DocuSign Envelope ID: B9A1E13C-DBBB-48C8-A2AA-2E9DD02D093A URGENCY ORDINANCE NO. 1924
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF FONTANA IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 65858 EXTENDING A
MORATORIUM ON THE APPROVAL OF ANY BUILDING
PERMIT, OCCUPANCY PERMIT, CONDITIONAL USE
PERMIT, VARIANCE, SUBDIVISION MAP, DESIGN
REVIEW, ADMINISTRATIVE SITE PLAN REVIEW OR
OTHER LAND USE ENTITLEMENT OR PERMIT, OR
REGULATORY LICENSE OR PERMIT REQUIRED TO
COMPLY WITH THE PROVISIONS OF THE MUNICIPAL
CODE OR SPECIFIC PLAN FOR SERVICE BASED, NON-
ENTERTAINMENT USES FOR AN ADDITIONAL TEN (10)
MONTHS AND FIFTEEN (15) DAYS.
WHEREAS, the City of Fontana, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, Government Code section 65300, et seq., allows a city to adopt a General Plan to designate its long-term goals and policies related to its respective community and future development of the city; and
WHEREAS, on November 13, 2018, the City adopted its most recent General Plan, detailing the City's goals and objectives over the next 20 years; and WHEREAS, Chapter 14 of the General Plan establishes the City's intent to make its downtown a local and regional destination hub for dining, shopping and entertainment; and
WHEREAS, the City has identified Foothill Boulevard and Sierra Avenue to be primary corridors that funnel local and regional visitors to its downtown, thereby promoting the economic growth of the City; and
WHEREAS, the City observes that the Sierra Avenue corridor extends from the 10 Freeway to the 210 Freeway, and the Foothill Boulevard corridor extends from Cherry Avenue to Maple Avenue; and
WHEREAS, the City desires to create a balanced environment within its corridors to foster a similar vision to that of the downtown area; and WHEREAS, to the extent that the land in the Sierra Avenue and Fontana Boulevard corridors is underutilized, underperforming, or inconsistent with the City's DocuSign Envelope ID: B9A1E13C-DBBB-48C8-A2AA-2E9DD02D093A Urgency Ordinance No. 1924
General Plan, the City has a responsibility to move forward with studies necessary to implement General Plan policies related to the economic corridors in order to maintain the City's vibrancy; and
WHEREAS, without the enactment of this Ordinance, multiple applicants could quickly receive entitlements that would allow for uses contrary to the City's General Plan, subjecting the City to the potential effects and impacts of uncoordinated and conflicting uses, impacts on parking availability in the downtown area of the City, the aesthetic impacts to the City, and other similar or related effects on property values and the quality of life in the City's neighborhoods and effectively creating a current and immediate threat to the public health, safety, and welfare; and
WHEREAS, the City intends to study zone changes prohibiting certain service- related uses along two of its main thoroughfares (Sierra Avenue and Foothill Boulevard) in an effort to maximize economic development, sales tax generation, and encourage entertainment-related development along those corridors; and WHEREAS, Government Code section 65858 authorizes the City to adopt an interim Urgency Ordinance to protect the public safety, health and welfare and to prohibit uses which may be in conflict with a contemplated General Plan or zoning proposal which the City is considering, studying or intends to study within a reasonable time; and WHEREAS, on July 25, 2023, the City Council of City of Fontana adopted Ordinance No. 1922 establishing a moratorium on the approval of any building permit, occupancy permit, conditional use permit, variance, subdivision map, design review, administrative site plan review or other land use entitlement or permit, or regulatory license or permit required to comply with the provisions of the municipal code or specific plan for service based, non-entertainment uses; and
WHEREAS, the moratorium would have expired on September 8, 2023, unless extended pursuant to Government Code Section 65858, which authorizes the City Council, after notice pursuant to Government Code Section 65090 and a public hearing, to adopt an ordinance extending the moratorium for 10 months and 15 days, upon approval by a four-fifths vote, and upon making the same findings required for initial adoption of the moratorium; and
WHEREAS, Government Code Section 65858(d) requires the City Council, ten days prior to expiration of the moratorium or any extension thereof, to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the moratorium; and
