PH-B Adopt Resolution No. PC 2024-056: A Resolution of the Planning Commission of the City of Fontana, California, Recommending, Pursuant to an Exemption from the California Environmental Quality Act, that the City Council Approve a Development Agreement with Catalyst - Fontana LLC, concerning a retail cannabis business and Direct Staff to File a Notice of Exemption.
Chair Fort opened Public Hearing.
Deputy City Manager, Philip Burum, presented the staff report and answered questions of the commission.
The commission and staff discussed a list of non-profit organizations included in the Development Agreement.
Secretary Quintana expressed his concerns regarding managing the project area and the presence of loitering.
Deputy City Manager, Philip Burum provided information on the city ordinance that was adopted by City Council specifically regulating potential sales of retail cannabis and provided details on the application period and the review process.
Deputy City Manager Burum also commented on the operating agreement requirements such as strict adherence to state standards, local ordinances regarding aroma, security, and inventory controls. Additionally, Deputy City Manager Burum spoke about the steps that the city is taking to maintain compliance.
Another discussion ensued between the commission and staff regarding how non-profit organizations were selected and if the organizations would remain in place throughout the tenure of the business. Deputy City Manager Burum explained the process on how the organization were selected and mentioned that the applicant would establish a committee for reviewing and determining any changes.
Chair Fort and Deputy City Manager Burum also discussed the number of operating retail cannabis locations and specifically where they would be located throughout the city.
The applicant, Damien Martin, on behalf of Catalyst, Fontana LLC., stated that he read and agreed to the Conditions of Approval and spoke about his commitment and engagement in the City of Fontana.
Applicant, Damien Martin also answered questions regarding the process of selecting the non- profit organizations, spoke about the possibility of expanding and adding additional groups and the process of negotiating the development agreement. Mr. Martin also spoke about his community engagement and noted 72 letter of support that he received on behalf of the local neighborhood adjacent to the project site.
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Excerpt of the Planning Commission Meeting Minutes of November 19, 2024 Public Hearing Item B
ATTACHMENT NO. 4
Community Relations Liaison, Violeta Aguilar spoke about public outreach, community engagement and the community benefit agreement.
Lastly, the applicant and commission spoke about the application process and the selection for being identified on the nonprofit organization list.
The City Clerk’s Department received one (1) written correspondence in opposition of this item.
The following individuals spoke in opposition:
Flavio Nunez
Nicolas Cisneros
Juan Diaz
Edgar Ceja
Sebastian Castaneda
Jose A. Caballero
Michelle Bagi
Olga Macial
Brandon Krueger
Chair Fort requested clarification on the location and land use of the project site and Deputy City Manager, Burum, provided zoning information for the property and addressed concerns regarding loitering.
City Attorney Stephen Deitsch suggested adding additional language to “Section 5.2, to read as follows: “ The inclusion of additional community benefit partners shall be subject to an open application process, with approval of additional partners to be approved at the sole discretion of the city”.
Chair Fort requested that the Applicant confirm the additional language.
Applicant Martin approved the amended language that was recommended by City Attorney Deitsch.
The Public Hearing was closed.
RECOMMENDATION:
Based on the information in the staff report and subject to the findings, conclusions, and information in the staff report, resolution and presented in the public hearing, staff recommends that the Planning Commission adopt Resolution No. PC 2024-056; and recommend that the City Council:
1. Find, after review of this Development Agreement, that the Project is EXEMPT from the California Environmental Quality Act (“CEQA”), pursuant 624
Excerpt of the Planning Commission Meeting Minutes of November 19, 2024 Public Hearing Item B
ATTACHMENT NO. 4
to State CEQA Guidelines Section15301 (Class No. 1 - Existing Facilities) and direct staff to file a Notice of Exemption; and,
2. Approve a Development Agreement with Catalyst – Fontana LLC, based upon the findings in the staff report and resolution, pending final adoption of the Development Agreement ordinance by the City Council and an Operating Agreement with Catalyst - Fontana LLC.
ACTION: Motion was made by Commissioner Thrasher and seconded by Commissioner Quintana and passed by a vote of 4-0 to approve Public Hearing Item “B” and adopt Resolution PC No. 2024-056 with amended language.
The motion carried by the following vote:
AYES: Chair Fort, Secretary Quintana, Commissioners Sangha and Trasher; NOES: None; ABSTAIN: None.
ABSENT: Vice Chair Sanchez
Chair Fort and staff discussed the criteria for the posting of public hearing notices.
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NOTICE OF EXEMPTION
ATTACHMENT NO. 5
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
1. Project Title: Master Case No. (MCN) 24-0076 and Development Agreement No. (AGR) 24- 006
2. Project Location - Specific: 15911 Highland Avenue, S outheast corner of Highland Avenue and Catawba Avenue (APN: 0228-830-01)
3. (a) Project Location - City: Fontana, CA 92336
(b) Project Location - County: San Bernardino
4. Description of nature, purpose, and beneficiaries of Project: Development Agreement with Catalyst- Fontana, LLC which has a term of 3 years, with 2 year extension periods, will grant rights to develop and operate a commercial cannabis business at the Project site, subject to all applicable laws and regulations.
4. Name of Public Agency approving project: City of Fontana
5. Name of Person or Agency carrying out project: Catalyst - Fontana LLC 401 Pine Avenue
Long Beach, CA 90802
6. 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 Section 15301 (Class No. 1 – Existing Facilities) of the California Environmental Quality Act and Sections No. 3.22 (Categorical Exemption) of the 2019 Local Guidelines for Implementing CEQA.
(e) _____ Declared Emergency.
(f) _____ Statutory Exemption. State Code section number: _______________________ (g) _____ Other. Explanation: _______________________________________________ Reason why project was exempt: The whole of the Project, including the Development Agreement, has been reviewed and found to be exempt from the California Environmental Quality Act (“CEQA”) per State CEQA Guidelines Section 15301, Existing Facilities, as the cannabis retail use will be located in an existing commercial facility with no proposed expansion to the building and only making minor interior improvement.
7. Contact Person: Mai Thao, Assistant Planner Telephone: (909) 350-6650
Date Received for Filing: __________________________________ Salvador Quintanilla
Senior Planner
(Clerk Stamp Here)
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NOTICE OF PUBLIC HEARING AND
OF INTENT TO MAKE A CEQA EXEMPT FINDING
SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.
In compliance with Section 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 CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:
Ordinance No.______: An Ordinance of the City Council of the City of Fontana, California, Pursuant to an Exemption from the California Environmental Quality Act, approving a Development Agreement with Catalyst - Fontana LLC, concerning a Retail Cannabis Business, and Direct Staff to File a Notice of Exemption.
General Project
Description:
A Development Agreement that has a term of 3 years, subject to 2 -year extension periods, that, in consideration of the City’s approval of cannabis retail sales, provides for payment by the operator to the City a percentage of gross receipts of the business and other communities benefits.
Environmental
Determination:
The whole of the Project, including the Development Agreement has been reviewed and found to be exempt from the California Environmental Quality Act (“CEQA”) per State CEQA Guidelines Section 15301, Existing Facilities, as the cannabis retail use will be located in an existing commercial facilit y with no proposed expansion to the building and only making minor interior improvement.
Date of Hearing: December 10, 2024
Place of Hearing: City Hall Council Chambers, 8353 Sierra Avenue, Fontana, CA, 92335 Time of Hearing: 2:00 P.M.
Project Location: 7 15911 Highland Avenue (APN:0228-301-01)
ATTACHMENT NO. 6
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A draft copy of the proposed Development Agreement is available for public inspection at the office of the Fontana City Clerk, City Hall Council Chambers, 8353 Sierra Avenue, Fontana, CA, 92335.
Should you have any questions concerning this project, please contact Mai Thao at (909) 350- 6650 or [email protected].
ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. A COPY OF THE RESOLUTION 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.
Publish: November 29, 2024
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3450 Agenda Date: 12/10/2024
Agenda #: B. Category: Public Hearing
FROM:
Planning Department
SUBJECT:
Master Case No. 24-067 and Municipal Code Amendment No. 24-005: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code) including modifications to density bonuses, entitlement extension approvals and minor administrative cleanup items, restrictions on single-serving alcohol sales, premise-to-premise transfer of conditional use permits for alcohol sales, food truck standards, minor planned unit development standards, temporary use permits, in-home childcare facilities, permitted land uses in the Downtown Core, and Form-Based Code zoning district development standards, 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. 1961, an Ordinance of the City Council of the City of Fontana approving Master Case No. 24-067 and Municipal Code Amendment No. 24-005 to amend multiple sections of Chapter 30 of the Fontana Zoning and Development Code, including amendments to density bonuses, entitlement extension approvals and minor administrative cleanup items, restrictions on single-serving alcohol sales, premise-to-premise transfer of conditional use permits for alcohol sales, food truck standards, minor planned unit development standards, temporary use permits, in-home childcare facilities, permitted land uses in the Downtown Core, and Form-Based Code zoning district development standards; 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:
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Agenda #: B. Category: Public Hearing
Background:
The Planning Commission reviewed Master Case No. 24-067 and Municipal Code Amendment No. 24-005 during its November 19, 2024, meeting. At the conclusion of the hearing, the Planning Commission adopted Resolution PC No. 2024-058 to recommend approval of Municipal Code Amendment No. 24-005 to the City Council.
Analysis:
The City of Fontana Zoning and Development Code regulates the development of commercial, industrial, and residential projects. Staff conducts ongoing reviews of the municipal code to determine where language within the code would benefit from updates, clarification, and/or redefinition to the help streamline zoning and facilitate the development process.
Density bonuses -
Modifications to the density bonus regulations to align with State law and to make the provision for concessions for affordable housing developments not requesting a density bonus.
Entitlement extensions approved by the Director of Planning - Modifications to allow the Director of
Planning to approve entitlement extensions without the need for a public hearing.
Minor Administrative Cleanups
- Title changes from Community Development Director to Director of Planning to align with current department titles and other minor verbiage corrections.
Premises-to-premises transfer of an existing ABC license with CUP - Modification to remove an
inconsistency in Table No. 30-492.C related to transfers of businesses wishing to sell or serve alcohol as site and location analysis is required for the establishment of alcohol sales.
Restrictions on the sale of single alcohol products -
Modifications to include restrictions for the sale
of single alcohol products to be consistent with the restrictions typically included as conditions of approval for new conditional use permits.
Development standards for Minor Planned Unit Development projects - Modifications to allow
setbacks and lot dimensions to be customized and established as part of the Minor Planned Unit Development process, which will encourage innovative designs for residential developments in infill areas.
Food truck standards -
Addition of standards allowing food truck operation with the approval of a temporary use permit within industrial areas, subject to certain provisions and regulations.
In-home childcare facilities in residential zones
- Per State of California law, in-home childcare
facilities in residential zones do not require a discretionary approval. The proposed modifications are to make these childcare facilities allowable by-right.
Glazing opacity for the Shopfront frontage type in the Form-Based Code zone - Modifications to
the requirements for glazing opacity to meet the intent of engaging building frontage facing the public right-of-way while creating allowances for creative building designs.
Maximum Building Setbacks in Form-Based Code zone -
Modifications to the maximum building
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zone to provide additional flexibility for site and building design.
Permitted uses in the Downtown Core -
Amendments for the Downtown Core to allow bars, lounges and nightclubs within the Sierra Core, Gateway Core and Mixed-Use Core subdistricts consistent with the intent of revitalizing the Downtown by creating an active nightlife and destination area for residents and the region.
In summary, the proposed amendments will provide for flexibility and streamlining of the city’s Zoning and Development Code to facilitate desirable development within the city.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.
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ATTACHMENT NO. 1
ORDINANCE NO. 1961
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT NO. 24-
005 TO AMEND MULTIPL E SECTIONS OF CHAPTE R 30 (FONTANA
ZONING AND DEVELOPMENT CODE) INCLUDING AMENDMENTS TO
SECTIONS PERTAINING TO DENSITY BONUSES, ENTITLEMENT
EXTENSION APPROVALS, ALCOHOL SALES, FOOD TRUCKS AND
TEMPORARY USES, MINOR PLANNED UNIT DEVELOPMENT
STANDARDS, IN-HOME CHILDCARE FACILITIES, PERMITTED LAND
USES IN THE DOWNTOWN CORE, FORM -BASED CODE
DEVELOPMENT STANDARDS, AND MINOR ADMINISTRATIVE
CLEANUP ITEMS, PURSUANT TO A CATEGORICAL EXEMPTION IN
ACCORDANCE WITH CEQA GUIDELINES SECTIONS 15060(C),
15061(B)(3), AND SECTION 15378 AND DIRECTING STAFF TO FILE A NOTICE OF EXEMPTION.
WHEREAS, pursuant to article XI, Section 5 of the California Constitution and 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”) through Municipal Code Amendment (“MCA”) No. 24-005; and
WHEREAS, the City of Fontana General Plan (“General Plan”) includes policies and actions calling for numerous updates to the Code; and
WHEREAS, Section 30-12. – List of definitions. is amended to include definitions pertaining to food trucks; and
WHEREAS, Section 30 -118. – Application. is amended to provide a correct reference to the Planning Department and Director of Planning; and
WHEREAS, Section 30-124. – Time limitations. is amended to provide a correct reference to a related section of the Code; and
WHEREAS, Section 30 -127. – Application. is amended to provide a correct reference to the Planning Department and Director of Planning; and
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Ordinance No. 1961
WHEREAS, Section 30 -133. – Time limitations. is amended to provide a correct reference to a related section of the Municipal Code; and
WHEREAS, Section 30 -138. – Application. is amended to provide a correct reference to the Planning Department and Director of Planning; and
WHEREAS, Section 30 -154. – Time limitations. is amended to correct a typographical error; and
WHEREAS, Section 30-209. – Time limitations. is amended to provide a correct entitlement reference; and
WHEREAS, Section 30-212. Time limitations. is amended to give the Director of Planning the authority to approve time extensions for administrative variances; and
WHEREAS, Section 30-222. Time limitation. is amended to give the Director of Planning the authority to approve time extensions for major variances; and
WHEREAS, Section 30 -256. – Types of temporary use applications and conditions. is amended to correct references to the Director of Planning and to include a temporary use permit for food trucks; and
WHEREAS, Section 30-256(a). – Food truck temporary use permit. is added to provide procedures and standards related to temporary use permits for food trucks; and
WHEREAS, Section 30 -257. – Approval. is amended to provide a correct reference to the approval of temporary use permits; and
WHEREAS, Sec. 30-258. - Appeal. is amended to provide a correct reference to the Director of Planning; and
WHEREAS, Section 30 -282. – Application. is amended to provide a correct reference to the Planning Department and Director of Planning; and
WHEREAS, Section 30 -284. – Findings for approval. is amended to provide a correct reference to the Director of Planning; and
WHEREAS, Section 30-285. - Noticing. is amended to provide a correct reference to tentative parcel maps; and
WHEREAS, Section 30-286. - Hearing. is amended to provide a correct reference to tentative parcel maps; and
WHEREAS, Section 30-287. – Appeal. is amended to provide a correct reference to the Director of Planning; and
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Ordinance No. 1961
WHEREAS, Section 30-288. - Time limitations. is amended to provide a correct reference to tentative parcel maps; and
WHEREAS, Section 30 -290. – Authority. is amended to provide a correct reference to tentative tract maps and update the authority of the City of Fontana Planning Commission (“Planning Commision”); and
WHEREAS, Section 30 -291. – Application. is amended to provide a correct reference to the Director of Planning and to revise the application submittal requirements; and
WHEREAS, Section 30-295. – Hearing. is amended to provide a correct reference to the Planning Department and Director of Planning; and
WHEREAS, Section 30 -299. – Authority. is amended to provide a correct reference to the Director of Planning; and
WHEREAS, Section 30 -300. – Application. is amended to provide a correct reference to the Planning Department; and
WHEREAS, Section 30 -305. – Application. is amended to provide a correct reference to the Director of Planning and to omit inaccurate application procedur es for time extensions for tentative parcel map approvals; and
WHEREAS, Section 30-301. – Hearing. is amended to provide a correct reference to the Planning Department and Director of Planning; and
WHEREAS, Section 30-302. – Appeal. is amended to provide a correct reference to the Planning Department; and
WHEREAS, Section 30-304. – Authority. is amended to authorize the Director of Planning to approve a time extension for the approval of a tentative parcel map; and
WHEREAS, Section 30 -306. – Noticing. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -307. – Hearing. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -308. – Appeal. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -311. – Application. is amended to provide a correct reference to the Director of Planning and to omit inaccurate application procedures for time extensions for tentative tract map approvals; and
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Ordinance No. 1961
WHEREAS, Section 30 -312. – Noticing. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -313. – Hearing. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -315. – Purpose. is omitted as standards included are obsolete; and
WHEREAS, Section 3 0-316. – Authority. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -317. – Application. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -318. – Noticing. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -319. – Hearing. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -320. – Appeal. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -321. – Time limitation. is omitted as standards included are obsolete; and
WHEREAS, Section 30-326. – Development Regulations. is amended to modify the requirements for developments utilizing a Minor Planned Unit Development (PUD); and
WHEREAS, Section 30-336. – Purpose. is amended to modify the purpose of the provision of density bonuses; and
WHEREAS, Section 30 -338. – Application. is modified to replace application procedures with updated eligibility criteria for density bonuses; and
WHEREAS, Section 30-358. – Definitions. is amended to add a definition for bars, lounges and nightclubs to the Form-Based Code zoning district; and
WHEREAS, Table 30-359(b) in Section 30-359. – Uses permitted. is amended to include bars, lounges and nightclubs in the allowable uses in the Sierra Core, Gateway Core and Mixed-Use Core sub districts of the Form-Based Code zoning district with the approval of minor use permit; and
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Ordinance No. 1961
WHEREAS, Section 30-370. – Village District. is amended to modify the maximum rear setback in the Village district of the Form Based Code zoning district; and
WHEREAS, Section 30-386 – Shopfront. is amended to modify the requirements for ground floor transparency for the shopfront frontage type in the Form -Based Code zoning district; and
WHEREAS, Table 30 -430 in Section 30 -430. – Permitted Uses in Residential Zoning District. is amended to allow childcare facilities with a maximum of 14 persons by- right in residential zones, as required by State of California law; and
WHEREAS, Section 30-492(C) and 30-492(7) – Conditional use permit and minor use permit regulations. is amended to clarify the requirements for types of alcoholic beverage sales and to restrict the sale of certain single alcohol products; and
WHEREAS, State law requires zoning regulations to be consistent with the general plan and therefore updating the Code would contribute to consistency with the General Plan; and
WHEREAS, the amendments in MCA No. 24-005 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. 24-005 are 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. 24-005 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. 24-005 will better express the City’s policies and will generally promote good land use planning and regulation; and WHEREAS, on November 19, 2024, the Planning Commission held a public meeting on MCA No. 24-005 where it received evidence and public testimony on the Code amendments and recommended that the Fontana City Council (“City Council”) determine that the amendments are exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), 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 636
Ordinance No. 1961
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 November 19, 2024 and approved Resolution No. 2024-058 to recommend that the City Council approve the modifications to the Zoning and Development Code; and
WHEREAS, on December 10, 2024, the City Council held a public hearing on MCA No. 24-005 where City Council received evidence and public testimony pertaining to the Zoning and Development Code amendments and documentation from the Planning Commission’s public hearing on November 19, 2024; and
WHEREAS, the City Council carefully considered all information pertaining to MCA No. 24-005 that was presented at its public hearing on December 10, 2024; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follow
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 an 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, as implementation of this Ordinance is to improve the environment.
