RESOLUTION PC NO. 2024-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING, PURSUANT TO THE CERTIFIED FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT PROGRAM (SCH NO. 2023050271) AND APPROVED MITIGATION MONITORING AND REPORTING FOR THE NEW WALNUT VILLAGE SPECIFIC PLAN PROJECT, GENERAL PLAN AMENDMENT NO. 22-012 (GENERAL PLAN AMENDMENT CYCLE NO. 2 OF 2024), AMENDING EXHIBIT 15.8 OF GENERAL PLAN CHAPTER 15 (LAND USE, ZONING, AND URBAN DESIGN) TO CHANGE THE LAND USE DESIGNATION FROM COMMUNITY COMMERCIAL (C-C) TO MULTI-FAMILY MEDIUM TO HIGH DENSITY RESIDENTIAL (R-MFMH) FOR APPROXIMATELY 7 ACRES (APNS: 0240-121-17, -21 AND -23), FROM RESIDENTIAL PLANNED COMMUNITY (R-PC) TO MULTI-FAMILY HIGH DENSITY RESIDENTIAL (R-MFH) FOR APPROXIMATELY 34 ACRES (ASSESSOR PARCEL NUMBERS: 0240-141-01, -03, -05, -06, -07, -08, -15, -18, -19, -20, -21, -22, -23, -24, -25, -27, -29, -30, -33, -34, -35, -37, AND -38 AND 0240-132-07, -08, -09, -10, -11, -12, -13, -14, -16, -17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27, -28, -29, -31, -32, -33, -34, -35, FROM COMMUNITY COMMERCIAL (C-C) TO RESIDENTIAL PLANNED COMMUNITY (R-PC) FOR APPROXIMATELY 1.93 ACRES (APN: 0240-361-41) AND FROM RESIDENTIAL PLANNED COMMUNITY (R-PC) TO MULTI-FAMILY RESIDENTIAL (R-MF) FOR APPROXIMATELY 8.75 ACRES (ASSESSOR PARCEL NUMBERS: 0240-161-29, -33, -35, -36, -37, AND -38) AND TO REMOVE THE AUTO CENTER OVERLAY FROM 7 ACRES (ASSESSOR PARCEL NUMBERS: 0240-121-19, -21, AND -23) IN THE WALNUT VILLAGE SPECIFIC PLAN WHEREAS, Assessor Parcel Numbers (“APNs”) 0240-121-17, -21 and -23, 0240-141-01, -03, -05, -06, -07, -08, -15, -18, -19, -20, -21, -22, -23, -24, -25, -27, -29, -30, -33, -34, -35, -37 and -38, 0240-132-07, -08, -09, -10, -11, -12, -13, -14, -16, -17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27, -28, -29, -31, -32, -33, -34, -35, and 0240-161-29, -33, -35, -36, -37, and -38 (“Project Site”) were annexed from San Bernardino County and incorporated into the City of Fontana on October 16, 1980 and October 10, 1981; and WHEREAS, the most recent edition of the City of Fontana General Plan was adopted by the Fontana City Council (the “City Council”) on November 13, 2018; and WHEREAS, in 1983, the Walnut Village Specific Plan was adopted and exclusively provided for single-family residential uses; and WHEREAS, the Walnut Village Specific Plan was amended multiple times to shift from the exclusively single family residential land use to include additional land uses such as commercial use and parks; and WHEREAS, On June 9, 2020, the City of Fontana (“City”) was awarded the Local Early Action Planning (“LEAP”) Grant program funds in the amount of $500,000 by the Department of Housing and Community Development to complete work on a new specific plan for Walnut Village which is generally located south of the 210 freeway, east of Sierra Avenue, west of Palmetto Avenue and north of Baseline Avenue; and WHEREAS on December 4, 2020, the City initiated an amendment to the Walnut Village Specific Plan; and WHEREAS, on February 28, 2023, the Fontana Planning Commission (“Planning Commission”) and the City Council held a joint workshop on the new Walnut Village Specific Plan to provide information on the proposed land use and design amendments to the specific plan; and WHEREAS, General Plan Amendment 22-012 (GPA No. 22-012) seeks to amend Exhibit 15.8 of General Plan Chapter 15 (Land Use, Zoning, And Urban Design) to change the land use designation for APNs 0240-121-17, -21 and -23 from Community Commercial (C-C) to Multi-Family Medium to High Density Residential (R-MFMH), to change the land use designation for APNs 0240-141-01, -03, -05, -06, -07, -08, -15, -18, -19, -20, -21, -22, -23, -24, -25, -27, -29, -30, -33, -34, -35, -37, And -38 And 0240-132-07, -08, -09, -10, -11, -12, -13, -14, -16, -17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27, -28, -29, -31, -32, -33, -34, -35 from Residential Planned Community (R-PC) to Multi-Family High Density Residential (R-MFH), to change the land use destination for APN 0240-361-41 from Community Commercial (C-C) to Residential Planned Community (R-PC), to change the land use designation for APNs 0240-161-29, -33, -35, -36, -37, and -38 from Residential Planned Community (R-PC) to Multi-Family Residential (R-MF), and to remove the Auto Center Overlay from APNs: 0240-121-19, -21, and -23 in the Walnut Village Specific Plan as shown in Exhibit A, that is attached hereto and incorporated herein by reference as fully set forth herein; and WHEREAS, GPA No. 22012 will assist the City in meeting its Regional Housing Needs Allocation number and will increase the potential of housing unit development; and WHEREAS, GPA No. 22-012 will contribute to a balanced and diverse neighborhood and associated amenities and services; and WHEREAS, General Plan Amendment GPA No. 22-012 is considered a “Project” as defined by the California Environmental Quality Act (CEQA); and WHEREAS, pursuant to State CEQA Guidelines section 15087(e), the Draft Program Environmental Impact Report (DPEIR) was circulated for at least a 45-day public review and comment period from March 18, 2024, to May 2, 2024, during which time the City did not receive any written comments; and WHEREAS, the City has prepared a Final Program Environmental Impact Report (FPEIR) in compliance with the CEQA (Pub. Resources Code § 21000 et seq.). For the purposes of this Resolution, the “EIR” shall refer to the DPEIR, as revised by the FPEIR, together with the other sections of the FPEIR; and WHEREAS, GPA No. 22-012 and associate entitlements, Zoning Code Amendment (ZCA) No. 24-003, and Specific Plan Amendment (SPA) No. 24-001 are supported by the goals and policies of the General Plan; and WHEREAS, all of the notices required by statute and the Fontana Municipal Code (“FMC”) have been given as required; and WHEREAS, the owners of property within 660 feet of the Project Site were notified via public hearing notice mailer prior to the public hearing for the Planning Commission, and a notice of the public hearing was published in the Fontana Herald newspaper on June 21, 2024 and simultaneously displayed at City Hall; and WHEREAS, on July 2, 2024, the Planning Commission received public testimony and evidence presented by the Applicant, City staff, and other interested parties at a public hearing held on the project FPEIR and Mitigation Monitoring and Reporting Program (“MMRP”), GPA No. 22-012 , Zoning Code Amendment (ZCA) No. 24-003, and Specific Plan Amendment (SPA) No. 24-001. After carefully considering all information pertaining to the project, recommended approval to the City Council with a 3-0 vote by Resolution No. 2024-036; and WHEREAS, the owners of property within 660 feet of the Project Site were notified via public hearing notice mailer prior to the public hearing for the City Council, and a notice of the public hearing was published in the Fontana Herald newspaper on July 12, 2024 and simultaneously displayed at City Hall; and WHEREAS, on July 23, 2024, the City Council conducted a noticed public hearing on the project, FPEIR and MMRP, GPA No. 22-012, ZCA No. 24-003, and SPA No. 24-001 received testimony from all parties and documentation from the Planning Commission’s public hearing on July 2, 2024; and WHEREAS, on July 23, 2024, pursuant to Resolution CC No. 24-____, the City Council certified the FPEIR, which analyzed the MCN No. 22-115; GPA No. 22-012, ZCA No. 24-003, and Specific Plan Amendment No. 24-001, adopted environmental findings, and a Statement of Overriding Considerations, approved the MMRP, and the Project; and WHEREAS, the City Council carefully considered all information, evidence and testimony pertaining to the project that was presented at its public hearing on July 23, 2024, and WHEREAS, the amendment to the General Plan will contribute to a sustainable community where residents of the City could live and work as anticipated in the General Plan; and WHEREAS, the City wishes to protect and preserve the quality of the life throughout the City, through effective land use and planning.
NOW, THEREFORE, the City Council RESOLVES as follows:
Section 1. Recitals. The recitals are true, correct and incorporated herein by reference.