DocuSign Envelope ID: B9A1E13C-DBBB-48C8-A2AA-2E9DD02D093A Urgency Ordinance No. 1924
WHEREAS, in accordance with Government Code Section 65858(d), the City Council has issued the ten-day report, describing the measures being taken to alleviate the conditions which led to the adoption of the moratorium; and WHEREAS, City staff have begun researching the issues related to the zone change prohibiting certain service-related uses along two of its main thoroughfares on any property within three hundred (300) feet from the center line of the location of Sierra Avenue between the I-10 Freeway and Arrow Boulevard, and between Foothill Boulevard and the I-210 Freeway (Sierra Avenue Corridor), and on any property within three hundred (300) feet from the center line of the location of Foothill Boulevard between Cherry Avenue and Maple Avenue (Foothill Boulevard corridor), as shown on Exhibit A attached hereto and incorporated herein by this reference in an effort to maximize economic development, sales tax generation, and encourage entertainment-related development along those corridors; and
WHEREAS, City Council wishes to extend the moratorium for a period of ten (10) months and fifteen (15) days, or until the City Council adopts an ordinance addressing the issues raised, whichever occurs first; and
WHEREAS, at a duly noticed public hearing on September 5, 2023, testimony and evidence were heard and received from all persons interested in the proposal to extend the moratorium, and the City Council has reviewed, analyzed, and considered all testimony and evidence presented at such public hearing, including staff reports and presentations by City Staff.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fontana, California, as follows:
Section 1. Findings. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Moratorium. The City shall not issue or approve any building permit, occupancy permit, conditional use permit, variance, subdivision map, design review, administrative site plan review or other land use entitlement or permit; or regulatory license or permit required to comply with the provisions of the City's Municipal Code or a Specific Plan for any "Service Based, Non-Entertainment Uses" as defined herein in Section 3 on any property within three hundred (300) feet from the center line of the location of Sierra Avenue between the I-10 Freeway and Arrow Boulevard, and between Foothill Boulevard and the I-210 Freeway (Sierra Avenue corridor), and on any property within three hundred (300) feet from the center line of the location of Foothill Boulevard between Cherry Avenue and Maple Avenue (Foothill Boulevard corridor), as shown on Exhibit A attached hereto and incorporated herein by this reference. Notwithstanding any
DocuSign Envelope ID: B9A1E13C-DBBB-48C8-A2AA-2E9DD02D093A Urgency Ordinance No. 1924
provision in this Ordinance to the contrary, the foregoing prohibition shall not apply to (a) any lawful use that existed at the time of the adoption of this Ordinance or thereafter which has ceased operation for no longer than the period set forth in sections 30-357 and 30-351 of the Fontana Municipal Code, or (b) any use set forth in Section 3 herein, which is not the primary use within any business (i.e., a use that constitutes less than fifty (50) percent of floor area and gross sales receipts).
Section 3. Definitions. "Service Based, Non-Entertainment Uses" shall mean the following uses as these uses are defined in Chapter 30:
• Acute care/walk-in medical services (urgent care)
• Adult vocational classes, trade schools, computer training • Animal Kennel
• Animal Training, keeping or raising
• Antique restoration
• Ambulance services
• Animal hospital
• Auto body painting and repair
• Auto car alarm and stereo installation (within an enclosed building only) • Auto car washes
• Auto driving schools
• Auto rental
• Auto rental agencies with parking for vehicle rentals • Auto stereo, alarm, and upholstery installation or repair • Auto storage
• Auto upholstery
• Barber, hair/nail/skincare/tanning salon, as a primary use • Barber, hair/nail/skincare/tanning salon and day spa
• Bed and Breakfast
• Blueprinting, printing, copying, packing, mailing services as a primary use • Body Art - tattooing body piercing and / or permanent cosmetics • Car and Truck washes
• Cemeteries, crematory, mortuary and mausoleums
• Chemical substance abuse facility
• Check cashing/deferred deposit or payday advance uses with or without ancillary services