Section 3. Development Code Amendment Findings . The City Council hereby makes the following findings for Municipal Code Amendment No. 24-005 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 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.
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Ordinance No. 1961
Findings of Fact: The Municipal code amendments clarify and streamline the City’s development requirements and processes and facilitate housing and commercial development. As such, the municipal code amendments promote the General Plan goals of adequate housing t o meet the needs of all residents in Fontana . Furthermore, the amendments promote a diversified economy.
Section 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves the amendments as set forth in MCA No. 24-005, 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 10th day of December 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 introduc ed at a regular meeting on 638
Ordinance No. 1961
the 10th day of December 2024, and was finally passed and adopted not less than five days thereafter on the 28th day of January 2025, 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
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Ordinance No. 1961
“EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(*Additions shown in underline, deletions shown in strikeout)
Sec. 30-118. – Application
An application for a design review shall be filed with the Planning Division Department in a manner prescribed by the Director of Community Development Planning, including, but not limited to, plans and elevations. Further, any improvements which are depicted and approved as part of the design review on any colored rendering, elevation, or drawing which is presented in conjunction with a development application, sh all be installed pursuant to the approved plans.
Sec. 30-124. – Time limitations.
Each design review approval granted under this article shall become null and void two years after the date of approval, unless:
(1) The appropriate permits have been obtained and construction, defined permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within the two years period.
(2) A vesting tentative tract or parcel map is approved concurrently with the Design Review item. In such cases, the Design Review approval period shall be valid pursuant to the time limits prescribed by Division No. 11 21, of this article herein.
(3) Any valid design review in effect at the date of adoption of this section shall remain valid for a period of two years from the date of that design review approval. A one- time two-year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.
Sec. 30-127. – Application
An application for a design review , amendment shall be filed with the Planning Division Department in a manner prescribed by the Director of Community Development Planning, including, but not limited to, plans and elevations. Further, any improvements which are depicted and approved as part of the design review, amendment on any colored rendering, elevation, or drawing which is presented in conjunction with a development application, shall be installed pursuant to the approved plans.
Sec. 30-133. – Time limitations.
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Ordinance No. 1961
Each design review , amendment approval granted under this article shall become null and void two years after the date of approval, unless:
(1) The appropriate permits have been obtained and construction, defined permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within the two years period.
(2) A vesting tentative tract or parcel map is approved concurrently with the Design Review item. In such cases, the Design Revi ew approval period shall be valid pursuant to the time limits prescribed by Division No. 11 21, of this article herein.
(3) Any valid design review, amendment in effect at the date of adoption of this section shall remain valid for a period of two years from the date of that design review approval. A one -time two -year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site p lan or elevations shall require Planning Commission approval.
Sec. 30-138. – Application.
An application for a design review , modification shall be filed with the Planning Division Department in a manner prescribed by the Director of Community Development Planning, including, but not limited to, plans and elevations. Further, any improvements which are depicted and approved as part of the design review, modification on any colored rendering, elevation, or drawing which is presented in conjunctio n with a development application, shall be installed pursuant to the approved plans.
Sec. 30-154. – Time Limitations.
Any conditional use permit granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two years months after the effective date of the approval. No permittee shall obtain any right solely by reason of such conditional use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced.
Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:
(1) For a conditional use permit for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the conditional use permit has commenced within such time period.
(2) In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the conditional use pe rmit item, the final map has been recorded within such time period.
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(3) In addition, for a conditional use permit for which a building permit is required to comply with any condition of the conditional use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on -site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.
(4) An extension of up t o two years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Department for a time extension 30 60 days prior to the original time limit expiring.
Appeals of the Director of Planning's decision shall be made to the Planning Commission as set forth in Division No. 5, of this articl e herein.
Sec. 30-209. – Noticing.
Notice of hearings for minor use permit modification an administrative variance shall be as set forth in Division 4, of this article herein.
Sec. 30-212. Time limitations.
Each administrative variance granted under the provisions of this article shall become null and void two years after the date of the action approving the administrative variance unless:
(1) The construction authorized by the administrative variance or permit has been commenced within two years after the granting of the administrative variance and diligently advanced to completion; or
(2) The occupancy of land or buildings authorized by the administrative variance has taken place within two years after the granting of the administrative variance; or
(3) The decision approving an administrative variance contains in its findings and conditions specific authority for extending the time limit defined; or
(4) The Community Development Director Director of Planning finds that circumstances beyond the control of the applicant have caused delays which do not permit compliance with the time limits established, in which case a one-time two-year time extension may be granted by the Director of Planning. 642
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Sec. 30-222. Time limitation.
Each variance, major granted under the provisions of this article shall become null and void two years after the date of the action approving the variance, major unless:
(1) The construction authorized by the variance, major or permit has been commenced within two years after the granting of the variance, major and diligently advanced to completion; or
(2) The occupancy of land or buildings authorized by the variance, major has taken place within two years after the granting of the variance, major; or
(3) The decision approving a variance, major contains in its findings and conditions specific authority for extending the time limit defined; or
(4) The Planning Commission Director of Planning finds that circumstances beyond the control of the applicant have caused delays which do not permit compliance with the time limits established, in which case a one-time two-year time extension may be granted by the Director of Planning.
Sec. 30-12. List of definitions.
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Food Truck means an operational licensed motorized vehicle, or a trailer that is hauled by an operational licensed motorized vehicle, that has been converted for the express purpose of storage and sale of food. Food trucks may, but are not required to, include facilities and equipment for food preparation.
Food Truck Temporary Use Permit means an annual permit that allows one food truck vendor to prepare and sell food within an approved food truck at an approved site. …
Impound means to seize or take custody of a vehicle of any kind, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively “Items) because of a violation of any applicable law or regulation.
…
Lunch Truck means a food truck that provides service only to employees of legally established industrial businesses and active construction site, visits multiple sites per day and is typically not parked at any one location for longer than 30 minutes. …
(Remaining text of Sec. 30-12 will remain unmodified)
Sec. 30-256. - Types of temporary use applications and conditions.
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A temporary use permit shall be required for the following activities and shall be subject to conditions established herein and any other addition al conditions as may be prescribed by the Director of Planning Community Development. All such uses shall be subject to the sign regulations within Chapter 3 and zoning regulations within Chapter 30 of the Municipal Code.
(1) Outdoor display of merchandise/p arking lot and private sidewalk sales for businesses located within a commercially designated property are limited to six display periods per calendar year. Industrial designated parcels used for wholesale/retail are permitted up to a total of six such outdoor displays per parcel per calendar year. The display periods may run consecutively or be distributed throughout the year. Each display period shall be a continuous period of days not to exceed seven days in length. The temporary use permit shall be subj ect to the following conditions:
a. The display of merchandise outside of a building shall be permitted only during the hours of operation of the store. All goods and merchandise shall be placed inside of the building following the close of the day's busine ss, except as otherwise approved in writing by the Director of Planning Community Development.
b. No merchandise or goods shall be placed upon or permitted to project into any street, public sidewalk, or public right -of-way, nor restrict or interfere with handicapped parking or access to the commercial establishment(s) on site. The temporary use permit may allow the temporary occupation of on -site private sidewalks, parking stalls and drive aisles, however adequate drive aisles and on-site circulation shall be maintained at all times for safe and functional ingress and egress, handicapped access to handicapped parking spaces, and emergency equipment access. Tent sale area shall be physically delineated between pedestrian access and vehicular access ways.
c. Tents, canopies, awnings, covers or other temporary covering devices may be approved by the Director of Planning Community Development on a case-by- case basis only in conjunction with the outdoor display of merchandise/parking lot or private sidewalk sales. If a tent, canopy, awning, or other temporary covering device is approved, prior to its use or installation the applicant shall obtain a permit for said device from the Building Official and/or Fire Marshal.
Said device shall be constructed and installed to comply with all safety requirements.
d. This section shall not be construed to permit the permanent or temporary storage of goods or equipment when otherwise prohibited by other provisions in this chapter.
(2) Outdoor art and craft shows and exhibits subject to not more than 15 days of operation or exhibition in any 90-day period.
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(3) Seasonal retail sale of agricultural products limited to periods of 90 days in a calendar year and when parking and access is provided to the satisfaction of the Director of Planning Community Development.
• A minimum of ten on-site parking spaces shall be provided with provisions for controlled ingress and egress to the satisfaction of the Director of Planning Community Development.
(4) Religious, patriotic, historic, or other similar displays or exhibits within yards, parking areas, or landscaped areas, subject to not more than 15 days of display in any 90-day period for each exhibit.
(5) Christmas Trees or pumpkin and fireworks, and seasonal sales lots subject to the following guidelines and conditions:
a. All such uses shall be limited to 30 days of operation per calendar year.
b. All lighting shall be directed away from and shielded from adjacent residential areas.
c. Adequate provisions for traffic circulation, off -street parking, and pedestrian safety shall be provided to the satisfaction of the Director of Planning Community Development.
(6) Circuses, carnivals, rodeos, pony riding, special event tents, or similar traveling amusement enterprises are subject to the following guidelines and conditions:
a. All such uses shall be limited to not more than 15 days, or more than three weekends, of operation in any 180 -day period. To exceed this time limitation shall require the review and approval of a conditional use permit as prescribed in Division 12 of this article herein.
b. All such activities shall have a minimum setback of 100 feet from any residential area. This may be waived by the Director of Planning Community Development if no adverse impacts result.
c. Adequate provisions for traffic circulation, off -street parking, and pedestrian safety shall be provided to the satisfaction of th e Director of Planning Community Development.
d. Restrooms shall be provided onsite.
e. Security personnel may be required. The Police Department shall determine the level and type of security required.
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f. Special, designated parking accommodating for amuseme nt enterprise workers and support vehicles shall be provided.
g. Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the Director of Planning Community Development.
h. The applicant shall be required to submit plan s for approval of tents and site plan by the Building Official and/or Fire Marshal 90 days prior to the special event being held. The tent must meet all Uniform Building Codes and applicable City codes.
i. Approval from the Police Department (PD) is required; moreover, finger printing through PD may be necessary.
(7) Model homes may be used as offices solely for the first sale of homes within a recorded tract subject to the following conditions:
a. The sales office may be located in a garage, trailer, or dwelling.
b. Approval shall be for a two-year period; at which time the sales office use shall be terminated and the structure restored back to its original condition.
Extensions may be granted by the Director of Planning Community Development in one-year increments up to a maximum of four years or until 90 percent of the development is sold; whichever is less.
c. A cash deposit shall be submitted to the City of Fontana, in an amount to be set by Council resolution, to ensure the restoration of removal of the structure.
d. The sales office is to be used only for transactions involving the sale, rent, or lease of lots and/or structures within the tract in which the sales office is located, contiguous tracts, or a plan ned community. Notwithstanding the above, the Director of Planning Community Development may consider off -site model home sales offices subject to the granting of a minor use permit per Division 13 of this article herein. Where a legal, previously approved minor use permit exists, the minor use permit may be revised to incorporate other recorded tracts as needed.
e. Failure to terminate sales office and restore structure or failure to apply for an extension on or before the expiration date will result in for feiture of the cash deposit, a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of structure.
f. Street improvements and temporary parking at a rate of two spaces per model shall be comple ted to the satisfaction of the City Engineer and Director of Planning Community Development prior to commencement of sales activities or the display of model homes. The parking spaces shall be located within an 646
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off-street facility, except on -street parking may be permitted subject to the following conditions:
1. The sales office, models, and on -street parking spaces shall be located at the end of a cul -de-sac street and coordinated with construction phasing such that there are no resident homeowners living i n homes located adjacent to the gated, secured area of the street.
2. The parking stalls shall be adequately striped and shall conform to City standards.
3. Parking shall be permitted only within and on the project site. Parking along adjacent or perimeter streets (public or private) shall not be used to satisfy the model home sale parking requirement.
4. Temporary landscaping, including minimum 48 -inch box tre es, shall be provided within the on-street parking area.
g. All fences proposed in conjunction with the model homes and sales office shall be located outside of the public right -of-way, except where approved by the Director of Planning Community Development and City Engineer for security.
h. Use of signs shall require submission of a sign permit application for review and approval by the Director of Planning Community Development.
(8) Trailer coaches or mobile homes on active construction sites for use as a construction office or temporary living quarters for security personnel. The following restrictions shall apply:
a. The Director of Planning Community Development may approve a temporary trailer for the duration of the construction project or for a specified p eriod, but in no event for more than two years. If exceptional circumstances exist, a one year extension may be granted, provided that the building permit for the first permanent dwelling or structure on the same site has also been extended.
b. Installation of trailer coaches may occur only after a valid building permit has been issued by the Planning Community Development Department.
c. Trailer coaches permitted pursuant to this section shall not exceed a maximum gross square footage of 650 square feet in size.
d. The trailer coach must have a valid California vehicle license and shall provide evidence of State Division of Housing approval as prescribed in the Health and Safety Code of the State of California. A recreational vehicle being defined as a motor ho me, travel trailer, truck camper or camping trailer, with or without motive power, shall not be permitted pursuant to this section. 647
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e. The temporary trailer coach installation must meet all requirements and regulations of the County Department of Environmental Health Services and the Planning Community Development Department.
f. Any permit issued pursuant to this section in conjunction wit h a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted.
(9) Tent, canopies, awnings and easy -ups associated with any retail sales event are prohibited unless engineering plans signed by a certified engineer demonstrate the tent, canopy, awning or easy -up meets all Building and Safety Division requirements.
