GOALS:
· To practice sound fiscal management by emphasizing capital formation. · To improve public safety by maximizing fire and emergency medical service resources. · To improve public safety by minimizing community impact from disaster events with emergency and disaster preparedness and community awareness · To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.
· To increase citizen involvement by seeking community input. · To increase citizen involvement by promoting healthy lifestyle opportunities to Fontana City of Fontana Printed on 7/3/2024Page 1 of 2
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File #: 21-3140 Agenda Date: 7/9/2024
Agenda #: A. Category: New Business
· To increase citizen involvement by promoting healthy lifestyle opportunities to Fontana residents of all ages.

DISCUSSION:

Pursuant to California Revenue and Taxation Code section 7285.9, a City is authorized to levy a Transactions and Use (Sales) Tax (TUT) for general purposes, subject to the approval, by a majority vote, of the electorate pursuant to Article XIIIC, section 2 of the California Constitution (“Proposition 218”). Staff is proposing that the Council place a 1 percent general TUT on the ballot. If implemented, the TUT is estimated to produce $46,000,000 in sales tax annually that could be used to fund, or help fund, many general City services including maintaining 911 response, fire/police protection; recruiting/retaining well-trained police officers; helping prevent property crimes/thefts/burglaries; keeping public areas/parks safe/clean; addressing homelessness; protecting local drinking water sources; repairing streets/potholes.

To implement the one percent (1%) TUT, the City must first place the measure on the ballot for the November 5, 2024 General Election to give City voters the opportunity to vote on the measure. In order to place a tax measure on the November 5, 2024 ballot, the City Council must approve the submission of the measure to the voters by a 2/3 vote of the City Council (at least four affirmative votes). If adopted by majority vote of the electorate, the attached tax ordinance will be added to the municipal code to establish the aforementioned TUT.

FISCAL IMPACT:

Potential $46,000,000 in annual additional revenue that could go towards general City purposes.

The estimated cost for an election is based on the number of registered voters. Once the election is conducted, the County Registrar of Voters’will submit the actual costs associated with the election, which could come in higher or even lower than the estimated costs. Staff has budgeted $154,000.00 in the Fiscal Year 2024/25 Proposed Operating Budget in account #10122000-8130. The statutory maximum amount of these costs shall not exceed $175,000, however the “start-up”cost is usually much less than that. CDTFA will also assess an annual administration fee that is typically a fraction of one percent of revenue collected. All other funding from the tax will be remitted to the City and remain under local control to fund City services and programs.

MOTION:

Approve staff’s recommendation
ATTACHMENTS:

1. Resolution No. 2024-057 calling for the placement of a general tax measure on the ballot for the November 5, 2024 general municipal election for the submission to the qualified voters of an ordinance to enact a general transactions and use tax (sales tax) at the rate of one percent.

2. Resolution No. 2024-058 requesting the Board of Supervisors of the County of San Bernardino to consolidate a general municipal election to be held on November 5, 2024 with the statewide general election to be held on that date pursuant to §10403 of the Elections Code.

3. Resolution No. 2024-059 providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding a City measure to be submitted on the November 5, 2024 general municipal election.

City of Fontana Printed on 7/3/2024Page 2 of 2
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RESOLUTION NO. 2024-057

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA CALLING FOR THE PLACEMENT OF A GENERAL TAX
MEASURE ON THE BALLOT FOR THE NOVEMBER 5, 2024 GENERAL

MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED

VOTERS OF AN ORDINANCE TO ENACT A GENERAL TRANSACTIONS
AND USE TAX (SALES TAX) AT THE RATE OF ONE PERCENT (1%)

WHEREAS, the City of Fontana (“City”) provides a variety of community services for residents, including public safety, public works, keeping parks safe and clean, providing youth recreation programs, and more; and

WHEREAS, funding for public safety services like police, fire, 9 -1-1 emergency response and other city services has remained relatively flat while costs have increased; and

WHEREAS, independent engineers rated over 20% of Fontana’s streets as “very poor,” “poor,” or “marginal” and their condition has worsened this winter; and

WHEREAS, the City of Fontana (“City”) is authorized to levy a Transactions and Use Tax (“TUT”) for general purposes pursuant to California Revenue and Taxation Code section 7285.9, subject to approval by a majority vote of the electorate pursuant to Article XIIIC, section 2 of the California Constitution (“Proposition 218”); and

WHEREAS, pursuant to California Elections Code section 9222, the City Council has authority to place local measures on the ballot to be considered at a Municipal Election; and