• Children tutorial classes
• Cleaners / laundry
• Clinic - medical, dental or cosmetic
DocuSign Envelope ID: B9A1E13C-DBBB-48C8-A2AA-2E9DD02D093A Urgency Ordinance No. 1924
• Clothing and costume rental
• Community Care Facility
• Convalescent Hospital
• Commercial day care
• Dress maker or millinery shop
• Dry cleaners/laundry—non-commercial
• Equipment Rental
• Equipment and Appliance Repair
• Fortunetelling
• Funeral parlors
• Furniture refinishing
• Furniture upholstery
• Homeless Shelters
• Hospitals
• Hotels / Motels (less than 50 rooms)
• Jewelry repair, as a primary use
• Laundromat
• Locksmith
• Locksmith/key shops
• Machine Shop
• Massage / Acupressure as a primary use
• Massage as ancillary use to primary permitted useless than 40% of gross floor area of business
• Medical/dental/counseling/psychology/hearing
aids/acupuncture/homeopathy/physical therapy/sports therapy • Medical services
• Mortuary
• Nail salon
• Nursing Home
• Pet boarding
• Pet boarding and kennels
• Pet grooming
• Photography Studios
• Photocopying and photo developing (retail)
• Postal services/mailbox rentals
• Private Schools (pre-K-12)
• Publishing establishments
• Self-storage facility
• Shoe Repair
DocuSign Envelope ID: B9A1E13C-DBBB-48C8-A2AA-2E9DD02D093A Urgency Ordinance No. 1924
• Tailor and alterations
• Traffic and automobile driving schools
• Traffic schools
• Trailer rental
• Trailer repair
• Trailer custom repair
• Truck Driving Schools
• Truck Fueling
• Truck rental
• Truck body painting and repair
• Truck repair including customization
• Truck stereo, alarm, and upholstery installation or repair • Truck Storage
• Veterinarian clinic and hospitals (with incidental boarding) Section 4. Extension. The Ordinance was adopted on July 25, 2023 and is hereby extended for an additional ten (10) months and fifteen (15) days beyond its original expiration date to July 23, 2024. Thereafter, this moratorium extension shall be of no further force and effect unless, after a duly noticed public hearing, the City Council further extends the moratorium for an additional period of time pursuant to Government Code Section 65858.
Section 5. Compliance with California Environmental Quality Act. The City finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of zoning code revisions and related impact studies.
Section 6. Effective Date. This Ordinance was adopted by the necessary four- fifths vote of the members of the City Council pursuant to Government Code section 65858, shall take effect on September 8, 2023, and shall remain in effect until July 23, 2024.
Section 7. Written Report. At least ten (10) days before this Ordinance or any extension expires, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of this Ordinance.
DocuSign Envelope ID: B9A1E13C-DBBB-48C8-A2AA-2E9DD02D093A Urgency Ordinance No. 1924
Section 8. Publishing. The City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation, printed and published in San Bernardino, California.
Section 9. Term. This Ordinance is an Urgency Ordinance, enacted pursuant to Government Code section 65858. The term of this Ordinance shall be for ten (10) months and fifteen (15) days and shall expire and be of no further force or effect, unless and until extended in accordance with Government Code section 65858.
Section 10. The Custodian of Records for this Ordinance is the City Clerk and the records comprising the administrative record for this Ordinance are located at 8353 Sierra Avenue, Fontana, California 92335.
Section 11. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions may be declared invalid or unconstitutional.
APPROVED AND ADOPTED on the 5th day of September 2023.
READ AND APPROVED AS TO LEGAL FORM:
Michelina Hassell
City Attorney
1, 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 Special Meeting on the 5'' day of September 2023, by the following vote to wit:
AYES: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran and Roberts NOES: Council Member Sandoval
ABSENT: None
ABSTAIN: None
DocuSign Envelope ID: B9A1E13C-DBBB-48C8-A2AA-2E9DD02D093A Urgency Ordinance No. 1924
Germaine key
City Clerk of the City of Fontana
Acquanetta Warren
Mayor of the City of Fontana
ATTEST:
Germaine key
City Clerk
DocuSign Envelope ID: B9A1E13C-DBBB-48C8-A2AA-2E9DD02D093A Ordinance 1022 Exhibit A
Sierra Ave and Foothill Blvd
Moratorium Parcels Within 300 Feet of Center Line
Legend
Sierra Ave and Foothill
Blvd
i City Boundary
Owner Parcels
300 ft Buffer
Moratorium Parcels
within the 300ft Buffer
FOOTHILL BLVD
SIERRA AVE
0.4 0.8 1.59 Miles