(10) Temporary storage containers for seasonal sales may be approved from October 31, until January 31 and not to exceed 90 days. Approval of a site plan exhibit shall be approved demonstrating adequate parking is provided.
(11) Food trucks in accordance with Sec. 30-256(a).
(11 12) Other uses and activities th at may be needed on a temporary basis or similar to subsections (1) through ( 10 9) above as deemed appropriate by the Director of Planning Community Development.
Sec. 30-256(a). Food Truck Temporary Use Permit
(1) Permit Required. Except as otherwise provided by the City Code or state or federal law, a temporary use permit and business license is required for all food trucks, as defined herein, that operate within city limits. A food truck that operates without the required permit is subject to closure at any time. It shall be the responsibility of the applicant and/or food truck vendor to have the permit approval letter and business license on-site at all times during operation in city limits.
(2) Exemptions.
a. Properly licensed Lunch Trucks servicing employees of legally established industrial businesses and employees of active construction sites. A business license is required for Lunch Trucks prior to operation.
b. Food trucks hired to cater for one -day private parties held on private property. A business license is required for catering businesses prior to operation.
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(3) Time of Application. An application for a food truck temporary use permit must be submitted to the Planning Department in a complete form at least 60 calendar days in advance of the anticipated commencement date of the operation.
(4) Term of permit. Temporary use permits under this section shall automatically expire one year from the date of issuance unless an earlier expiration date is noted on the permit. Renewal applications must be submitted 30 calendar days prior to expiration of the permit.
(5) Operational Requirements. Food trucks operating under this section shall meet all the following requirements:
a. Shall operate on legally compliant properties with industrial land use designations only and shall have a solid paved parking area adequate to accommodate the food truck, customer parking and vehicle circulation.
b. Shall not permit parking on the street or in the public right-of-way.
c. Shall not operate within 50 feet of a fire hydrant.
d. Shall not operate within any public driveway, drive aisle, or vehicular entrance or exit.
e. Shall not vend on any public street, public right-of-way, or public park.
f. Shall not store, park or leave any equipment overnight on any public street, public right-of-way, or park.
g. Shall vend only between the hours of 10:00 am and 9:00 pm.
h. Shall not display or set up tables and chairs.
i. Shall provide a trash receptacle for customer use.
j. Shall ensure the area is free from trash and debris at all times.
k. Shall not allow any items relating to the operation of the business to b e placed anywhere other than in, on, or under the food truck (except for trash receptacles).
l. Shall not solicit or conduct business with persons in or on motor vehicles.
m. Shall not sell anything other than that which they are licensed to vend.
n. Shall not utilize sound amplification equipment, music, or live entertainment.
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o. Shall not utilize any form of directional signage.
p. Shall operate in compliance with the Americans with Disabilities Act (ADA).
(6) Application Requirements. All food truck vendors shall obtain a food truck Temporary Use Permit. Application materials shall include:
a. Detailed site plan (exhibit of proposed location) including the number of existing on-site parking spaces, location of parking spaces designated f or the food truck(s), location of food truck(s), and the location of trash receptacles.
b. Notarized affidavit from the property owner(s) acknowledging the applicant’s request and granting the applicant permission to park and vend at the location. If more th an one food truck is proposed to operate at the same site, each food truck vendor shall submit a separate application and will be subject to the standards referenced in Section 30-256(a).
c. Proof of legal vehicle registration.
d. Business description to include hours of operation, items to be sold, number of employees, description of food truck including photos, number of parking spaces existing on the proposed site.
e. A copy of the County of San Bernardino Environmental Health Services Health Permit.
f. Business License. Upon obtaining the food truck temporary use permit, the applicant shall obtain a business license.
g. Cleanup and waste disposal plan to the City of Fontana, Environmental Code Compliance Department with the following information:
i. Grey water disposal site
ii. Fats, oils, and grease (FOG) disposal container
iii. Fats, oils, and grease (FOG) disposal site
iv. Trailer washdown site
v. Trash, recycle, and organic receptacles
vi. Rubber mat to be placed underneath serving area
(7) Suspension; Recission.
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a. A food t ruck temporary use permit issued under this article may be temporarily suspended or permanently rescinded, at the Director of Planning’s discretion, for any of the following causes: fraud or misrepresentation in the course of vending, f raud or misrepresentation in the application for the permit, vending in violation of any one or more of the provisions of this article, vending in a manner that creates a public nuisance or constitutes a danger to the public, or failure to pay the applicab le business license tax.
b. Notice of the suspension or rescission of a food truck permit issued under this chapter shall be mailed, postage prepaid, to the holder of the food truck vendor permit at his or her last known address and the property owners on whose property the truck has been operating.
c. No person whose food truck permit has been rescinded pursuant to this article shall be issued a food truck permit for a period of two years following the date that revocation becomes final.
Sec. 30-257. Approval.
Upon receipt of a complete application for a temporary use permit Director's determination, the project will be reviewed by planning staff for the Director's Director of Planning’s approval.
Sec. 30-258. - Appeal.
The decision of the Director of Community Development Planning shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 4, herein.
Sec. 30-282. – Application.
An application for a tentative parcel map shall be filed with the Planning Division Department in a manner prescribed by the Director of Community Development Planning, including, but not limited to, plans.
Sec. 30-284. - Findings for approval.
The Dire ctor of Community Development Planning or designee shall make the findings identified in Chapter 26 before granting approval of a tentative parcel map application.
Sec. 30-285. - Noticing.
Notice of hearings for tentative parcel map modification shall be as set forth in Division 4, of this article herein.
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Sec. 30-286. - Hearing.
Upon receipt of a complete application for a time extension for tentative parcel map, a time and place for the hearing before the Director of Community Development Planning shall be set.
Sec. 30-287. – Appeal.
The decision of the Director of Community Development Planning shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.
Sec. 30-288. - Time limitations.
Each tentative tract parcel map approval granted under this article shall become null and void pursuant to the time limitation identified in Chapter 26.
Sec. 30-290. - Authority.
The Planning Commission is authorized to approve or deny applications for design review tentative tract maps , and to impose reasonable conditions upon such approval.
Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion.
Sec. 30-291. - Application.
An application for a design review tentative tract map shall be filed with the Planning Division in a manner prescribed by the Director of Community Development Planning, including, but not limited to, plans and elevations. Further, any improvements which are depicted and approved as part of the design review on any colored rendering, elevation, or drawing which is presented in conjunction with a development application, shall be installed pursuant to the approved plans.
Sec. 30-295. – Hearing.
Upon receipt of a complete application for time extension for project tentative tract map a time and place for the hearing before the Director of Community Development Planning Commission shall be set.
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Sec. 30-299. - Authority.
The Director of Community Development Planning or designee is authorized to approve or deny lot line adjustment applications.
Sec. 30-300. - Application.
Applications for a lot line adjustment shall be filed with the Planning Division Department upon such forms and accompanied by such data, information and fees as may be required by the Planning Division Department, to ensure a full presentation of the facts.
Sec. 30-301. – Approval.
Upon receipt of a complete application for a Director’s determinatio n lot line adjustment, the project will be reviewed by planning Planning staff for the Director’s approval.
Sec. 30-302. – Appeal.
The decision of the Director of Community Development Planning shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 4, herein.
Sec. 30-304. – Authority.
The Director of Community Development Planning or designee is authorized to approve or deny time extension for tentative parcel maps applications.
Sec. 30-305. – Application.
Applications for a time extension for tentative parcel map s shall be filed with the Planning Division Department upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division Department, to ensure a full presentation of the facts. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.
Sec. 30-306. – Noticing. Reserved.
Notice of hearings for minor use permit modification shall be as set forth in Division 4, of this article herein.
Sec. 30-307. – Hearing. Reserved.
Notice of hearings for minor use permit modification shall be as set forth in Division 4, of this article herein.
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Sec. 30-308. – Appeal. Reserved.
The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 4, herein.
Sec. 30-311. – Application.
Applications for time extension for tentative tract maps shall be filed with the Planning Division Department upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division Department, to ensure a full presentation of the facts. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.
Sec. 30-312. – Noticing.
Notice of hearings for minor use permit modification tentative tract map time extension shall be as set forth in Division 4, of this article herein.
Sec. 30-313. – Hearing.
Upon receipt of a complete application for a time extension for tentative tract map, a time and place for the hearing before the Director of Community Development Planning Commission shall be set.
Subdivision III. - Time Extension—Project
Sec. 30-315. - Purpose. Reserved.
The purpose and intent of a time extension is intended to provide the applicant additional time to complete a previously approved project required do to unforeseen circumstances.
Sec. 30-316. - Authority. Reserved.
The Director of Community Development or designee is authorized to approve or deny time extension for project applications.
Sec. 30-317. - Application. Reserved.
Applications for time extension for projects shall be filed with the Planning Division upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division, to ensure a full presentation of the facts. No application shall be considered by the Planning Commission until the application is determined to be complete and al l required fees have been paid to the City.
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Sec. 30-318. - Noticing. Reserved.
Notice of hearings for time extension for projects shall be as set forth in Division 5, of this article herein.
Sec. 30-319. - Hearing. Reserved.
Upon receipt of a complet e application for time extension for project a time and place for the hearing before the Director of Community Development shall be set.
Sec. 30-320. - Appeal. Reserved.
The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 4, herein.
Sec. 30-321. - Time limitation. Reserved.
Each time extension for project granted under the provisions of this article shall become null and void two years after the date of the action approving the time extension.
Sec. 30-326. Development regulations.
…
(2) Minor planned unit development. Where a conflict exists between the standards in this section and those pertaining to the underlying zoning distr ict, this section shall take precedence.
a. Area of project. Minor planned unit development projects shall be located on sites that meet the following criteria:
1. Located within one of the following zoning districts: the Medium Density Residential (R-2) zoning district.
i. Medium density residential (R-2) zoning districts, and
2. Located where at least 80 percent of the land within a 300-foot radius of the site has been developed, and where water, sewer, streets, schools and fire protection are provided.
3. Not larger than three acres in size.
b. Maximum density. The dwelling unit density shall not exceed a number of units as set forth in the zoning district in which the project is located, except in cases of utilizing units from any allowable density bonus program.
c. Minimum area and dimensions of lot.
1. The lot area, width and depth of individually owned parcels of land within the development shall be established as part of the minor planned unit development approval, with a maximum deviation of 20 percent from the 655
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requirements of the applicable zoning district unless otherwise appro ved by the Director of Planning., based on the following factors:
1. Topography of the land.
2. The ground area covered by individual dwellings and accessory structures.
3. Location of common open space, if provided, and its relationship to the dwelling to be served.
4. Aesthetic relationships between individual units and open spaces.
2. The lot width and depth shall meet the purpose of the Minor PUD and be approved by the Director of Planning as part of the minor planned unit development approval. Th e Director of Planning may, at his/her discretion, forward applications for deviations in excess of 20% to the Planning Commission for decision.
d. Yards and Setbacks. Front, side and rear yards setbacks shall be permitted to deviate from the requirements of the underlying zoning district . a maximum of 20 percent from the requirements of the applicable zoning district. Front, side, and rear yards shall be established as part of the minor planned unit development approval., However, the front, side and rear setbacks shall not be less than the following:
1. At no time shall the front setback be less than 15 feet between the front of the structure and the front property line.
2. At no time shall the rear setback be less than 10 feet between the rear of the structure and the rear property line.
3. At no time shall the side setback be less than 4 feet between the sides of the structure and the side property lines.
e. Lot coverage. Lot coverage shall be established as part of the minor planned unit development approval, with a maximum deviation of 20 percent from any applicable lot coverage of the zoning district.
f. Distance between buildings. The distance between any two buildi ngs within the project shall be established as part of the minor planned unit development approval but shall not be less than eight feet between the two structures.
g. Maximum building height. The maximum building height permitted in the zoning district shall apply.
h. Required on-site parking.
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1. The number of required parking spaces shall conform to provisions of Article XI.
2. The location and arrangement of parking shall be determined as part of the minor planned unit development approval.
…
r. Private open space. A minimum of 200 square feet of private open space shall be provided for each residential unit. Private open space shall be accessed directly from the ground floor of the dwelling unit and shall be outside of the minimum front setback.
[Remaining text of Section 30-326 will remain, unmodified]
Sec. 30-336 – Purpose.
The purpose and intent of density bonus is to encourage the development of affordable housing in accordance with state law.
The purpose and intent of this section is to encourage the development of affordable residential units for a range of income levels within the City with the provision of incentives or concessions. In offering these incentives or concessions, this chapter is intended to implement the requirements of State law and the goals and policies of the City's general plan housing element.
Sec. 30-338.-Application. - Eligibility for bonus and incentives or concessions.
Application for density bonus shall be made in writing on forms provided for this purpose and shall set forth in detail information as may be required and shall be accompanied by the required filing fee.
To be eligible for a density bonus and/or other incentives or concessions as provided by this chapter, a proposed residential development project shall:
(a) Consist of five (5) or more dwelling units; and
(b) Provide for the construction of one or more of the following within the development:
(1) A minimum of five percent (5%) of the total units of a housing development for very low -income households, as defined in H ealth and Safety Code section 50105; or
(2) A minimum of ten percent (10%) of the total units of a housing development for lower income households, as defined in Health and Safety Code section 50079.5; or
(3) A minimum of ten percent (10%) of the total dwelling units in a condominium project or in a planned development as defined in Civil Code subsection 657
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1351(f) and (k), respectively, for persons and families of moderate income, as defined in Health and Safety Code section 50093, provided that all units in the development are offered to the public for purchase; or
(4) A minimum of twenty percent (20%) of the total units for lower income students in a student housing development that meets the following requirements:
i. All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Co lleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are insufficient students enrolled in an institution of higher education to fill all units in the student housing development.
ii. The applicable 20 -percent units shall be u sed for lower income students.
iii. The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.
iv. The development shall p rovide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause.
(5) Ten percent (10%) of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 o f the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney -Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph are subject to a recorded a ffordability restriction of 55 years 658
Ordinance No. 1961
and shall be provided at the same affordability level as very low -income units; or
(6) One hundred percent (100%) of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code; or
(7) A senior citizen housing development, as defined in Sections 51.3 and
51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older pers ons pursuant to Section 798.76 or 799.5 of the Civil Code.
(c) A density bonus and any associated incentives and concessions provided for the provision of affordable units and a density bonus utilizing units from the No Net Loss Program shall be mutually exclusive.
Sec. 30-358. - List of definitions.
***
Banquet hall means a room or building for the purpose of hosting a party, banquet, wedding or other reception, or another social event.
Bars, lounges, nightclubs, means an establishment where people gather to drink (alcohol). The establishment shall operate in compliance with any on-site consumption of alcoholic beverages, as licensed by the Alcoholic Beverage Control, and may offer facilities for dancing or performing floor shows.
Bed and breakfast establishment means one or more buildings containing a dwelling unit and not more than six guest rooms, where only breakfast or similar early morning meal is provided to registered guests and the price of the meal is included in the price of the accommodations. The relationship between the operator of the establishment and the occupants of the guest rooms must be that of innkeeper and gusts. Guest rooms are not to be rented for a period of less than 18 hours at a time. ***
[Remaining text of Section 30-358 will remain, unmodified]
Table No. 30-359.B.-Land Uses
Civi
c
Sierr
a
Core
Gatewa
y Core
Mixed
-Use
Core
Multi-
Famil
Neighborhoo
d Core
659
Ordinance No. 1961
Cor
e
y
Core
***
Alcoholic sales exclusively
for off-site consumption
— — M M — —
Bar, Lounge, or Nightclub
(with live entertainment)
— M M M — —
Bar, Lounge, or Nightclub
(without live entertainment)
— M M M — —
On-site sales in connection
w/restaurant
M M M M — —
Restaurant and café with
entertainment and/or
dancing
M M M — — —
Manufacturing, including
winery or micro -brewery
with tasting room and no
restaurant
M M M M — —
Micro-breweries in
connection with restaurant
(Brew Pub)
M M M M — —
Micro-breweries without
tasting room
— — — — — —
***
[Remaining text of Section 30-359.B will remain, unmodified]
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
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
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Ordinance No. 1961
iv. Rear Yard --- --- 10
Sec. 30-386. – Shopfront.
…
Size
Ground floor transparency 80% 40% min.
…
[Remaining text of Section 30-386 will remain, unmodified]
Sec. 30-430. - Uses permitted.
(a) Uses by zoning district. Table No. 30-430 lists the uses permitted in each of the residential zoning districts. A "P" indicates a use is permitted by right, a "C" indicates the use requires the granting of a conditional use permit, and " —" means the use is not permitted in that zoning district.