Section 2. CEQA. Having considered the certified FPEIR and all written and oral evidence presented to the City Council, the Council finds that all environmental impacts of the General Plan Amendment have been addressed within the FPEIR, and that there is no substantial evidence in the administrative record that the Project may result in any significant environmental impacts beyond those analyzed in the FPEIR. Therefore, pursuant to State CEQA section 15189 through 15190 and Section 6.18 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, the City Council finds that the preparation of a subsequent or supplemental CEQA document is not required for the General Plan Amendment.
Section 3. General Plan Amendment Findings. Based on the information herein, the City Council hereby makes the following findings for GPA No. 22-012 in accordance with Section 30-31 “Purpose” of the Fontana Zoning and Development Code:
Finding: The purpose and intent is to keep an updated General Plan to reflect the current desires and needs of the citizens for the long-term growth of the City.
Findings of Fact: The City is updating the General Plan within certain properties in the Walnut Village Specific Plan in order to allow higher density residential development, commercial uses, and/or mixed-use development along with the removal of the auto center overlay in order to encourage the development of properties within the specific plan area and to enhance the gateways into the City. The new Walnut Village Specific Plan allows for higher density residential, mixed and commercial uses, enhanced walkability, and the creation of high-quality development, which will forward Housing Goal No. 1 (Housing Policy 1.1, Fontana 6th Cycle Housing Element) of the General Plan which is to establish a range of housing opportunities in the City and also forward Action A (Goal 3 in Chapter 13 of the General Plan) to refine zoning to encourage mixed-use development where appropriate.
SECTION 4. Approval. Based on the findings in Section 3, the City Council finds that the amendment is in conformance with the goals and policies of the General Plan and hereby approves GPA No. 22-012 to amend Exhibit 15.8 of General Plan Chapter 15 (Land Use, Zoning, And Urban Design) to change the land use designation From Community Commercial (C-C) to Multi-Family Medium to High Density Residential (R-MFMH) for approximately 7 acres (APNs: 0240-121-17, -21 And -23), from Residential Planned Community (R-PC) To Multi-Family High Density Residential (R-MFH) for approximately 34 acres (APNs: 0240-141-01, -03, -05, -06, -07, -08, -15, -18, -19, -20, -21, -22, -23, -24, -25, -27, -29, -30, -33, -34, -35, -37, And -38 And 0240-132-07, -08, -09, -10, -11, -12, -13, -14, -16, -17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27, -28, -29, -31, -32, -33, -34, -35, from Community Commercial (C-C) to Residential Planned Community (R-PC) for Approximately 1.93 Acres (APN: 0240-361-41) and from Residential Planned Community (R-PC) to Multi-Family Residential (R-MF) for approximately 8.75 Acres (APNs: 0240-161-29, -33, -35, -36, -37, And -38) and to remove the Auto Center Overlay from 7 Acres (APNs: 0240-121-19, -21, and -23) in the Walnut Village Specific Plan as shown in Exhibit A, that is attached hereto and incorporated herein by reference as fully set forth herein.
Section 5. Resolution Regarding Custodian of Record. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code section 21081.6.
Section 6. Certification. The City Clerk of the City Council shall certify to the adoption of this Resolution.
SECTION 7. Effective Date. This Resolution shall take effect thirty (30) days after the adoption of the City Council Ordinance adopting Zoning Code Amendment (ZCA) No. 24-003, City Council Ordinance adopting Specific Plan Amendment No. 24-001, whichever is adopted later, provided however, if the Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect.
SECTION 8. Severability. If any provision of this Resolution 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 Resolution that can be given effect without the invalid provision or application.
PASSED, APPROVED AND ADOPTED this 23rd day of July 2024.
READ AND APPROVED AS TO LEGAL FORM:
_____________________
City Attorney
ATTEST:
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 of Fontana at a regular meeting thereof, held on the 23rd 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
Exhibit A
R-PCR-PC
R-PC
R-PC
PROPOSED GENERAL PLANLAND USE DESIGNATIONSPROPOSED GENERAL PLANLAND USE DESIGNATIONSEXISTING GENERAL PLANLAND USE DESIGNATIONSEXISTING GENERAL PLANLAND USE DESIGNATIONS
PROPOSED GENERAL PLAN
LAND USE DESIGNATIONS
PROPOSED GENERAL PLAN
LAND USE DESIGNATIONS
EXISTING GENERAL PLAN
LAND USE DESIGNATIONS
EXISTING GENERAL PLAN
LAND USE DESIGNATIONS
ATTACHMENT NO. 2
Resolution PC No. 2024-____