DocuSign
Certificate Of Completion
Envelope Id: B9A1E13CDBBB48C8A2AA2E9DD02D093A Status: Completed Subject: Please DocuSign: Ordinance 1924
Source Envelope:
Document Pages: 9 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 City Clerk
AutoNav: Enabled 8353 Sierra Avenue
Envelopeld Stamping: Enabled Fontana, CA 92335
Time Zone: (UTC-08:00) Pacific Time (US & Canada) [email protected] IP Address: 192.146.186.96
Record Tracking
Status: Original Holder: City Clerk Location: DocuSign
9/7/2023 | 01:53 PM [email protected]
Signer Events Signature Timestamp
Michelina Hassell Sent: 9/7/2023 | 01:53 PM
[email protected] Michelina Hassell Viewed: 9/7/2023 | 01:56 PM Security Level: Email, Account Authentication Signed: 9/7/2023 | 01:57 PM (None)
Signature Adoption: Pre-selected Style
Using IP Address: 74.116.243.2
Electronic Record and Signature Disclosure:
Accepted: 9/7/2023 | 01:56 PM
ID: 371c2eaa-64e7-4a88-9e31-d9d287aca120
Acquanetta Warren Sent: 9/7/2023 | 01:57 PM
[email protected] Acquanetta Warren Viewed: 9/10/2023 | 08:19 AM Security Level: Email, Account Authentication Signed: 9/10/2023 | 08:19 AM (None)
Signature Adoption: Pre-selected Style
Using IP Address: 108.184.102.134
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 9/10/2023 | 08:19 AM
ID: 78cf83fe-9fe9-4e89-b207-6443c78552a9
Germaine Key Sent: 9/10/2023 | 08:19 AM
[email protected] Germaine key Viewed: 9/10/2023 | 09:02 AM Security Level: Email, Account Authentication Signed: 9/10/2023 | 09:02 AM (None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.201.246.59
Electronic Record and Signature Disclosure:
Accepted: 9/10/2023 | 09:02 AM
ID: daee5470-fccd-4ba8-a04e-7ef1225b1185
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Kathy Kasinger Sent: 9/10/2023 | 09:02 AM
[email protected] COPIED Viewed: 9/11/2023 | 08:09 AM Records Coordinator
Soniy Level: Emal, Account authentication
Electronic Record and Signature Disclosure:
Accepted: 6/26/2023 | 12:01 PM
ID: 313f663-c622-41d0-ac8d-292f7d782a66
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/7/2023 | 01:53 PM
Certified Delivered Security Checked 9/10/2023 | 09:02 AM Signing Complete Security Checked 9/10/2023 | 09:02 AM
Completed Security Checked 9/10/2023 | 09:02 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 2/2/2017 | 06:54 AM Parties agreed to: Michelina Hassell, Acquanetta Warren, Germaine Key, Kathy Kasinger
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Fontana (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Fontana:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise City of Fontana of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Fontana
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to [email protected] and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Fontana
To inform us that you no longer want to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to [email protected] and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
• Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and
• Until or unless I notify City of Fontana as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Fontana during the course of my relationship with you.
TO: HERALD NEWS
EMAIL: [email protected]
FROM: FONTANA CITY CLERK'S DEPARTMENT
DATE: September 6, 2023
PUBLICATION OF SUMMARY OF ADOPTED URGENCY ORDINANCE NO 1924.
PUBLISH ONE TIME ONLY ON OR BEFORE September 15, 2023. ONE AFFIDAVIT PUBLICATION REQUESTED.
SUMMARY OF ADOPTED URGENCY ORDINANCE NO 1924.
NOTICE IS HEREBY GIVEN that the City Council of the City of Fontana, at a Special Meeting held on September 5, 2023, at City Hall, 8353 Sierra Avenue, Fontana, California, adopted the following ordinance:
Adopt Urgency Ordinance No. 1924, an Urgency Ordinance of the City of Fontana, California, in accordance with Government Code Section 65858 extending a Moratorium on the approval of any Building Permit, Occupancy Permit, Conditional Use Permit, Variance, Subdivision Map, Design Review, Administrative Site Plan Review or other Land Use Entitlement or Permit, or Regulatory License or Permit required to comply with the provisions of the Municipal Code or Specific Plan for service based, non-entertainment uses for an additional ten (10) months and fifteen (15) days.
A certified copy of the full text of the ordinance is available in the office of the City Clerk of the City of Fontana, 8353 Sierra Avenue, Fontana, California 92335.
CITY COUNCIL OF THE CITY OF FONTANA
Acquanetta Warren, Mayor
Susana Gallardo
Specialist to the Deputy City Clerk
P.O. #800496