(b) Uses subject to specific requirements. Permitted uses marked with an asterisk "*" indicate that the use is subject to special use regulations in Section 30-432.
Conditional uses are subject to the provisions in Section 30-433.
Table No. 30-430
Permitted Uses in Residential Zoning Districts
Use R-E R-1 R-2 R-3 R-PC
…
B. Other Uses
…
Child care (eight to 14 persons) M P M P M P M P M P
…
[Remaining text of Section 30-430 will remain unmodified]
Sec. 30-492. – Conditional use permit and minor use permit regulations.
All uses marked with a "C" or "M" in Table No. 30 -459, must comply with the conditional use permit or minor use permits procedural requirements outlined in Article II, Divisions 12 and 13 of this chapter. In addition, certain conditional uses must comply with the specific development and operational standards outlined below.
***
(7) Alcoholic beverage sales. Any use that engages in on-site or off-site retail sales of alcoholic beverages and that is required to operate under a State Alcoholic Beverage Control (ABC) license shall be subject to the approval of conditional use permit or minor use permit. A conditional use permit or minor use permit shall be required for the following actions:
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Ordinance No. 1961
Table No. 30-492.C
Alcoholic Beverage Sales
An application for a new ABC license C
Any change in the type of existing ABC license with existing CUP C Premises-to-premises transfer of an existing ABC license with CUP P Any increase of floor area in an ABC licensed establishment C Any change in operating conditions from what was originally imposed by the City or by ABC, including, but not limited to, any change of hours of operation or entertainment
C
A request to establish live entertainment or dancing in an ABC licensed establishment
C
Any ABC licensed establishment not previously possessing a conditional use permit when there is an ownership change
C
a. Location requirements.
1. In judging requests for alcoholic beverage sales, of particular concern will be the physical relationship and proximity of the proposed use to that of similar uses on the same or surrounding sites; the compatibility of the proposed use with neighboring uses (i.e., schools, parks, religious institutions, hospitals and other similar us es), and that no adverse effect on public health, safety or welfare will be created.
2. A business where a new conditional use permit is requested, other than for a renewal or ownership transfer, for the sale of liquor should be a minimum of 600 feet away from an existing or proposed school, park, religious institution, hospital, youth facility, and other similar uses.
3. The proposed use shall not be incompatible with the adjoining uses as it relates to noise, debris, traffic, storage, design and hours of operat ion, nor shall it create any adverse effect on public health, safety or welfare.
4. All light standards shall be located so that lighting does not directly shine into adjoining residential properties. Any light pole within the parking area shall have a concrete or similar support base constructed to withstand light vehicle collisions.
5. The establishment shall be operated in such a manner that sound emitted from the premises shall not be audible beyond the boundaries on which it is located.
i. All doors to the buil ding shall remain closed except to allow for the entrance and exit of patrons and employees.
ii. Any such liquor sales use or similar use being established for the first time shall have no entrance or exit located within 100 feet of a residentially zoned or ut ilized property unless adequate sound attenuation measures have been undertaken or unless the entrance or exit is separated from the residentially zoned property by a public street.
b. Alcohol product sales requirements.
662
Ordinance No. 1961
1. The licensee shall not sell single bottles of wine in less than 750 ml. containers. Specialty or dessert wines which are only packaged in 375 milliliter bottles shall be permitted.
2. No distilled spirits shall be sold in bottles or containers smaller than 375 ml.
3. The sale of beer or malt beverages in single size containers of 40 ounces or less is prohibited.
4. The licensed premise shall not sell individual units of beer or wine from the manufacturer’s multi-unit packages (three-packs, four-packs, six-packs, etc.).
b. c. In the event the Director of Community Development Planning has determined that a party holding a conditional use permit at a given location is in violation of the conditions of the permit the Planning Commission, through the public hearing process, shall have the authority to terminate the conditional use until such time as the property has been brought into compliance and the applicant establishes that those conditions have been met.
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City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3331 Agenda Date: 11/19/2024
Agenda #: PH-D Category: Public Hearing
FROM:
Planning Department
TITLE:
Master Case No. 24-067 and Municipal Code Amendment No. 24-005: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code) including modifications to density bonuses, entitlement extension approvals and minor administrative cleanup items, restrictions on single-serving alcohol sales, premise-to-premise transfer of conditional use permits for alcohol sales, food truck standards, minor planned unit development standards, temporary use permits, in-home childcare facilities, permitted land uses in the Downtown Core, and Form-Based Code zoning district development standards, pursuant to a categorical exemption in accordance with CEQA Guidelines section 15060(c) and 15061(B)(3).
RECOMMENDATION:
Based on information on the staff report staff recommends that the Planning Commission adopt Resolution No. PC 2024-___; and,
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. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 24-005 to amend Chapter 30 of the Municipal Code.
APPLICANT:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:
Citywide
REQUEST:
A Municipal Code Amendment (MCA) No. 24-005, for amendments to Chapter 30 that will modify multiple sections of the Zoning and Development Code, including modifications to density bonuses, entitlement extension approvals and minor administrative cleanup items, restrictions on single- serving alcohol sales, premise-to-premise transfer of conditional use permits for alcohol sales, food truck standards, minor planned unit development standards, temporary use permits, in-home City of Fontana Printed on 11/14/2024Page 1 of 3
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File #: 21-3331 Agenda Date: 11/19/2024
Agenda #: PH-D Category: Public Hearing
truck standards, minor planned unit development standards, temporary use permits, in-home childcare facilities, permitted land uses in the Downtown Core, and Form-Based Code zoning district development standards.
PROJECT PLANNER:
Cecily Session-Goins, Associate Planner
BACKGROUND INFORMATION:
The City of Fontana Zoning and Development Code regulates the development of commercial, industrial, and residential projects. Staff conducts ongoing reviews of the municipal code to determine where language within the code would benefit from updates, clarification, and/or redefinition to the help streamline zoning and facilitate the development process.
PROJECT DESCRIPTION:
The City initiated Municipal Code Amendment No. 24-005 to update Chapter 30 (Zoning and Development Code) as summarized below; a detailed list of the proposed amendments is provided within Exhibit “A” of the Planning Commission Resolution provided as Attachment No. 1.
ANALYSIS:
Density bonuses - Modifications to the density bonus regulations to align with State law and to make the provision for concessions for affordable housing developments not requesting a density bonus.
Entitlement extensions approved by the Director of Planning - Modifications to allow the Director of Planning to approve entitlement extensions without the need for a public hearing.
Minor Administrative Cleanups - Title changes from Community Development Director to Director of Planning to align with current department titles and other minor verbiage corrections.
Premises-to-premises transfer of an existing ABC license with CUP - Modification to remove an inconsistency in Table No. 30-492.C related to transfers of businesses wishing to sell or serve alcohol as site and location analysis is required for the establishment of alcohol sales.
Restrictions on the sale of single alcohol products - Modifications to include restrictions for the sale of single alcohol products to be consistent with the restrictions typically included as conditions of approval for new conditional use permits.
Development standards for Minor Planned Unit Development projects - Modifications to allow setbacks and lot dimensions to be customized and established as part of the Minor Planned Unit Development process, which will encourage innovative designs for residential developments in infill areas.
Food truck standards - Addition of standards allowing food truck operation with the approval of a temporary use permit within industrial areas, subject to certain provisions and regulations.
In-home childcare facilities in residential zones - Per State of California law, in-home childcare facilities in residential zones do not require a discretionary approval. The proposed modifications are City of Fontana Printed on 11/14/2024Page 2 of 3
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File #: 21-3331 Agenda Date: 11/19/2024
Agenda #: PH-D Category: Public Hearing
to make these childcare facilities allowable by-right.
Glazing opacity for the Shopfront frontage type in the Form-Based Code zone - Modifications to the requirements for glazing opacity to meet the intent of engaging building frontage facing the public right-of-way while creating allowances for creative building designs.
Maximum Building Setbacks in Form-Based Code zone - Modifications to the maximum building setback from the rear property line for developments in the Village District of the Form-Based Code zone to provide additional flexibility for site and building design.
Permitted uses in the Downtown Core - Amendments for the Downtown Core to allow bars, lounges and nightclubs within the Sierra Core, Gateway Core and Mixed-Use Core subdistricts consistent with the intent of revitalizing the Downtown by creating an active nightlife and destination area for residents and the region.
In summary, the proposed amendments will provide for flexibility and streamlining of the city’sZoning and Development Code to facilitate desirable development within the city.
MOTION:
Approve staff’s recommendation
ATTACHMENTS:
Attachment No. 1 - Planning Commission Resolution/ Exhibit A Attachment No. 2 - Notice of Exemption
Attachment No. 3 - Public Hearing Notice
City of Fontana Printed on 11/14/2024Page 3 of 3
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ATTACHMENT NO. 1
RESOLUTION PC NO. 2024 -____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FONTANA,
CALIFORNIA, RECOMMENDING THAT THE FONTANA CITY COUNCIL ADOPT AN
ORDINANCE APPROVING AMENDMENTS TO MULTIPLE SECTIONS OF THE ZONING AND DEVELOPMENT CODE, INCLUDING AMENDMENTS TO SEC. 30-12 TO ADD DEFINITIONS PERTAINING TO FOOD TRUCKS; SEC. 30-118 TO ACCURATELY NAME THE PLANNING DEPARTMENT AND DIRECTOR OF PLANNING; SEC. 30-124 TO REVISE A MUNICIPAL CODE SECTION REFERENCE; SEC. 30-127 TO ACCURATELY NAME THE PLANNING DEPARTMENT AND DIRECTOR OF PLANNING; SEC. 30-133 TO REVISE A MUNICIPAL CODE SECTION REFERENCE; SEC. 30 -138 TO ACCURATELY NAME THE PLANNING DEPARTMENT AND DIRE CTOR OF PLANNING; SEC. 30 -154 TO CORRECT A TYPOGRAPHICAL ERROR; SEC. 30-209 TO REVISE THE REFERENCED ENTITLEMENT; SECTIONS 30-212 TO AUTHORIZE THE DIRECTOR OF PLANNING TO APPROVE A ONE - TIME TWO -YEAR TIME EXTENSION FOR ADMINISTRATIVE AND MAJOR VARIANCES; SEC. 30-222 TO AUTHORIZE THE DIRECTOR OF PLANNING TO APPROVE A ONE -TIME TWO-YEAR TIME EXTENSION FOR ADMINISTRATIVE AND MAJOR VARIANCES; SEC. 30- 256 TO ACCURATELY NAME THE DIRECTOR OF PLANNING AND TO INCLUDE A FOOD TRUCK TEMPORARY USE; SEC. 30-256(A) FOR STAN DARDS AND PROCEDURES FOR FOOD TRUCK TEMPORARY USES; SEC. 30 -257 TO REVISE THE REFERENCED ENTITLEMENT AND ACCURATELY NAME THE DIRECTOR OF PLANNING; SEC. 30-258 TO ACCURATELY NAME THE DIRECTOR OF PLANNING; SEC. 30 -282 TO ACCURATELY NAME THE PLANNING DEPARTME NT AND DIRECTOR OF PLANNING; SEC. 30-284 TO ACCURATELY NAME THE DIRECTOR OF PLANNING; SEC. 30 -285 TO REVISE THE REFERENCED ENTITLEMENT; SEC. 30 -286 TO REVISE THE REFERENCED ENTITLEMENT; SEC. 30 -287 TO ACCURATELY NAME THE DIRECTOR OF PLANNING; SEC. 30-288 TO REVISE THE REFERENCED ENTITLEMENT; SEC. 30-290 TO REVISE THE AUTHORIZED DECIDING BODY FOR TENTATIVE TRACT MAPS; SEC. 30 -291 TO
ACCURATELY NAME THE DIRECTOR OF PLANNING AND THE ASSOCIATED ENTITLEMENT; SEC. 30 -295 TO REVISE THE REFERENCED ENTITLEMENT AND ACCURATELY NAME THE DIRECTOR OF PLANNING; SEC. 30 -299 TO ACCURATELY NAME THE DIRECTOR OF PLANNING; SEC. 30 -300 TO ACCURATELY NAME THE DIRECTOR OF PLANNING AND THE ASSOCIATED ENTITLEMENT; SEC. 30-301 TO REVISE
THE REFERENCED ENTITLEMENT AND ACCURATELY NAME THE DIRECTOR OF PLANNING; SEC. 30-302 TO ACCURATELY NAME THE DIRECTOR OF PLANNING; SEC. 30-304 TO ACCURATELY NAME THE DIRECTOR OF PLANNING; SEC. 30 -305 TO ADD DIRECTOR OF PLANNING’S TITLE AND TO REVISE APPLICAT ION PROCEDURES; SEC. 30-306 TO OMIT AN OBSOLETE STANDARD; SEC. 30 -307 TO OMIT AN OBSOLETE STANDARD; SEC. 30-308 TO OMIT AN OBSOLETE STANDARD; SEC. 30-310 TO REVISE
THE AUTHORITY OF THE PLANNING COMMISSION TO IMPOSE CONDITIONS OF APPROVAL FOR TIME EXTENSION S FOR TENTATIVE TRACT MAPS ; SEC. 30 -311 TO
ACCURATELY NAME THE PLANNING D EPEARMENT AND TO REVISE REQUIREMENTS ACCORDINGLY; SECTIONS 30-312, 30-313, 30-315, 30-316, 30-317, 30-318, 30-319, 30-320 AND 30-321 TO OMIT OBSOLETE REQUIREMENTS AND STANDARDS; SEC. 30-326 TO
REVISE DEVELOPMENT STANDARD DEVIATIONS ALLOWED AS PART OF THE MINOR PLANNED UNIT DEVELOPMENT APPROVAL; SECTIONS 30-336 AND 30 -338 TO AMEND
THE DENSITY BONUS AND AFFORDABLE HOUSING STANDARDS TO ALIGN WITH STATE LAW AND PROVIDE CONCESSIONS TO AFFORDABLE HOUSING DEVELOPMENTS; SEC. 4667
30-358 TO ADD A DEFINITION OF A BAR, LOUNGE AND NIGHTCLUB TO THE FORM - BASED CODE ZONE; SEC. 30 -359 TO ALLOW BARS, LOUNGES AND NIGHTCLUBS IN CERTAIN DISTRICTS OF THE DOWNTOWN CORE; SEC. 30-370 TO AMEND ALLOWABLE MAXIMUM SETBACKS IN THE VILLAGE DISTRICT OF THE FORM BASED CODE ZONE; SEC. 30 -386 TO AMEND THE GLAZING REQUIREMENTS FOR THE SHOPFRONT FRONTAGE TYPE IN THE FORM -BASED CODE ZONE; SEC. 30 -430 TO ALLOW CHILD
CARE FACILITIES WITH EIGHT TO FOURTEEN PERSONS IN RESIDENTIAL Z ONES, AS REQUIRED BY STATE LAW; SEC. 30-492(7) TO UPDATE ENTITLEMENT REQUIREMENTS
FOR THE SALE OF ALCOHOL AND TO PROVIDE RESTRICTIONS ON SINGLE -SERVING
ALCOHOL SALES, PURSUANT TO A CATEGORICAL EXEMPTION IN ACCORDANCE 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 authorize a city to codify and recodify its ordinances; and
WHEREAS, through Municipal Code Amendment (“MCA”) No. 24-005, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certai n ordinances codified in the Fontana Municipal Code (“FMC”); and
WHEREAS, the General Plan includes policies and actions calling for numerous updates to the FMC; and
WHEREAS, Section 30 -12. – List of definitions. is amended to include definitions pertaining to food trucks; and
WHEREAS, Section 30-118. – Application. is amended to provide a correct reference to the Planning Department and Director of Planning; and
WHEREAS, Section 30-127. – Application. is amended to provide a correct reference to the Planning Department and Director of Planning; and
WHEREAS, Section 30-138. – Application. is amended to provide a correct reference to the Planning Department and Director of Planning; and
WHEREAS, Section 30-124. – Time limitations. is amended to provide a correct reference to a related section of the Municipal Code; and
WHEREAS, Section 30-133. – Time limitations. is amended to provide a correct reference to a related section of the Municipal Code; and
WHEREAS, Section 30-154. – Time limitations. is amended to correct a typographical error; and
WHEREAS, Section 30 -209. – Time limitations. is amended to provide a correct entitlement reference; and
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WHEREAS, Section 30-212. Time limitations. is amended to give the Director of Planning the authority to approve time extensions for administrative variances; and
WHEREAS, Section 30-222. Time limitation. is amended to give the Director of Planning the authority to approve time extensions for major variances; and
WHEREAS, Section 30-256. – Types of temporary use applications and conditions . is amended to correct references to the Director of Planning and to include a temporary use permit for food trucks; and
WHEREAS, Section 30-256(a). – Food truck temporary use permit. is added to provide procedures and standards related to temporary use permits for food trucks; and
WHEREAS, Section 30-257. – Approval. is amended to provide a correct reference to the approval of temporary use permits; and
WHEREAS, Sec. 30-258. - Appeal. is amended to provide a correct reference to the Director of Planning; and
WHEREAS, Section 30 -285. - Noticing. is amended to provide a correct reference to tentative parcel maps; and
WHEREAS, Section 30 -286. - Hearing. is amended to provide a correct reference to tentative parcel maps; and
WHEREAS, Section 30-287. – Appeal. is amended to provide a correct reference to the Director of Planning; and
WHEREAS, Section 30-288. - Time limitations. is amended to provide a correct reference to tentative parcel maps; and
WHEREAS, Section 30-291. – Application. is amended to provide a correct reference to the Planning Department and Director of Planning; and
WHEREAS, Section 30-295. – Hearing. is amended to provide a correct reference to the Planning Department and Director of Planning; and
WHEREAS, Section 30-301. – Hearing. is amended to provide a correct reference to the Planning Department and Director of Planning; and
WHEREAS, Section 30-282. – Application. is amended to provide a correct reference to the Planning Department and Director of Planning; and
WHEREAS, Section 30-284. – Findings for approval. is amended to provide a correct reference to the Director of Planning; and
WHEREAS, Section 30-290. – Authority. is amended to provide a correct reference to tentative tract maps and update the authority of the Planning Commission; and
WHEREAS, Section 30-291. – Application. is amended to provide a correct reference to the Director of Planning and to revise the application submittal requirements; and 6669
WHEREAS, Section 30-299. – Authority. is amended to provide a correct reference to the Director of Planning; and
WHEREAS, Section 30-300. – Application. is amended to provide a correct reference to the Planning Department; and
WHEREAS, Section 30-305. – Application. is amended to provide a correct reference to the Director of Planning and to omit inaccurate application procedures for time extensions for tentative parcel map approvals; and
WHEREAS, Section 30-311. – Application. is amended to provide a correct reference to the Director of Planning and to omit inaccurate application procedures for time extensions for tentative tract map approvals; and
WHEREAS, Section 30-302. – Appeal. is amended to provide a correct reference to the Planning Department; and
WHEREAS, Section 30-304. – Authority. is amended to authorize the Director of Planning to approve a time extension for the approval of a tentative parcel map; and
WHEREAS, Section 30 -306. – Noticing. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -307. – Hearing. is omitted as standards included are obsolete; and
WHEREAS, Section 30-308. – Appeal. is omitted as standards included are obsolete; and