WHEREAS, the City Council would like to submit to the voters at the November 5, 2024 General Municipal Election a measure establishing the rate of the TUT of one percent (1%) on the sale and/or use of all tangible personal property sold at retail in the City until it is repealed by voters, as more specifically set forth in the attached proposed o rdinance adding Article XI to Chapter 10 of the City’s Municipal Code; and

WHEREAS, the TUT of one percent (1%) is a general tax, the revenue of which will be placed in the City’s general fund and will be used to pay for general City services; and

WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218, an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and

WHEREAS, pursuant to Proposition 218 (California Constitution, Article XIIIC, section 2(b)), the general rule is that any local election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members 181

of the governing body of the local government; and

WHEREAS, the next regularly scheduled general election at which City Council members will be elected is November 5, 2024; and

WHEREAS, pursuant to Government Code section 53724 and Revenue and Taxation Code section 7285.9, a two-thirds (2/3) vote of all members of the City Council is required to place the Measure on the November 5, 2024 ballot; and

WHEREAS, the ordinance to be considered by the qualified voters and the terms of approval, collection and use of the general TUT are described and provided for in the ordinance/measure attached hereto as Exhibit “A” (the “Measure”) and by this reference made an operative part hereof, in accordance with all applicable laws.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FONTANA:

Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this Resolution.

Section 2. Submission of Ballot Measure. Pursuant to California Elections Code section 9222, Government Code section 53724, Revenue and Taxation Code section 7285.9 and any other applicable requirements of the laws of the State of California relating to the City, the City Council, by a two-thirds (2/3) vote of all members, hereby orders the Measure to be submitted to the voters of the City at the General Municipal Election to be held on Tuesday, November 5, 2024.

Section 3. The City Council, pursuant to California Elections Code section 9222, hereby orders that the ballot question for the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the General Municipal Election to be held on Tuesday, November 5, 2024, in addition to any other matters required by law, there shall be printed substantially the following ballot question:
“CITY OF FONTANA SALES TAX MEASURE.

Shall the measure providing funding for the City of Fontana’s general government use, such as maintaining 911 response, fire/police protection; recruiting/retaining well-trained police officers; helping prevent property
crimes/thefts/burglaries; keeping public areas/parks safe/clean; addressing homelessness; protecting local drinking water sources; repairing streets/potholes by establishing a 1% sales tax providing approximately $46,000,000 annually until ended by voters; requiring audits, spending disclosure, all funds locally controlled, be adopted?”

YES
NO
182

Section 4. Conduct of Election. The City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 5. Pursuant to Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure, and transmit such impartial analysis to the City Clerk not later than the deadline for submittal of primary arguments for or against the measure.

The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Meas ure _____. If you desire a copy of the ordinance or measure, please call the Office of the City Clerk at (909) 350-7655 and a copy will be mailed at no cost to you.”

Section 6. Notice of the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

Section 7. Placement on the Ballot. The full text of the Measure shall not be printed in the voter information guide, and a statement shall be printed on the ballot pursuant to Elections Code section 9223 advising voters that they may obtain a copy of this Resolution and the Measure, at no cost, upon request made to the City Clerk.

Section 8. Filing with County. The City Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on Tuesday, November 5, 2024, file with the Board of Supervisors and the Registrar of Voters of the County of San Bernardino, State of California, a certified copy of this Resolution.

Section 9. Public Examination. Pursuant to Elections Code section 9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.

Section 10. The City Council hereby finds and determines that the Measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the 183

meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).

Section 11. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity.

Section 12. This Resolution shall become effective upon its adoption.

Section 13. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 9th day of July 2024.

READ AND APPROVED AS TO LEGAL FORM:

_________________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, California, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting held on the 9th day of July, 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
184

Exhibit “A”
Transactions and Use Tax Ordinance

[attached behind this page]
185

ORDINANCE NO. ____

AN ORDINANCE OF THE PEOPLE OF THE CITY OF FONTANA,
CALIFORNIA, ADDING ARTICLE XI TO CHAPTER 10 OF THE
FONTANA MUNICIPAL CODE TO ENACT A ONE PERCENT (1%)

GENERAL TRANSACTIONS AND USE TAX (SALES TAX) TO BE

ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION

WHEREAS, pursuant to California Revenue and Taxation Code section 7285.9 the City of Fontana (“City”) is authorized to levy a Transactions and Use Tax for general purposes, subject to majority voter approval; and

WHEREAS, the People of the City desire to add Article XI to Chapter 10 of the Fontana Municipal Code establishing a general Transactions and Use Tax (“TUT”) until ended by voters, on the sale and/or use of all tangible personal property sold at retail in the City, at a rate of one percent (1%).

