ORDINANCE NO. 1956
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA APPROVING, PURSUANT TO THE CERTIFIED FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (SCH NO. 2023050271) AND APPROVED MITIGATION MONITORING AND REPORTING PROGRAM FOR THE NEW WALNUT VILLAGE SPECIFIC PLAN PROJECT, SPECIFIC PLAN NO. 24-001, RESCINDING THE EXISTING WALNUT VILLAGE SPECIFIC PLAN (SP-3) AND ADOPTING THE NEW WALNUT VILLAGE SPECIFIC PLAN.
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 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 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 December 4, 2020, the City of Fontana (the “City”) submitted applications for General Plan Amendment 22-012 (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 for Assessor Parcel Numbers (“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; Zoning Code Amendment No. 24-003 (ZCA No. 24-003) to remove the Fontana Auto Center Overlay from APNs 0240-121-17, -21 and -23 as is currently reflected in the Fontana Zoning and Development Code; Specific Plan Amendment (SPA No. 24-001) to rescind the existing Walnut Village Specific Plan and adopt the new Walnut Village Specific Plan; and WHEREAS, SPA No. 24-001 rescinds the existing Walnut Village Specific Plan (SP-3) and adopts a new Walnut Village Specific Plan, including new planning area designations, updated land use and development standards for undeveloped and underdeveloped areas, and clarified development standards for previously developed areas of the specific plan; and WHEREAS, on July 2, 2024, the Planning Commission held a noticed public hearing and received public testimony and evidence by the Applicant, City staff, and other interested parties for GPA No. 22-012, ZCA No. 24-003, and SPA No. 24-001 and the Final Program Environmental Impact Report (“FPEIR”). After carefully considering all information pertaining to the project, the Planning Commission voted 3-0 to recommend approval to the Fontana City Council (“City Council”) by Resolution No. PC 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 held a duly noticed public hearing on the EIR, MMRP, and 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 No. 2024-094, 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.
WHEREAS, based on the information presented to the City Council at the public hearing held on July 23, 2024, the City Council found that the amendments and project are in conformance with the goals and policies of the General Plan to provide a diverse range of housing types and levels of affordability.
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 SPA No. 24-001 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 SPA No. 24-001.
SECTION 3. Findings. The City Council hereby makes the following findings for SPA No. 24-001 in accordance with Section 30-67 “Purpose” of the Fontana Zoning and Development Code:
Finding: A Specific Plan may be amended by changing the development standards or zoning designation 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: Rescinding the existing Walnut Village Specific Plan (SP-3) and adopting a new Walnut Village Specific Plan provides a new planning area designations, new development and land use standards for undeveloped and underdeveloped areas of the specific plan, and clarified development standards for previously-developed areas of the specific plan. The existing Walnut Village Specific Plan (SP-3) was adopted in 1983 and while amended several times, development has not occurred in undeveloped and underdeveloped areas. Further, the existing Walnut Village Specific Plan (SP-3) has, at times, been difficult to interpret and implement for property owners who want to make improvements to properties and structures. The new Walnut Village Specific Plan will maintain the neighborhood character while modernizing the plan. Additionally, the new planning area designations and corresponding development and land use standards will encourage walkability in a well-balanced community with opportunities for commercial, residential and open space land uses.
SECTION 4. Approval. Based on the findings in Section 3, the City Council hereby finds SPA No. 24-001 to be in conformance with the goals and policies of the General Plan and hereby approves the rescission of the existing Walnut Village Specific Plan (SP-3) and approves the adoption of a new Walnut Village Specific Plan as shown on Exhibit “A,” which is attached hereto and incorporated herein by this reference.
SECTION 5. Corresponding Ordinance Approving ZCA. 24-003. The terms and provisions of this Ordinance shall not become operative unless and until (1) the City Council adopts that certain corresponding Ordinance approving ZCA 24-003 (“ZCA Amendment No. 24-003”) that is introduced by the City Council contemporaneously with this Ordinance, and (2) ZCA Amendment No. 24-003 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, 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 10th day of September, 2024.
READ AND APPROVED AS TO LEGAL FORM:
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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:
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City Clerk of the City of Fontana
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Mayor of the City of Fontana
ATTEST:
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City Clerk
EXHIBIT “A”
(Under Separate Cover)