ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, APPROVING, PURSUANT TO THE CERTIFIED FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT AND APPROVED MITIGATION MONITORING AND REPORTING PROGRAM (SCH NO. 2023050271) FOR THE NEW WALNUT VILLAGE SPECIFIC PLAN PROJECT, ZONING CODE AMENDMENT NO. 24-003 TO REMOVE THE FONTANA AUTO CENTER OVERLAY (PLANNING AREA NO. 2) FROM APPROXIMATELY 8.5 ACRES (ASSESSOR PARCEL NUMBERS: 0240-121-17, -21 AND -23) LOCATED ON THE SOUTHEAST CORNER OF SIERRA AVENUE AND SOUTH HIGHLAND AVENUE, AS REFLECTED IN SECTIONS 30-635 AND 30-639 OF THE ZONING AND DEVELOPMENT CODE.
WHEREAS, Assessor Parcel Numbers (“APNs”) 0240-121-17, -21 and -23 were annexed from San Bernardino County and incorporated into the City of Fontana on October 8, 1981 (“Project Site”); 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 November 13, 2018, the most recent edition of the City of Fontana General Plan (“General Plan”) was adopted by the Fontana City Council (“City Council”) and the City of Fontana Housing Element was adopted by the City Council on February 8, 2022; and WHEREAS, On 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, Zoning Code Amendment No. 24-003 (“ZCA No. 24-003”) removes the Fontana Auto Center Overlay from APNs 0240-121-17, -21 and -23 as is currently reflected in Sections 30-635 and 30-639 of the Fontana Zoning and Development Code; and WHEREAS, the Zoning Code Amendment is considered a “Project” as defined by the California Environmental Quality Act (CEQA); and WHEREAS, on February 28, 2023, the Fontana Planning Commission (“Planning Commission”) and City Council held a joint workshop on the new Walnut Village Specific Plan to provide information on the proposed land use and design amendments for the specific plan; 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 Final Program Environmental Impact Report (“FPEIR”), Mitigation Monitoring and Reporting Program (“MMRP”), General Plan Amendment (GPA) No. 22-012 (General Plan land use map), ZCA No. 24-003, and Specific Plan Amendment (SPA) No. 24-001. After carefully considering all information pertaining to the project, recommended approval of the Project to the City Council with a 3-0 vote by Resolution No. 24-036; and WHEREAS, on July 23, 2024, pursuant to Resolution PC 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, and approved the MMRP, and the Project; and WHEREAS, ZCA No. 24-003 to the Zoning Code will assist the City in meeting its Regional Housing Needs Allocation (“RHNA”) number and will increase the potential of housing unit development; and WHEREAS, ZCA No. 24-003 will contribute to a balanced and diverse neighborhood and associated amenities and services; and WHEREAS, all the notices required by statute and the Fontana Municipal Code 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 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 duly 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals are true, correct and incorporated herein by this reference.
SECTION 2. CEQA. Having considered the certified FPEIR and all written and oral evidence presented to the City Council, the Council finds that all environmental impacts of the zoning amendments 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 zoning amendments.
SECTION 3. Zoning Code Amendments Findings. The City Council hereby makes the following findings for ZCA No. 24-003 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:
Finding: The Zoning and Development Code may be amended by changing the development standards (text) or zoning designation map boundaries of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety, or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.
Findings of Fact: Amending Sections 30-635 and 30-639 of the Zoning and Development Code, which would allow for the construction of mixed-use (commercial and residential) development by way of the new Walnut Village Specific Plan. The new specific plan would allow for higher density residential, mixed and commercial uses, enhanced walkability, and the creation of high-quality development, which will forward the 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. Zoning Code Amendment Approval. Based on the findings in Section 3, the City Council finds that the amendment is in conformance with the goals and polices of the General Plan and approves ZCA No. 24-003 to amend Sections 30-635 and 30-639 of the Zoning Code to remove the Fontana Auto Center Overlay from APNs 0240-121-17, -21 and -23 as shown on Exhibit “A”, which is attached hereto and incorporated herein.
SECTION 5. Corresponding Ordinance Approving SPA No. 24-001. The terms and provisions of this Ordinance shall not become operative unless and until (1) the City Council adopts that certain corresponding Ordinance approving SPA No. 24-001 (“SPA Amendment No. 24-001”) that is introduced by the City Council contemporaneously with this Ordinance, and (2) SPA Amendment No. 24-001 thereafter becomes effective.
SECTION 6. 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, or 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 7. 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 8. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.
SECTION 9. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.
APPROVED AND ADOPTED this 23rd day of 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 was introduced at a regular meeting on the 23rd day of July 2024, and was finally passed and adopted not less than five days thereafter on the 10th day of September 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
“EXHIBIT A”
Sec. 30-635. - Description of auto center overlay district boundary.
The Fontana Auto Center Overlay District is defined by those boundaries identified in the overlay district map (Figure 1). The project area is divided into four separate planning areas. Planning area 1 contains approximately 81.5 gross acres and is generally located adjacent to the south side of the 210 Foothill Freeway, along both sides of South Highland Avenue, between Sierra Avenue on the East and Citrus Avenue on the West. Planning area 2 contains approximately 26 11.5 gross acres and includes the existing shopping center and vacant land on the northeast side corner of Sierra Avenue and South Highland Avenue, adjacent to the 210 Foothill Freeway, within the Walnut Village Specific Plan Area. Planning area 3 contains approximately 25 gross acres and is located between Citrus Avenue and Oleander Avenue, south of South Highland Avenue. Planning area 4 contains approximately 6.5 gross acres and is located at the northwest corner of Sierra Avenue and South Highland Avenue.
Sec. 30-639. – Authority and requirements.
The Fontana Auto Center Overlay District shall be applied to those properties located within the overlay district area, in addition to the land use regulations set forth in Chapter 30 of the Fontana Municipal Code. This overlay district modifies certain regulations contained in Chapter 30 of the Code, as enumerated herein. If there is a conflict with Chapter 30, the overlay district shall prevail.
Figure 1. Fontana Auto Center Overlay District Planning Area Boundaries Map PA 2PA 2AUTO CENTER OVERLAYAUTO CENTER OVERLAY
PA 2
PA 2
AUTO CENTER OVERLAY
AUTO CENTER OVERLAY
ATTACHMENT NO. 3
Ordinance No. 2024 - ___