NOW, THEREFORE, THE PEOPLE OF THE CITY OF FONTANA DO
HEREBY ORDAIN AS FOLLOWS:

Section 1. Title and Text. This Ordinance shall be known as the “ Fontana General Transactions and Use Tax”, the full text of which is set forth in Attachment “1”, attached hereto and incorporated herein by reference.

Section 2. Approval by the City Council. Pursuant to California Government Code section 53724 and Revenue and Taxation Code section 7285.9, this Ordinance was duly approved for placement on the ballot by a minimum two-thirds (2/3) supermajority of all members of the City Council on July 9, 2024.

Section 3. Approval by the Voters. Pursuant to California Elections Code section 9217, this Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible voters of the City of Fontana voting at the General Municipal Election of November 5, 2024. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.

Section 4. Operative Date. “Operative Date” for the Transactions and Use Tax means the first day of the first calendar quarter commencing more than 110 days after the date this Ordinance is adopted, as set forth in Section 3 above.

Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

186

APPROVED AND ADOPTED this 5th day of November, 2024

READ AND APPROVED AS TO LEGAL FORM:

____________________________________
City Attorney

I hereby certify that the Fontana General Transactions and Use Tax Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Fontana on the 5th day of November, 2024.

____________________________________
City Clerk of the City of Fontana

_____________________________________
Mayor of the City of Fontana

ATTEST:

______________________________________
City Clerk

187

Article XI – GENERAL TRANSACTIONS AND USE TAX

Sections:
10-360 - Title.
10-361 - Purpose.
10-362 - Contract With State.
10-363 - Transactions Tax Rate.
10-364 - Place of Sale.
10-365 - Use Tax Rate.

10.366 - Adoption of Provisions of State Law.

10.367 - Limitations on Adoption of State Law and Collection of Use Taxes. 10-368 - Permit Not Required.
10-369 - Exemptions and Exclusions.

10.370 - Amendments.

10.371 - Enjoining Collection Forbidden.

10.372 - Duration of Tax

Sections:

10-360. – Title.

This ordinance shall be known as the “City of Fontana General Transactions and Use Tax Ordinance”. The City of Fontana hereinafter shall be called “City.” This ordinance shall be applicable in the incorporated territory of the City.

10-361. – Purpose.

This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

188

C. To adopt a retail transactions and use tax ordinanc e that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation fro m, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance t hat can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record -keeping upon persons subject to taxation under the provisions of this ordinance.

10-362. - Contract With State.

Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operati ve date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

10-363. - Transactions Tax Rate.

For the privilege of selling tangible per sonal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent ( 1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

10-364. - Place of Sale.

For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out -of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rul es and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

189

10-365. - Use Tax Rate.

An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purch ased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one percent (1%) of the sales price of the property. The sales price shall include delivery charges when such c harges are subject to state sales or use tax regardless of the place to which delivery is made.

10-366. - Adoption of Provisions of State Law.

Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

10-367. - Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word “State” is used as a part of the tit le of the State Controller, State Treasurer, California Victim Compensation Board, California Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:

a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State 190

under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;

b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In reference to Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word “city” shall be substituted for the word “state” in the phrase “retailer engaged in business in this state” in Section 6203 of the Revenue and Taxation Code and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

10-368. - Permit not Required.

If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this Ordinance.

10-369 - Exemptions and Exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state -administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

191

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:

a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 400 0) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out -of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and

b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this subsection, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state -administered transactions and use tax ordinance.

2. Other than fuel or petroleum products pu rchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity 192

issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obl igated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Ordinance.

5. For the purposes of subparagraphs (3) and (4) of this subsection, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collec t use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the orde r, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Uti lities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for, a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
193

10-370. - Amendments.

All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Ordinance.

10-371. - Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

10-372. – Duration of Tax.

The tax imposed by this chapter shall continue until this ordinance is repealed.

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RESOLUTION 2024-058

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 WITH

THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO §10403 OF THE ELECTIONS CODE

WHEREAS, on July 9 , 202 4, the City Council of the City of Fontana adopted Resolution No. 2024-059, calling a General Municipal Election to be held on November 5, 2024; for the purpose of submitting to the voters the question relating to the General Transactions and Use Tax; and

WHEREAS, it is therefore desirable that the General Municipal El ection be consolidated with the Statewide General Election to be held on the same da te and that within the City the precincts, polling places and election officers of the two elections be the same, and that the election department of the County of San Bernardino canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Request for Consolidation. Pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of submitting to the voters the following question relating to the Transactions and Use Tax.

Section 2. Measure Language. A measure is to appear on the ballot as follows:

“CITY OF FONTANA SALES TAX MEASURE.