WHEREAS, Section 30-310. – Authority. is amend the Planning Commission’s authority to impose conditions of approval for a time extension of a tentative tract map; and
WHEREAS, Section 30 -312. – Noticing. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -313. – Hearing. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -315. – Purpose. is omitted as standards included are obsolete; and
WHEREAS, Section 30-316. – Authority. is omitted as standards included are obsolete; and
WHEREAS, Section 30-317. – Application. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -318. – Noticing. is omitted as standards i ncluded are obsolete; and
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WHEREAS, Section 30 -319. – Hearing. is omitted as standards included are obsolete; and
WHEREAS, Section 30-320. – Appeal. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -321. – Time limitation. is omitted as standards included are obsolete; and
WHEREAS, Section 30 -326. – Development Regulations. is amended to modify the requirements for developments utilizing a Minor Planned Unit Development (PUD); and
WHEREAS, Section 30-336. – Purpose. is amended to modify the purpose of the provision of density bonuses; and
WHEREAS, Section 30-338. – Application. is modified to replace application procedures with updated eligibility criteria for density bonuses; and
WHEREAS, Section 30-358. – Definitions. is amended to add a definition for bars, lounges and nightclubs to the Form-Based Code zoning district; and
WHEREAS, Table 30-359(b) in Section 30-359. – Uses permitted. is amended to include bars, lounges and nightclubs in the allowable uses in the Sierra Core, Gateway Core and Mixed- Use Core subdistricts of the Form -Based Code zoning district with the approval of minor use permit; and
WHEREAS, Section 30-370. – Village District. is amended to modify the maximum rear setback in the Village district of the Form Based Code zoning district; and
WHEREAS, Section 30 -386 – Shopfront. is amended to modify the requirements for ground floor transparency for the shopfront frontage type in the Form-Based Code zoning district; and
WHEREAS, Table 30 -430 in Section 30 -430. – Permitted Uses in Residential Zoning District. is amended to allow childcare facilities with a maximum of 14 persons by-right in residential zones, as required by State of California law; and
WHEREAS, Section 30-492(7) – Conditional use permit and minor use permit regulations. is amended to clarify the requirements for types of alcoholic beverage sales and to restrict the sale of certain single alcohol products; and
WHEREAS, the Planning Commission recommends that the Fontana City Council (“City Council”) determine that the amendments qualify for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 1506 0(c), 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA. Furthermore, Planning Commission recommends that City Council finds that the amendments are 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
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WHEREAS, on November 19, 2024, the Planning Commission carefully considered all information pertaining to the municipal code amendments, including the staff report, and all the information, evidence, and testimony presented at its public hearing on November 19, 2024; and
WHEREAS, the amendments are consistent and compatible with the General Plan and that the updates 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 will be in conformity with appropriate land use practices and will establish appropriate development standards for the land use designations; and
WHEREAS, the amendment s to the FMC that are attached hereto as Exhibit “A” and incorporated herein by this reference will not be detrimental to the public health, safety, and general welfare, and will not adversely affect the orderly development of property, and will better express the City’s policies, and generally promote good land use planning and regulation; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the Planning Commission RESOLVES as follows:
Section 1. Recitals. The above recitals are true, correct and incorporated herein by reference.
Section 2. CEQA. The Planning Commission hereby recommends that the City Council determine that this ordinance 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 Impl ementing 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. Wher e 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; therefore, a Notice of Exemption has been prepared.
Section 3. Municipal Code Amen dment. The Planning Commission hereby makes the following finding for MCA No. 24 -005 in accordance with Section 30 -45(b) “Hearing-Planning Commission” development code amendments of the Fontana Zoning and Development Code:
Finding: The proposal substantially promotes the goals of the City’s general plan.
Finding of Fact: The proposed Municipal Code Amendments will clarify and streamline the City’s development requirements and processes and facilitate housing and civic and commercial development . As such, they promote the General Plan goals of adequate housing to meet the needs of all residents in Fontana and promoting a diversified economy.
Section 4. Recommendation of Approval. Based on the foregoing, the Planning Commission hereby recommends that the City Council adopt an ordinance approving MCA No. 24-005 to amend Chapter 30 of the City Code as indicated in Exhibit “A” which is attached hereto 9672
and incorporated herein by reference.
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 Secretary of the Planning Commission shall certify to the adoption of this Resolution.
Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption.
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 invalid ity shall not affect any other provisions or applications of this Resolution that can be given effect without the invalid provision or application.
APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 19th day of November 2024.
City of Fontana
___________________________
Cathline Fort, Chairperson
ATTEST:
I, Ricardo Quintana , Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 19th day of November 2024, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Ricardo Quintana, Secretary
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“EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(*Additions shown in underline, deletions shown in strikeout)
Sec. 30-118. – Application
An application for a design review shall be filed with the Planning Division Department in a manner prescribed by the Director of Community Development Planning, including, but not limited to, plans and elevations. Further, any improvements which are depicted and approved as part of the design review on any colored rendering, elevation, or drawing which is presented in conjunction with a development application, shall be installed pursuant to the approved plans.
Sec. 30-124. – Time limitations.
Each design review approval granted under this article shall become null and void two years after the date of approval, unless:
(1) The appropriate permits have been obtained and construction, defined permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within the two year s period.
(2) A vesting tentative tract or parcel map is approved concurrently with the Design Review item. In such cases, the Design Review approval period shall be valid pursuant to the time limits prescribed by Division No. 11 21, of this article herein.
(3) Any valid design review in effect at the date of adoption of this section shall remain valid for a period of two years from the date of that design review approval. A one-time two- year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.
Sec. 30-127. – Application
An application for a design review , amendment shall be filed with the Planning Division Department in a manner prescribed by the Director of Community Development Planning, including, but not limited to, plans and elevations. Further, any improvements which are depicted and approved as part of the design review, amendment on any colored rendering, elevation, or drawing which is presented in conjunction with a development application, shall be installed pursuant to the approved plans.
Sec. 30-133. – Time limitations.
Each design review, amendment approval granted under this article shall become null and void two years after the date of approval, unless:
(1) The appropriate permits have been obtained and construction, defined permit obtainment, commencement of construction of the primary building on site and successful completion of the first Building and Safety Division inspection has commenced within the two year s period.
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(2) A vesting tentative tract or parcel map is approved concurrently with the Design Review item. In such cases, the Design Review approval period shall be valid pursuant to the time limits prescribed by Division No. 11 21, of this article herein.
(3) Any valid design review, amendment in effect at the date of adoption of this section shall remain valid for a period of two years from the date of that design review approval. A one- time two-year extension may be granted by the Director of Planning provided there are no changes to the originally approved site plan and elevations. An extension request with any proposed change to the site plan or elevations shall require Planning Commission approval.
Sec. 30-138. – Application.
An application for a design review , modification shall be filed with the Planning Division Department in a manner prescribed by the Director of Community Development Planning, including, but not limited to, plans and elevations. Further, any improvements which are depicted and approved as part of the design review, modification on any colored rendering, elevation, or drawing which is presented in conjunction with a development application, shall be installed pursuant to the approved plans.
Sec. 30-154. – Time Limitations.
Any conditional use permit granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two years months after the effective date of the approval. No permittee shall obtain any right solely by reason of such conditional use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:
(1) For a conditional use permit for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the conditional use permit has commenced within such time period.
(2) In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the conditional use permit item, the final map has been recorded within such time period.
(3) In addition, for a conditional use permit for which a building permit is required to comply with any condition of the conditional use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.
(4) An extension of up to two years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a showing by the applicant of unavoidable delay not caused by the applicant.
An applicant for an extension of this time limit must submit a written request to the Planning Department for a time extension 30 60 days prior to the original time limit expiring. Appeals o f the Director of Planning's decision 12675
shall be made to the Planning Commission as set forth in Division No. 5, of this article herein.
Sec. 30-209. – Noticing.
Notice of hearings for minor use permit modification an administrative variance shall be as set forth in Division 4, of this article herein.
Sec. 30-212. Time limitations.
Each administrative variance granted under the provisions of this article shall become null and void two years after the date of the action approving the administrative variance unless:
(1) The construction authorized by the administrative variance or permit has been commenced within two years after the granting of the administrative variance and diligently advanced to completion; or
(2) The occupancy of land or buildings authorized by the administrative variance has taken place within two years after the granting of the administrative variance; or
(3) The decision approving an administrative variance contains in its findings and conditions specific authority for extending the time limit defined; or
(4) The Community Development Director Director of Planning finds that circumstances beyond the control of the applicant have caused delays which do not permit compliance with the time limits established, in which case a one-time two-year time extension may be granted by the Director of Planning.
Sec. 30-222. Time limitation.
Each variance, major granted under the provisions of this article shall become null and void two years after the date of the action approving the variance, major unless:
(1) The construction authorized by the variance, major or permit has been commenced within two years after the granting of the variance, major and diligently advanced to completion; or
(2) The occupancy of land or buildings authorized by the variance, major has taken place within two years after the granting of the variance, major; or
(3) The decision approving a variance, major contains in its findings and conditions specific authority for extending the time limit defined; or
(4) The Planning Commission Director of Planning finds that circumstances beyond the control of the applicant have caused delays which do not permit compliance with the 13676
time limits established, in which case a one-time two-year time extension may be granted by the Director of Planning.
Sec. 30-12. List of definitions.
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Food Truck means an operational licensed motorized vehicle, or a trailer that is hauled by an operational licensed motorized vehicle, that has been converted for the express purpose of storage and sale of food. Food trucks m ay, but are not required to, include facilities and equipment for food preparation.
Food Truck Temporary Use Permit means an annual permit that allows one food truck vendor to prepare and sell food within an approved food truck at an approved site. …
Impound means to seize or take custody of a vehicle of any kind, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively “Items) because of a violation of any applicable law or regulation.
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Lunch Truck means a food truck that provides service only to employees of legally established industrial businesses and active construction site, visits multiple sites per day and is typically not parked at any one location for longer than 30 minutes. …
(Remaining text of Sec. 30-12 will remain unmodified)
Sec. 30-256. - Types of temporary use applications and conditions.
A temporary use permit shall be required for the following activities and shall be subject to conditions established herein and any other additional conditions as may be prescribed by the Director of Planning Community Development . All such uses shall be s ubject to the sign regulations within Chapter 3 and zoning regulations within Chapter 30 of the Municipal Code.
(1) Outdoor display of merchandise/parking lot and private sidewalk sales for businesses located within a commercially designated property are lim ited to six display periods per calendar year. Industrial designated parcels used for wholesale/retail are permitted up to a total of six such outdoor displays per parcel per calendar year. The display periods may run consecutively or be distributed throug hout the year. Each display period shall be a continuous period of days not to exceed seven days in length. The temporary use permit shall be subject to the following conditions:
a. The display of merchandise outside of a building shall be permitted only during the hours of operation of the store. All goods and merchandise shall be placed inside of the building following the close of the day's business, except as otherwise approved in writing by the Director of Planning Community Development.
b. No merchandise or goods shall be placed upon or permitted to project into any street, public sidewalk, or public right -of-way, nor restrict or interfere with handicapped parking or access to the commercial establishment(s) on site. The temporary use permit may allow the temporary occupation of on-site private sidewalks, parking stalls and drive aisles, however adequate drive aisles and on -site circulation shall be maintained at all times for safe and functional ingress and egress, handicapped access 14677
to handicapped parking spaces, and emergency equipment access. Tent sale area shall be physically delineated between pedestrian access and vehicular access ways.
c. Tents, canopies, awnings, covers or o ther temporary covering devices may be approved by the Director of Planning Community Development on a case -by-case basis only in conjunction with the outdoor display of merchandise/parking lot or private sidewalk sales. If a tent, canopy, awning, or other temporary covering device is approved, prior to its use or installation the applicant shall obtain a permit for said device from the Building Official and/or Fire Marshal. Said device shall be constructed and installed to comply with all safety requirements.
d. This section shall not be construed to permit the permanent or temporary storage of goods or equipment when otherwise prohibited by other provisions in this chapter.
(2) Outdoor art and craft shows and exhibits subject to not more than 15 days of operation or exhibition in any 90-day period.
(3) Seasonal retail sale of agricultural products limited to periods of 90 days in a calendar year and when parking and access is provided to the satisfaction of the Director of Planning Community Development.
• A m inimum of ten on -site parking spaces shall be provided with provisions for controlled ingress and egress to the satisfaction of the Director of Planning Community Development.
(4) Religious, patriotic, historic, or other similar displays or exhibits within yards, parking areas, or landscaped areas, subject to not more than 15 days of display in any 90 -day period for each exhibit.
(5) Christmas Trees or pumpkin and fireworks, and seasonal sales lots subject to the following guidelines and conditions:
a. All such uses shall be limited to 30 days of operation per calendar year.
b. All lighting shall be directed away from and shielded from adjacent residential areas.
c. Adequate provisions for traffic circulation, off -street parking, and pedestrian safety shall be provided to the satisfaction of the Director of Planning Community Development.
(6) Circuses, carnivals, rodeos, pony riding, special event tents, or similar traveling amusement enterprises are subject to the following guidelines and conditions:
a. All such uses shall be limited to not more than 15 days, or more than three weekends, of operation in any 180 -day period. To exceed this time limitation shall require the review and approval of a conditional use permit as prescribed in Division 12 of this article herein.
b. All such activities shall have a minimum setback of 100 feet from any residential area.
This may be waived by the Director of Planning Community Development if no adverse impacts result.
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c. Adequate provisions for traffic circulation, off -street parking, and pedestrian safety shall be provided to the satisfaction of the Director of Planning Community Development.
d. Restrooms shall be provided onsite.
e. Security personnel may be required. The Police Department shall determine the level and type of security required.
f. Special, designated parking accommodating for amusement enterprise workers and support vehicles shall be provided.
g. Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the Director of Planning Community Development.
h. The applicant shall be required to submit plans for approval of tents and site plan by the Building Official and/or Fire Marshal 90 days prior to the special event being held.