Shall the measure providing funding for the City of Fontana’s general government use, such as maintaining 911 response, fire/police protection; recruiting/retaining well-trained police officers; helping prevent property
crimes/thefts/burglaries; keeping public areas/parks
safe/clean; addressing homelessness; protecting local
drinking water sources; repairing streets/potholes by
establishing a 1% sales tax providing approximately
$46,000,000 annually until ended by voters; requiring audits, spending disclosure, all funds locally controlled, be adopted?”

Yes

No
195

Section 3. Canvass of Returns . The County election department is authorized to canvass the returns and perform all other proceedings incidental to and connected with the General Municipal Election. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

Pursuant to California Elections Code Sections 10403 and 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election.

Section 4. Necessary Steps. The Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding of the consolidated election.

Section 5. Costs. The City Council determines and declares that the City will pay to the County the reasonable and actual expenses incurred by the County by the consolidation of the General Municipal Election with the Statewide General Election.

The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. The City Manager of the City of Fontana is authorized and directed to pay for the expenses incurred after receiving a statement from the County of San Bernardino.

Section 6. Filing of Resolution. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the election department of the County of San Bernardino.

Section 7. Certification. The Ci ty Clerk shall c ertify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

APPROVED AND ADOPTED this 9th day of July 2024.

READ AND APPROVED AS TO LEGAL FORM:

_________________________________
City Attorney

AYES:

NOES:

ABSENT:

ABSTAIN:
196

__________________________________________
City Clerk of the City of Fontana

__________________________________________
Mayor of the City of Fontana

ATTEST:

__________________________________________
City Clerk

197

RESOLUTION NO. 2024-059

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, PROVIDING FOR THE FILING OF PRIMARY AND

REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF

WRITTEN ARGUMENTS REGARDING A C ITY MEASURE TO BE
SUBMITTED AT THE NOVEMBER 5, 2024 GENERAL MUNICIPAL

ELECTION

WHEREAS, a General Municipal Election is to be held in the City of Fontana, California on November 5, 2024 , at which there will be submit ted to the voters the following measure:

“CITY OF FONTANA SALES TAX MEASURE.

Shall the measure providing funding for the City of Fontana’s general government use, such as maintaining 911 response, fire/police protection; recruiting/retaining well-trained police officers; helping prevent property
crimes/thefts/burglaries; keeping public areas/parks
safe/clean; addressing homelessness; protecting local
drinking water sources; repairing streets/potholes by
establishing a 1% sales tax providing approximately
$46,000,000 annually until ended by voters; requiring audits, spending disclosure, all funds locally controlled, be adopted?”

Yes

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Primary Arguments. That the City Council authoriz es (i) the City Council or any member(s) of the City Council, (ii) a ny individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations , to file a written argument in favor of or against the City measure, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California , and to change the argument until and including the date fixed below by the City Clerk , after which no arguments for or against the City measure may be submitted to the City Clerk.

The deadline to submit arguments for or against the City Measure pursuant to this Resolution is declared by the City Cle rk to be August 19, 2024, at 12 p.m. Each argument shall not exceed 300 words and shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an org anization, the na me of the organization, and the printed 198

name and signature of at least one of its principal officers who is the author of the argument.

Section 2. Rebuttal Arguments. Pursuant to Section 9285 of the Elections Code of the State of California, when the City Clerk has selected the primary arguments for and against the City Measure which will be printed and distributed to the voters, the Clerk shall send copies of the primary argument in favor of the Measure to the authors of the primary arg ument against, an d copies of the primary argument against to the authors of the primary argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed w ith the City Cler k not later than August 23, 2024, at 5 p.m.

Rebuttal arguments shall be printed in the same manner as the primary arguments.

Each rebuttal argument shall immediately follow the primary argument which it seeks to rebut.

Section 3. Prior Resolutions. That all previous resolutions providing for the filing of primary and rebuttal arguments related to City measures are repealed.

Section 4. November 5, 2024 Election. That the provisions of Sections 1 and 2 shall apply only to the election t o be held on November 5, 2024 , and shall then be repealed.

Section 5. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions.

APPROVED AND ADOPTED this 9th day of July 2024.

READ AND APPROVED AS TO LEGAL FORM:

_________________________________
City Attorney

AYES:

NOES:

ABSENT:

ABSTAIN:

199

__________________________________________
City Clerk of the City of Fontana

__________________________________________
Mayor of the City of Fontana

ATTEST:

__________________________________________
City Clerk

200

Fontana City CouncilJuly 9, 2024

Fontana City Council
July 9, 2024