The tent must meet all Uniform Building Codes and applicable City codes.
i. Approval from the Police Department (PD) is required; moreover, finger printing through PD may be necessary.
(7) Model homes may be used as offices solely for the first sale of homes within a recorded tract subject to the following conditions:
a. The sales office may be located in a garage, trailer, or dwelling.
b. Approval shall be for a two -year period; at which time the sales office use shall be terminated and the structure restored back to its original condition. Extensions may be granted by the Director of Planning Community Development in one-year increments up to a maximum of four years or until 90 percent of the development is sold; whichever is less.
c. A cash deposit shall be submitted to the City of Fontana, in an amount to be set by Council resolution, to ensure the restoration of removal of the structure.
d. The sales office is to be used only for transactions involving the sale, rent, or lease of lots and/or structures within the tract in which the sales office is located, contiguous tracts, or a planned community. Notwithstanding the above, the Director of Planning Community Development may consider off-site model home sales offices subject to the granting of a minor use permit per Division 13 of this article herein. Where a legal, previously approved minor use permit exists, the minor use permit may be rev ised to incorporate other recorded tracts as needed.
e. Failure to terminate sales office and restore structure or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site, and enfo rcement action to ensure restoration of structure.
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f. Street improvements and temporary parking at a rate of two spaces per model shall be completed to the satisfaction of the City Engineer and Director of Planning Community Development prior to commencement of sales activities or the display of model homes. The parking spaces shall be located within an off-street facility, except on-street parking may be permitted subject to the following conditions:
1. The sales office, models, and on-street parking spaces shall be located at the end of a cul -de-sac street and coordinated with construction phasing such that there are no resident homeowners living in homes located adjacent to the gated, secured area of the street.
2. The parking stalls shall be adequately striped and shall conform to City standards.
3. Parking shall be permitted only within and on the project site. Parking along adjacent or perimeter streets (public or private) shall not be used to satisfy the model home sale parking requirement.
4. Temporary landscaping, including minimum 48 -inch box trees, shall be provided within the on-street parking area.
g. All fences proposed in conjunction with the model homes and sales office shall be located outside of the public right -of-way, except where approved by the Director of Planning Community Development and City Engineer for security.
h. Use of signs shall require submission of a sign permit application for review and approval by the Director of Planning Community Development.
(8) Trailer coaches or mobile homes on active construction sites for use as a construction office or temporary living quarters for security personnel. The following restrictions shall apply:
a. The Director of Planning Community Development may approve a temporary trailer for the duration of the construction project or for a specified period, but in no event for more than two years. If exceptional circumstances exist, a one year extension may be granted, provided that the building permit for the first permanent dwelling or structure on the same site has also been extended.
b. Installation of trailer coaches may occur only after a valid building permit has been issued by the Planning Community Development Department.
c. Trailer coaches permitted pursuant to this section shall not exceed a maximum gross square footage of 650 square feet in size.
d. The trailer coach must have a valid California vehicle license and shall provide evidence of State Division of Housing approval as prescribed in the Health and Safety Code of the State of California. A recreational vehicle being defined as a motor home, travel trailer, truck camper or camping trailer, with or without motive power, shall not be permitted pursuant to this section.
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e. The temporary trailer coach installation must meet all requirements and regulations of the County Department of Environmental Health Services and the Planning Community Development Department.
f. Any permit issued pursuant to this section in conjunction wi th a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted.
(9) Tent, canopies, awnings and easy -ups associ ated with any retail sales event are prohibited unless engineering plans signed by a certified engineer demonstrate the tent, canopy, awning or easy-up meets all Building and Safety Division requirements.
(10) Temporary storage containers for seasonal sales may be approved from October 31, until January 31 and not to exceed 90 days. Approval of a site plan exhibit shall be approved demonstrating adequate parking is provided.
(11) Food trucks in accordance with Sec. 30-256(a).
(11 12) Other uses and activities that may be needed on a temporary basis or similar to subsections (1) through (10 9) above as deemed appropriate by the Director of Planning Community Development.
Sec. 30-256(a). Food Truck Temporary Use Permit
(1) Permit Required. Except as otherwise provided by the City Code or state or federal law, a temporary use permit and business license is required for all food trucks, as defined herein, that operate within city limits. A food truck that operates without the required permit is subject to closure at any time. It shall be the responsibility of the applicant and/or food truck vendor to have the permit approval letter and business license on -site at all times during operation in city limits.
(2) Exemptions.
a. Properly licensed Lunch Trucks servicing employees of legally established industrial businesses and employees of active construction sites. A business license is required for Lunch Trucks prior to operation.
b. Food trucks hired to cater for one -day private parties held on privat e property. A business license is required for catering businesses prior to operation.
(3) Time of Application. An application for a food truck temporary use permit must be submitted to the Planning Department in a complete form at least 60 calendar days in advance of the anticipated commencement date of the operation.
(4) Term of permit. Temporary use permits under this section shall automatically expire one year from the date of issuance unless an earlier expiration date is noted on the permit.
Renewal applications must be submitted 30 calendar days prior to expiration of the permit.
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(5) Operational Requirements. Food trucks operating under this section shall meet all the following requirements:
a. Shall operate on legally compliant properties with industrial land use designations only and shall have a solid paved parking area adequate to accommodate the food truck, customer parking and vehicle circulation.
b. Shall not permit parking on the street or in the public right-of-way.
c. Shall not operate within 50 feet of a fire hydrant.
d. Shall not operate within any public driveway, drive aisle, or vehicular entrance or exit.
e. Shall not vend on any public street, public right-of-way, or public park.
f. Shall not store, park or leave any equipment overnight on any public street, public right-of-way, or park.
g. Shall vend only between the hours of 10:00 am and 9:00 pm.
h. Shall not display or set up tables and chairs.
i. Shall provide a trash receptacle for customer use.
j. Shall ensure the area is free from trash and debris at all times.
k. Shall not allow any items relating to the operation of the business to be placed anywhere other than in, on, or under the food truck (except for trash receptacles).
l. Shall not solicit or conduct business with persons in or on motor vehicles.
m. Shall not sell anything other than that which they are licensed to vend.
n. Shall not utilize sound amplification equipment, music, or live entertainment.
o. Shall not utilize any form of directional signage.
p. Shall operate in compliance with the Americans with Disabilities Act (ADA).
(6) Application Requirements. All food truck vendors shall obtain a food truck Temporary Use Permit. Application materials shall include:
a. Detailed site plan (exhibit of proposed location) including the number of existing on-site parking spaces, location of parking spaces designated for the food truck(s), location of food truck(s), and the location of trash receptacles.
b. Notarized affidavit from the property owner(s) acknowledging the applicant’s request and granting the applicant permission to park and vend at the location . If more than one food truck is proposed to operate at the same site, each food truck 19682
vendor shall submit a separate application and will be subject to the standards referenced in Section 30-256(a).
c. Proof of legal vehicle registration.
d. Business description to include hours of operation , items to be sold , number of employees, description of food truck including photos , number of parking spaces existing on the proposed site.
e. A copy of the County of San Bernardino Environmental Health Services Health Permit.
f. Business License. Upon obtaining the food truck temporary use permit, the applicant shall obtain a business license.
g. Cleanup and waste disposal plan to the City of Fontana, Environmental Code Compliance Department with the following information:
i. Grey water disposal site
ii. Fats, oils, and grease (FOG) disposal container
iii. Fats, oils, and grease (FOG) disposal site
iv. Trailer washdown site
v. Trash, recycle, and organic receptacles
vi. Rubber mat to be placed underneath serving area
(7) Suspension; Recission.
a. A food truck temporary use permit issued under this article may be temporarily suspended or permanently rescinded, at the Director of Planning’s discretion, for any of the following causes : fraud or misrepresentation in the course of vending , fraud or misrepresentation in the application for the permit, vending in violation of any one or more of the provisions of this article, vending in a manner that creates a public nuisance or constitutes a danger to the public , or f ailure to pay the applicable business license tax.
b. Notice of the suspension or rescission of a food truck permit issued under this chapter shall be mailed, postage prepaid, to the holder of the food truck vendor permit at his or her last known address and the property owners on whose property the truck has been operating.
c. No person whose food truck permit has been rescinded pursuant to this article shall be issued a food truck permit for a period of two years following the date that revocation becomes final.
Sec. 30-257. Approval.
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Upon receipt of a complete application for a temporary use permit Director's determination, the project will be reviewed by planning staff for the Director's Director of Planning’s approval.
Sec. 30-258. - Appeal.
The decision of the Director of Community Development Planning shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 4, herein.
Sec. 30-282. – Application.
An application for a tentative parcel map shall be filed with the Planning Division Department in a manner prescribed by the Director of Community Development Planning, including, but not limited to, plans.
Sec. 30-284. - Findings for approval.
The Director of Community Development Planning or designee shall make the findings identified in Chapter 26 before granting approval of a tentative parcel map application.
Sec. 30-285. - Noticing.
Notice of hearings for tentative parcel map modification shall be as set forth in Division 4, of this article herein.
Sec. 30-286. - Hearing.
Upon receipt of a complete application for a time extension for tentative parcel map, a time and place for the hearing before the Director of Community Development Planning shall be set.
Sec. 30-287. – Appeal.
The decision of the Director of Community Development Planning shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.
Sec. 30-288. - Time limitations.
Each tentative tract parcel map approval granted under this article shall become null and void pursuant to the time limitation identified in Chapter 26.
Sec. 30-290. - Authority.
The Planning Commission is authorized to approve or deny applications for design review tentative tract maps, and to impose reasonable conditions upon such approval. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other 21684
improvements; establishment o f development schedules or time limits for performance or completion.
Sec. 30-291. - Application.
An application for a design review tentative tract map shall be filed with the Planning Division in a manner prescribed by the Director of Community Development Planning, including, but not limited to, plans and elevations . Further, any improvements which are depicted and approved as part of the design review on any colored rendering, elevation, or drawing which is presented in conjunction with a devel opment application, shall be installed pursuant to the approved plans.
Sec. 30-295. – Hearing.
Upon receipt of a complete application for time extension for project tentative tract map a time and place for the hearing before the Director of Community Development Planning Commission shall be set.
Sec. 30-299. - Authority.
The Director of Community Development Planning or designee is authorized to approve or deny lot line adjustment applications.
Sec. 30-300. - Application.
Applications for a lot line adjustment shall be filed with the Planning Division Department upon such forms and accompanied by such data, information and fees as may be required by the Planning Division Department, to ensure a full presentation of the facts.
Sec. 30-301. – Approval.
Upon receipt of a complete application for a Director’s determination lot line adjustment, the project will be reviewed by planning Planning staff for the Director’s approval.
Sec. 30-302. – Appeal.
The decision of the Director of Community Development Planning shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 4, herein.
Sec. 30-304. – Authority.
The Director of Community Development Planning or designee is authorized to approve or deny time extension for tentative parcel maps applications.
Sec. 30-305. – Application.
Applications for a time extension for tentative parcel maps shall be filed with the Planning Division Department upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division Department, to ensure a full presentation of the facts. 22685
No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.
Sec. 30-306. – Noticing. Reserved.
Notice of hearings for minor use permit modification shall be as set forth in Division 4, of this article herein.
Sec. 30-307. – Hearing. Reserved.
Notice of hearings for minor use permit modification shall be as set forth in Division 4, of this article herein.
Sec. 30-308. – Appeal. Reserved.
The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 4, herein.
Sec. 30-310. – Authority.
The Planning Commission is authorized to approve or deny applications for time extension for tentative tract maps and to impose conditions upon such approval.
Sec. 30-311. – Application.
Applications for time extension for tentative tract maps shall be filed with the Planning Division Department upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division Department, to ensure a full presentation of the facts.
No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.
Sec. 30-312. – Noticing.
Notice of hearings for minor use permit modification tentative tract map time extension shall be as set forth in Division 4, of this article herein.
Sec. 30-313. – Hearing.
Upon receipt of a complete application for a time extension for tentative tract map, a time and place for the hearing before the Director of Community Development Planning Commission shall be set.
Subdivision III. - Time Extension—Project
Sec. 30-315. - Purpose. Reserved.
The purpose and intent of a time extension is intended to provide the applicant additional time to complete a previously approved project required do to unforeseen circumstances.
Sec. 30-316. - Authority. Reserved.
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The Director of Community Development or designee is authorized to approve or deny time extension for project applications.
Sec. 30-317. - Application. Reserved.
Applications for time extension for projects shall be filed with the Planning Division upon such forms and accompanied by such data, information, and fees as may be required by the Planning Division, to ensure a full presentation of the facts. No application shall be considered by the Planning Commission until the application is determined to be complete and al l required fees have been paid to the City.
Sec. 30-318. - Noticing. Reserved.
Notice of hearings for time extension for projects shall be as set forth in Division 5, of this article herein.
Sec. 30-319. - Hearing. Reserved.
Upon receipt of a complete application for time extension for project a time and place for the hearing before the Director of Community Development shall be set.
Sec. 30-320. - Appeal. Reserved.
The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 4, herein.
Sec. 30-321. - Time limitation. Reserved.
Each time extension for project granted under the provisions of this article shall become null and void two years after the date of the action approving the time extension.
Sec. 30-326. Development regulations.
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(2) Minor planned unit development. Where a conflict exists between the standards in this section and those pertaining to the underlying zoning district, this section shall take precedence.
a. Area of project. Minor planned unit development projects shall be located on sites that meet the following criteria:
1. Located within one of the following zoning districts: the Medium Density Residential (R-2) zoning district.
i. Medium density residential (R-2) zoning districts, and
2. Located where at least 80 percent of the land within a 300-foot radius of the site has been developed, and where water, sewer, streets, schools and fire protection are provided.
3. Not larger than three acres in size.
b. Maximum density. The dwelling unit density shall not exceed a number of units as set forth in the zoning district in which the project is located, except in cases of utilizing units from any allowable density bonus program.
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c. Minimum area and dimensions of lot.
1. The lot area, width and depth of individually owned parcels of land within the development shall be established as part of the minor planned unit development approval, with a maximum deviation of 20 percent from the requirements of the applicable zoning district unless otherwise approved by the Director of Planning. , based on the following factors:
1. Topography of the land.
2. The ground area covered by individual dwellings and accessory structures.
3. Location of common open space, if provided, and its relationship to the dwelling to be served.
4. Aesthetic relationships between individual units and open spaces.
2. The lot width and depth shall meet the purpose of the Minor PUD and be approved by the Director of Planning as part of the minor planned unit development approval.
The Director of Planning may, at his/her discretion, forward applications for deviations in excess of 20% to the Planning Commission for decision.
d. Yards and Setbacks. Front, side and rear yards setbacks shall be permitted to deviate from the requirements of the underlying zoning district. a maximum of 20 percent from the requirements of the applicable zoning district. Front, side, and rear yards shall be established as part of the minor planned unit development approval., However, the front, side and rear setbacks shall not be less than the following:
1. At no time shall the front setback be less than 15 feet between the front of the structure and the front property line.
2. At no time shall the rear setback be less than 10 feet between the rear of the structure and the rear property line.
3. At no time shall the side setback be less than 4 feet between the sides of the structure and the side property lines.
e. Lot coverage. Lot coverage shall be established as part of the minor planned unit development approval, with a maximum deviation of 20 percent from any applicable lot coverage of the zoning district.
f. Distance between buildings. The distance between an y two buildings within the project shall be established as part of the minor planned unit development approval but shall not be less than eight feet between the two structures.
g. Maximum building height. The maximum building height permitted in the zoning district shall apply.
h. Required on-site parking.
1. The number of required parking spaces shall conform to provisions of Article XI.
2. The location and arrangement of parking shall be determined as part of the minor planned unit development approval.
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r. Private open space. A minimum of 200 square feet of private open space shall be provided for each residential unit. Private open space shall be accessed directly from the ground floor of the dwelling unit and shall be outside of the minimum front setback. [Remaining text of Section 30-326 will remain, unmodified]
Sec. 30-336 – Purpose.
The purpose and intent of density bonus is to encourage the development of affordable housing in accordance with state law.
The purpose and intent of this section is to encourage the development of affordable residential units for a range of income levels within the City with the provision of incentives or concessions.
In offering these incentives or concessions, this chapter is intended to implement the requirements of State law and the goals and policies of the City's general plan housing element.
Sec. 30-338.-Application. - Eligibility for bonus and incentives or concessions.
Application for density bonus shall be made in writing on forms provided for this purpose and shall set forth in detail information as may be required and shall be accompanied by the required filing fee.
To be eligible for a density bonus and/or other incentives or concessions as provided by this chapter, a proposed residential development project shall:
(a) Consist of five (5) or more dwelling units; and
(b) Provide for the construction of one or more of the following within the development:
(1) A minimum of five percent (5%) of the total units of a housing development for very low-income households, as defined in Health and Safety Code section 50105; or
(2) A minimum of ten percent (10%) of the total units of a housing development for lower income households, as defined in Health and Safety Code section 50079.5; or
(3) A minimum of ten percent (10%) of the total dwelling units in a condominium project or in a planned development as defined in Civil Code subsection 1351(f) and (k), respectively, for persons and families of moderate income, as defined in Health and Safety Code section 50093, provided that all units in the development are offered to the public for purchase; or
(4) A minimum of twenty percent (20%) of the total units for lower income students in a student housing development that meets the following requirements:
i. All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the A ccrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide 26689
evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An ope rating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are insufficient students enrolled in an institution of higher education to fill all units in the student housing development.
ii. The applicable 20-percent units shall be used for lower income students.
iii. The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.
iv. The development shall provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause.
(5) Ten percent (10%) of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph are subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low-income units; or
(6) One hundred percent (100%) of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate -income households, as defined in Section 50053 of the Health and Safety Code; or
(7) A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency bas ed on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.
(c) A density bonus and any associated incentives and concessions provided for the provision of affordable units and a density bonus utilizing units from the No Net Loss Program shall be mutually exclusive.
Sec. 30-358. - List of definitions.
***
Banquet hall means a room or building for the purpose of hosting a party, banquet, wedding or other reception, or another social event.
27690
Bars, lounges, nightclubs, means an establishment where people gather to drink (alcohol).
The establishment shall operate in c ompliance with any on -site consumption of alcoholic beverages, as licensed by the Alcoholic Beverage Control, and may offer facilities for dancing or performing floor shows.
Bed and breakfast establishment means one or more buildings containing a dwelling unit and not more than six guest rooms, where only breakfast or similar early morning meal is provided to registered guests and the price of the meal is included in the price of the accommodations. The relationship between the operator of the establishme nt and the occupants of the guest rooms must be that of innkeeper and gusts. Guest rooms are not to be rented for a period of less than 18 hours at a time.
***
[Remaining text of Section 30-358 will remain, unmodified]
Table No. 30-359.B.-Land Uses
Civic
Core
Sierra
Core
Gateway
Core
Mixed-
Use
Core
Multi-
Family
Core
Neighborhood
Core
***
Alcoholic sales exclusively for
off-site consumption
— — M M — —
Bar, Lounge, or Nightclub
(with live entertainment)
— M M M — —
Bar, Lounge, or Nightclub
(without live entertainment)
— M M M — —
On-site sales in connection
w/restaurant
M M M M — —
Restaurant and café with
entertainment and/or dancing
M M M — — —
Manufacturing, including
winery or micro -brewery with
tasting room and no
restaurant
M M M M — —
Micro-breweries in
connection with restaurant
(Brew Pub)
M M M M — —
Micro-breweries without
tasting room
— — — — — —
***
[Remaining text of Section 30-359.B will remain, unmodified]
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
28691
2.1 units/acre
24 units/acre
Commercial Floor Area Ratio
(without residential
component)
--- 1.0
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
Sec. 30-386. – Shopfront.
…
Size
Ground floor transparency 80% 40% min.
…
[Remaining text of Section 30-386 will remain, unmodified]
Sec. 30-430. - Uses permitted.
(a) Uses by zoning district. Table No. 30 -430 lists the uses permitted in each of the residential zoning districts. A "P" indicates a use is permitted by right, a "C" indicates the use requires the granting of a conditional use permit, and " —" means the use is not permitted in that zoning district.
(b) Uses subject to specific requirements. Permitted uses marked with an asterisk "*" indicate that the use is subject to special use regulations in Section 30 -432.
Conditional uses are subject to the provisions in Section 30-433.
Table No. 30-430
Permitted Uses in Residential Zoning Districts
Use R-E R-1 R-2 R-3 R-PC
…
B. Other Uses
…
Child care (eight to 14 persons) M P M P M P M P M P
…
[Remaining text of Section 30-430 will remain unmodified]
Sec. 30-492. – Conditional use permit and minor use permit regulations.
All uses marked with a "C" or "M" in Table No. 30 -459, must comply with the conditional use permit or minor use permits procedural requirements outlined in Article II, Divisions 12 and 13 of this chapter. In addition, certain conditional uses must comply with the specific development and operational standards outlined below.
29692
***
(7) Alcoholic beverage sales. Any use that engages in on-site or off-site retail sales of alcoholic beverages and that is required to operate under a State Alcoholic Beverage Control (ABC) license shall be subject to the approval of conditional use permit or minor use permit. A conditional use permit or minor use permit shall be required for the following actions:
Table No. 30-492.C
Alcoholic Beverage Sales
An application for a new ABC license C
Any change in the type of existing ABC license with existing CUP C Premises-to-premises transfer of an existing ABC license with CUP P Any increase of floor area in an ABC licensed establishment C Any change in operating conditions from what was originally imposed by the City or by ABC, including, but not limited to, any change of hours of operation or entertainment
C
A request to establish live entertainment or dancing in an ABC licensed establishment
C
Any ABC licensed establishment not previously possessing a conditional use permit when there is an ownership change
C
a. Location requirements.
1. In judging requests for alcoholic beverage sales, of particular concern will be the physical relationship and proximity of the proposed use to that of similar uses on the same or surrounding sites; the compatibility of the proposed use with neighboring uses (i.e., schools, parks, religious institutions, hospitals and other similar uses), and that no adverse effect on public health, safety or welfare will be created.
2. A business where a new conditional use permit is requested, other than for a renewal or ownership transfer, for the sale of liquor should be a minimum of 600 feet away from an existing or proposed school, park, religious institution, hospital, youth facility, and other similar uses.
3. The proposed use shall not be incompatible with the adjoining uses as it relates to noise, debris, traffic, storage, design and hours of operation, nor shall it create a ny adverse effect on public health, safety or welfare.
4. All light standards shall be located so that lighting does not directly shine into adjoining residential properties. Any light pole within the parking area shall have a concrete or similar support base constructed to withstand light vehicle collisions.
5. The establishment shall be operated in such a manner that sound emitted from the premises shall not be audible beyond the boundaries on which it is located. i. All doors to the building shall remain closed except to allow for the entrance and exit of patrons and employees.
ii. Any such liquor sales use or similar use being established for the first time shall have no entrance or exit located within 100 feet of a residentially zoned or utilized property unless adequate sound attenuation measures have been undertaken or unless the entrance or exit is separated from the residentially zoned property by a public street.
b. Alcohol product sales requirements.
30693
1. The licensee shall not sell single bottles of wine in less tha n 750 ml. containers.
Specialty or dessert wines which are only packaged in 375 milliliter bottles shall be permitted.
2. No distilled spirits shall be sold in bottles or containers smaller than 375 ml.
3. The sale of beer or malt beverages in single size containers of 40 ounces or less is prohibited.
4. The licensed premise shall not sell individual units of beer or wine from the manufacturer’s multi-unit packages (three-packs, four-packs, six-packs, etc.).
b. c. In the event the Director of Community Development Planning has determined that a party holding a conditional use permit at a given location is in violation of the conditions of the permit the Planning Commission, through the public hearing process, shall have the authority to terminate the conditional use until such time as the property has been brought into compliance and the applicant establishes that those conditions have been met.
31694
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. 24-067
Municipal Code Amendment No. 24-005
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- 005 - 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) _____ Categorical Exemption. State type and class number:
(e) _____ Declared Emergency.
(f) _____ Statutory Exemption. State Code section number: _______________________ (g) __ X__ Other. Explanation: Exempt under guidelines section Sections 15060(c), and15061(B)(3) (the common-sense exemption).
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: Cecily Session-Goins, Associate Planner Telephone: (909) 350-6723
Date Received for Filing: __________________________________ Rina Leung
Senior Planner
(Clerk Stamp Here)
ATTACHMENT NO. 2
32695
NOTICE PUBLIC HEARING
Si desea información en Español referente a esta notificación o proyecto, favor de comunicarse al (909) 350-6728.
In compliance with Section 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 ens ure accessibility to this meeting.
A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:
MASTER CASE (MCN) NO. 24-067 and MUNICIPAL CODE AMENDMENT (MCA) NO. 24-005 Amendments to Chapter 30 of the Fontana Municipal Code that will modify multiple sections of the zoning and development code, including modifications to standards pertaining to density bonus, entitlement time extensions, food trucks, minor planned unit development standards, the sale of alcohol products, Form- Based Code development standards and land uses, and in-home childcare facilities.
Environmental
Determination:
This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA, because it does not have potential for resulting in physical change in the environment, directly or indirectly. 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.
Location of Property: Citywide
Date of Hearing: November 19, 2024
Place of Hearing: City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 6:00 pm
Should you have any questions concerning this project, please contact Cecily Session -Goins, Associate Planner, at (909) 350-6723 or by email at [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 AT THE PLA NNING DEPARTMENT, CITY HALL. PLEASE CONTACT THE PLANNER LISTED ABOVE.
ATTACHMENT NO. 3
33696
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.
Publish: November 9, 2024
S.B. Sun Newspaper
ATTACHMENT NO. 3
34697
Excerpt of the Planning Commission Meeting Minutes of November 19, 2024 Public Hearing Item D
ATTACHMENT NO. 3
PH-D Master Case No. 24-067 and Municipal Code Amendment No. 24-005: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code) including modifications to density bonuses, entitlement extension approvals and minor administrative cleanup items, restrictions on single-serving alcohol sales, premise-to-premise transfer of conditional use permits for alcohol sales, food truck standards, minor planned unit development standards, temporary use permits, in- home childcare facilities, permitted land uses in the Downtown Core, and Form- Based Code zoning district development standards, pursuant to a categorical exemption in accordance with CEQA Guidelines section 15060(c) and 15061(B)(3).
Chair Fort opened Public Hearing.
Cecily Session-Goins, Associate Planner, presented the staff report.
No one spoke in favor or opposition of this item.
The Public Hearing was closed.
RECOMMENDATION:
Based on the information in the staff report and subject to the attached Findings and Conditions of Approval. Staff recommends that the Planning Commission adopt Resolution PC No. 2024-058, and,
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. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 24-005 to amend Chapter 30 of the Municipal Code,
ACTION: Motion was made by Commissioner Thrasher and seconded by Commissioner Sangha and passed by a vote of 4-0 to approve Public Hearing Item “D” and adopt Resolution PC No. 2024-058.
The motion carried by the following vote:
AYES: Chair Fort, Secretary Quintana, Commissioners Sangha and Trasher; NOES: None; ABSTAIN: None
ABSENT: Vice Chair Sanchez
698
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. 24-067
Municipal Code Amendment No. 24-005
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- 005 - 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) _____ Categorical Exemption. State type and class number:
(e) _____ Declared Emergency.
(f) _____ Statutory Exemption. State Code section number: _______________________ (g) __ X__ Other. Explanation: Exempt under guidelines section Sections 15060(c), and15061(B)(3) (the common-sense exemption).
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: Cecily Session-Goins, Associate Planner Telephone: (909) 350-6723
Date Received for Filing: __________________________________ Rina Leung
Senior Planner
(Clerk Stamp Here)
ATTACHMENT NO. 4
699
ATTACHMENT NO. 5
NOTICE PUBLIC HEARING
Si desea información en Español referente a esta notificación o proyecto, favor de comunicarse al (909) 350-6728.
In compliance with Section 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 ens ure accessibility to this meeting.
A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:
MASTER CASE (MCN) NO. 24-067/MUNICIPAL CODE AMENDMENT (MCA) NO. 24-005
Amendments to Chapter 30 of the Fontana Municipal Code that will modify multiple sections of the Zoning and Development Code, including modifications to density bonuses, entitlement extension approvals and minor administrative cleanup items, restrictions on single-serving alcohol sales, premise-to-premise transfer of conditional use permits for alcohol sales, food truck standards, minor planned unit development standards, temporary use permits, in-home childcare facilities, permitted land uses in the Downtown Core, and Form-Based Code zoning district development standards.
Environmental
Determination:
This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA, because it does not have potential for resulting in physical change in the environment, directly or indirectly. 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.
Location of Property:
Citywide
Date of Hearing:
December 10, 2024
Place of Hearing:
City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 2:00 pm
Should you have any questions concerning this project, please contact Cecily Session-Goins, Associate Planner, at (909) 350-6723 or by email at [email protected].
ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL . A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION AT THE PLANNING DEPARTMENT, CITY HALL .
PLEASE CONTACT THE PLANNER LISTED ABOVE.
700
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 T HE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
Publish Date: November 29, 2024
¼ page
701
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3469 Agenda Date: 12/10/2024
Agenda #: C. Category: Public Hearing
FROM:
Planning Department
SUBJECT:
Master Case No. 24-069: Specific Plan Amendment No. 24-002, a request to modify Chapter 5.6 (Nonconforming Structures, Uses, and Lots) of the Southwest Industrial Park Specific Plan to allow legal nonconforming “Pallet Yards” to expand operations within existing sites in the Southwest Industrial Park Specific Plan, pursuant to a categorical exemption in accordance with CEQA Guidelines sections 15162 through 15164, and Section 15183.
RECOMMENDATION:
1. Determine that this Ordinance is categorically exempt pursuant to Sections 15162 through15164, and Section 15183 of the California Environmental Quality Act (CEQA) and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, it has been determined that the previously certified Southwest Industrial Park Specific Plan Program Environmental Impact Report (SWIP PEIR) (State Clearinghouse [SCH] No. 2009091089) has adequately identified the impacts associated with the Specific Plan Amendment (“proposed project”) and direct staff to File a Notice of Exemption;
2. Read by title only and waive further reading of and introduce Ordinance No. 1963, an Ordinance of the City Council of the City of Fontana, approving a Specific Plan Amendment (SPA) No. 24-002 to amend the Southwest Industrial Park (SWIP) Specific Plan, Chapter 5.6 (Nonconforming Structures, Uses, and Lots) to allow expansions to legally established pallet yards within an existing site, and that the reading of the title constitutes the first reading 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:
The Southwest Industrial Park (“SWIP”) Specific Plan was adopted by the City of Fontana on June 12, 2012; the project area is primarily located south of the Interstate 10 freeway, east of the Interstate 15 freeway and north of State Route 60, with limited areas located north of Interstate 10. The SWIP Specific Plan includes nine land use districts with approximately 3,110 acres of industrial, manufacturing, office, commercial, research and development, and flex-tech development. The Specific Plan includes provisions related to nonconforming uses in Chapter 5.6, Nonconforming Structures, Uses, and Lots.
City of Fontana Printed on 12/5/2024Page 1 of 2
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702
File #: 21-3469 Agenda Date: 12/10/2024
Agenda #: C. Category: Public Hearing
City staff initiated Specific Plan Amendment No. 24-002 to amend the Southwest Industrial Park (“SWIP”) Specific Plan by revising the nonconforming provisions of the SWIP’s Chapter 5.6 (Nonconforming Structures, Uses, and Lots) to allow for the internal expansion of legally established nonconforming pallet yards.
Pallet yards are not currently a permitted use within any of the SWIP land use districts and thus, previously permitted operational pallet yards are considered to be legally nonconforming.
Nonconforming uses within the SWIP cannot expand either buildings or other operational areas even within their own sites, which has the effect of disallowing improvements such as building additions and site improvements. Such property improvements can provide enhancements that are positive additions to both the businesses, those businesses that they support, and the surrounding community. The proposed amendment is intended to allow for additional building and operations, when within the site of an existing, legally operating business.
This Amendment will allow legally nonconforming pallet yard operators the opportunity to expand operations within an existing site by providing guidance and regulations for internal expansions only, thus providing for business and operational improvements without increasing the overall area of individual pallet yard sites.
ATTACHMENTS:
Attachment No. 1 - Ordinance for Specific Plan Amendment Attachment No. 2 - Planning Commission Packet
Attachment No. 3 - PC Minutes of 11-19-2024
Attachment No. 4 - Public Hearing Notice
FISCAL IMPACT:
None
MOTION:
Approve staff’s recommendation.
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703
ATTACHMENT NO. 1
ORDINANCE NO. 1963
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 24- 002 TO MODIFY CHAPTER 5.6 T HE SOUTHWEST INDUSTR IAL PARK
SPECIFIC PLAN TO ALLOW NONCONFORMI NG PALLET YARDS TO
EXPAND OPERATIONS WITHIN EXISTING SITES GOVERNED UNDER
THE SWIP SPECIFIC PLAN, PURSUANT TO THE CERTIFIED
SOUTHWEST INDUSTRIAL PARK SPECIFI PLAN EIR AND DIRECTING STAFF TO FILE A NOTICE OF EXEMPTION.
WHEREAS, pursuant to Article XI, Section 5 of the California Constitution and 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, pursuant to the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (“CEQA”), and the State CEQA Guidelines (14 Cal. Co de Regs. §§ 15000 et seq.) the City determined that a Program Environmental Impact Report (FEIR) be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the SWIP Specific Plan Update and Annexation Area (SCH No. 2009091089); and
WHEREAS, the City prepared and certified the Final Program EIR (FEIR) on May 8, 2012 for the SWIP Specific Plan Update, consisting of comments received during the 45-day public review and comment period on the Draft FEIR, written responses to those comments, and r evisions and errata to the Draft FEIR. For the purposes of this Resolution, the “FEIR” shall refer to the Draft FEIR, as revised by the Final FEIR’s errata section, together with the other sections of the Final FEIR; and
WHEREAS, the SWIP Specific Plan Up date was approved and adopted by the City of Fontana (City) on May 8, 2012 pursuant to the certified FEIR; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines Section 15162 require additional environmental review; and
WHEREAS, staff evaluated the proposed Ordinance in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166, State CEQA Guidelines section 15162 and City of Fontana’s 2019 Local Guidelines for Implementing CEQA; and
704
Ordinance No. 1963
WHEREAS, based on that evaluation, staff concluded that the FEIR fully analyzed and mitigated, where feasible, all potentially significant environmental impacts, if any, that would result from the Ordinance, and therefore, no subsequent EIR or mitigated negative declaration is required; and
WHEREAS, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the SWIP; and
WHEREAS, Section 5.6. of SWIP – Nonconforming Structures, Uses, and Lots, is amended to allow the expansions of legal nonconforming pallet yards within existing sites; and
WHEREAS, State law requires zoning regulations and specific plans to be consistent with the General Plan and therefore updating the City of Fontana Municipal Code would contribute to consistency with the City of Fontana General Plan; and
WHEREAS, the amendments in SPA No. 24 -002 are consistent and compatible with the city’s General Plan and are in line with the goals, policies and objectives of the City and the City of Fontana Zoning and Development Code; and WHEREAS, the amendment s in SPA No. 24 -002 will be in conformity with appropriate land use practices and will establish appropriate development standards for pallet yards; and
WHEREAS, on November 19, 2024, the Fontana Planning Commission (“Planning Commission”) held a public meeting on SPA No. 24-002 where they received evidence and public testimony on the amendments and recommended that the Fontana City Council (“City Council”) determine that the amendments do not require review under the California Environmental Quality Act (“CEQA”); and
WHEREAS, the Planning Commission carefully considered all evidence and testimony presented at its public hearing on November 19, 2024 and approved Resolution No. 2024-057 to recommend that the City Council approve the modifications to SWIP; and
WHEREAS, on December 10, 2024, the City Council held a public hearing on SPA No. 24-002 where City Council received evidence and public testimony pertaining to the Specific Plan amendments and documentation from the Planning Commission’s public hearing on November 19, 2024; and
WHEREAS, the City Council carefully considered all information pertaining to SPA No. 24-005 that was presented at its public hearing on December 10, 2024 and based on the information presented, the City Council found that the amendments and project are in 705
Ordinance No. 1963
conformance with the goals and policies of the General Plan to provide a community that is developed with high standards and provides diverse economic and social opportunities for citizens and those who wish to invest in the City; and WHEREAS, the amendments in SPA No. 24-002 are attached hereto 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, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:
Section 1. Recitals. The recitals are true, correct and incorporated herein by this reference.
Section 2. CEQA. The City Council has reviewed the Southwest Industrial Park Specific Plan FEIR, any oral or written comments received, and the administrative record prior to making any decision on the Ordinance. The Council finds that the Southwest Industrial Park Specific Plan FEIR contains a complete and accurate reporting of any environmental impacts associated with the Ordinance. The Council further finds pursuant to State CEQA section 15164 and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, the preparation of a subsequent or supplemental EIR is not required. And, having considered the administrative record, the Southwest Industrial Park Specific Plan FEIR and all written and oral evidence presented to the Planning Commission, the Council finds that any environmental impacts of the Ordinance have been addressed within the Southwest Industrial Park Specific Plan FEIR and directed staff to file a Notice of Determination.
Section 3. Development Code Amendment Findings. The Planning Commission hereby makes the following finding for SPA No. 24-002 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 app ropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.
Findings of Fact: The Southwest Industrial Park Specific Plan was adopted June 12, 2012, and included nine districts. The intent of the distric ts was to 706
Ordinance No. 1963
regulate truck, trailer, warehouse and industrial uses. The existing nonconforming language in chapter 5.6 of the specific plan is outdated, making it difficult to allow for operational and aesthetically desirable expansions of pallet yard operat ions. This Specific Plan Amendment will amend the language to provide for an expansion of operations for existing pallet yards provided the operations are contained to the existing site.
Section 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves SPA No. 24-002, 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, publishe d 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 28th day of January 2025.
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 10th day of December 2024, and was finally passed and adopted not less than five days thereafter on the 28th day of January 2025, by the following vote to wit:
707
Ordinance No. 1963
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
708
Ordinance No. 1963
“EXHIBIT A”
AMENDMENT TO FONTANA SOUTHWEST INDUSTRIAL PARK SPECIFIC PLAN CHAPTER 5.0 – IMPLEMENTATION AND ADMINISTRATION
(*Additions shown in underline, deletions shown in strikeout)
5.6 Nonconforming Structures, Uses, and Lots
***
B. Nonconforming Uses
A nonconforming use is one that lawfully existed prior to the effective date of the SWIP, but which is no longer permitted in the land use district in which it is located. The continuance of a nonconforming use is subject to the following:
1. A nonconforming use that is discontinued for a period of one hundred eighty (180) consecutive days or more shall lose its legal nonconforming status, and the continued use of the property shall conform thereafter with the SWIP. Discontinuation shall mean any termination of a use, regardless of intent to resume the use. Payment of a valid business license or business tax certificate shall in and of itself not be considered to be a continuation of the use.
2. A nonconforming use shall not be expanded on any lot or moved in whole or in part to any portion of the lot.
3. If a portion of the property or structure used by a nonconforming use is converted to a conforming use, the portion of the property or structure may not thereafter be used for a nonconforming use.
4. Change of ownership, tenancy, or management of a nonconforming use shall not affect its legal nonconforming status, provided that the use and intensity of use, as determined by the Director of Community Development, does not change or increase.
5 If a structure used by a nonconforming use is damaged, the nonconforming use may continue upon restoration of the structure if the need for repairs or restoration is the result of damage by fire, explosion, act of God, or the public enemy, and provided the repairs are commenced within twenty four (24) months of the event causing the damage to the structure, and the repairs shall be diligently pursued until completion.
6. Nonconforming single-family residential uses shall be subject to the following:
a. Nonconforming single -family residential use may be enlarged by no more than
709
Ordinance No. 1963
twenty five percent (25%) of its legal floor area that existed at the time the single-family residential use became nonconforming, provided the expansion complies with the zoning standards and if there is the addition of one or more bedrooms then parking shall be in compliance with Article XI (On-site parking and loading regulations) of Chapter 30 of the Zoning and Development Code
b. A nonconforming single-family use that is discontinued for a period of one hundred eighty (180) consecutive days or more shall lose its legal nonconforming status, and the continued use of the property shall conform with the SWIP unless the Director of Community Development can make the following findings:
i. The nonconforming single-family use has not been discontinued for more than three hundred sixty five (365) consecutive days.
ii. The nonconforming single-family use will not adversely affect or be materially detrimental to the public health, safety, and welfare.
7. If provision is made for the termination of a use, any use of such land after the termination shall conform to the requirements of this section for the district in which it is located.
8. Pallet Yards. Modifications and additions to legal nonconforming pallet yards are permitted as described below.
a. Legal nonconforming pallet yards may be approved for expansions and additions of no more than 50% of the originally approved outdoor work/storage areas and/or buildings, when within existing site boundaries.
b. Guard shacks of 16 square feet or more.
c. Heat treaters that are Underwriters Laboratories [ULI] approved and functioning as an accessory use to a pallet yard.
d. All modifications and/or additions must comply with the following:
i. All expansions and additions must comply with the current Fire Code and are subject to approval by the Fire Marshall prior to the issuance of building permits.
ii. All expansions and additions must comply with the California Building Code and are subject to approval by the Building Official prior to the issuance of building permits.
710
Ordinance No. 1963
iii. Existing pallet areas (areas used for work, assembly, and/or repair), overall pallet yard sites and structures may be expanded with approval of an Administrative Site Plan.
iv. All new outdoor areas shall be depicted on an approved site plan and must be located within areas paved with asphalt and/or concrete. e. New or expanded permanent canopy type structures used for outdoor storage, work, assembly, and/or repair must follow the SWIP development standards and design guidelines.
f. All new pallet areas shall be screened from view of the public right-of-way by a decorative block screening wall. All screening walls adjacent to the public right-of-way shall have a minimum height of (8) feet and shall not be located in the required setback area. A line of sight analysis shall be provided to ensure screening of the pallet and equipment areas. Additional wall height and/or berming may be added as needed to satisfy screening requirements as determined by the Director of Planning and/or Planning Commission.
g. Landscaping adjacent to the public right-of-way shall be installed as required by the SWIP. Pallet Yards are exempt from providing additional landscaping within the interior of the site (wall perimeters, parking area, storage area, etc.) enclosed by the required screen walls as long as incidental landscaping is provided as needed to satisfy screening and other requirements in interface area(s) open to public view.
h. New pallet storage areas must be designated on the site with markings such as paint and others materials to the satisfaction of the Fire Marshall.
***
711
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3442 Agenda Date: 11/19/2024
Agenda #: PH-C Category: Public Hearing
FROM:
Planning Department
TITLE:
Master Case No. 24-069: Specific Plan Amendment No. 24-002, a request to modify Chapter 5.6 of the Southwest Industrial Park Specific Plan to allow legal nonconforming “Pallet Yards” to expand operations within the Southwest Industrial Park Specific Plan, pursuant to a categorical exemption in accordance with CEQA Guidelines sections 15162 through 15164, and Section 15183.
RECOMMENDATION:
Based on the information in the staff report and subject to the findings staff recommends that the Planning Commission adopt Resolution No. PC 2024-____; and recommend that the City Council:
1. Determine that this Ordinance is categorically exempt pursuant to Sections 15162 through 15164, and Section 15183 of the California Environmental Quality Act (CEQA) and Section
8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, it has been determined that the previously certified Southwest Industrial Park Specific Plan Program Environmental Impact Report (SWIP PEIR) (State Clearinghouse [SCH] No. 2009091089) has adequately identified the impacts associated with the Specific Plan Amendment (“proposed project”) and direct staff to File a Notice of Exemption;
2. Adopt an Ordinance for Specific Plan Amendment (SPA) No. 24-002 to modify text within Chapter 5.6 of the Southwest Industrial Park (SWIP) Specific Plan to allow expansions to legally established pallet yards within an existing site.
APPLICANT:
City of Fontana-Planning Department
8358 Sierra Avenue
Fontana, CA 92335
LOCATION:
The Southwest Industrial Park (“SWIP”)Specific Plan project area is primarily located south of the Interstate 10 freeway, east of the Interstate 15 freeway and north of State Route 60, with limited areas located north of Interstate 10. The SWIP Specific Plan includes nine land use districts with approximately 3,110 acres of industrial, manufacturing, office, commercial, research and development, and flex-tech development.
REQUEST:
Specific Plan Amendment (SPA) No. 24-002 is a request to modify the Southwest Industrial Park Specific Plan, Chapter 5.6, Nonconforming Structures, Uses and Lots, to allow internal expansions to City of Fontana Printed on 11/14/2024Page 1 of 2
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712
Attachment No. 1
RESOLUTION PC NO. 2024-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF FONTANA RECOMMENDING, THAT THE CITY COUNCIL ADOPT
AN ORDINANCE APPROVING SPECIFIC PLAN AMENDMENT NO. 24-
002 TO MODIFY CHAPTER 5.6 THE SOUTHWEST INDUSTRIAL PARK
SPECIFIC PLAN TO ALLOW NONCONFORMING PALLET YARDS TO
EXPAND OPERATIONS WITHIN THE DISTRICTS GOVERNED UNDER
THE SWIP SPECIFIC PLAN, PURSUANT TO A CATEGORICAL
EXEMPTION IN ACCORDANCE WITH CEQA GUIDELINES SECTION
15060(C), THE SWIP SPECIFIC PLAN AREA IS AN IRREGULARLY
SHAPED AREA AND IS GENERALLY LOCATED SOUTH OF
INTERSTATE 10 (I-10), NEAR I-5 AND SR-60
WHEREAS, the Southwest Industrial Park Specific Plan, generally located South of Interstate 10 (I -10), near I-5 and SR -60, was annexed from the San Bernardino County and incorporated into the City of Fontana on June 19, 2024; and WHEREAS, on June 12, 2012 the City Council adopted the Southwest Industrial Park Specific Plan (SWIP); and
WHEREAS, the nonconforming use section within the Southwest Industrial Park Specific Plan does not allow for expansion of operations for pallet yards, which are uses that support the surrounding industrial community; and
WHEREAS, pursuant to Sections 15162 through 15164, and Section 15183 of the California Environmental Quality Act (CEQA) and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, it has been determined that the previously certified Southwest Industrial Park Specific Plan Program Environmental Impact Report (SWIP PEIR) (State Clearinghouse [SCH] No. 2009091089) has adequately identified the impacts associated with the Specific Plan Amendment (“proposed project”); and
WHEREAS, the amendment is to Section 5.6, Nonconforming Structures, Uses, and Lots of the Southwest Industrial Park Specific Plan which is shown in Exhibit “A” of this resolution; and
WHEREAS, the pallet yards operations use is typically found within existing industrial areas. The amendment will allow for additional and/or expanded operations for pallet yards provided they are within the existing site; as such, the use will not result in a direct or reasonably foreseeable indirect physical change in the environment and the activity is not subject to CEQA; and
713
Attachment No. 1
WHEREAS, a notice of the public hearing was published in the Fontana Hera ld newspaper on November 8, 2024 and simultaneously displayed at City Hall; and
WHEREAS, on November 19, 2024, a public hearing on SPA No. 24 -002 was held by the Fontana Planning Commission (“Planning Commission”) to consider testimony and evidence presented by the Applicant, City staff, and other interested parties; and
WHEREAS, November 19, 2024 , the Planning Commission carefully considered all information, evidence, and testimony presented at the public hearing on SPA No. 24- 002; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the Planning Commission RESOLVES as follows:
Section 1. Recitals. The above recitals are true, correct and incorporated herein by reference.
Section 2. CEQA. The Planning Commission hereby recommends that the Fontana City Council (“City Council”) determine, that pursuant to Sections 15162 through 15164, and Section 15183 of the California Environmental Quality Act (CEQA) and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, that it has been determined that the previously certified Southwest Industrial Park Specific Plan Program Environmental Impact Report (SWIP PEIR) (State Clearinghouse [SCH] No. 2009091089) has adequately iden tified the impacts associated with the Specific Plan Amendment (“proposed project”).
Section 3. Specific Plan Amendment Finding. The Planning Commission hereby makes the following finding for SPA No. 24 -002 in accordance with Section 30 -67 “Purpose” of th e 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.
714
Attachment No. 1
Finding of Fact: The Southwest Industrial Park Specific Plan was adopted June 12, 2012, and included nine districts. The intent of the districts was to regulate truck, trailer, warehouse and industrial uses. The existing nonconforming language in chapter 5.6 of the specific plan is outdated, making it difficult to allow for operational and aesthetically desirable expansions of pallet yard operations. This Specific Plan Amendment will amend the language to provide for an expansion of operations for existing pallet yards provided the operations are contained to the existing site.
Section 4. Approval. Based on the foregoing, the Planning Commission hereby recommends that the City Council adopt an ordinance approving SPA No. 24 -002 for the modifications to Chapter 5.6, Nonconforming Structures, Use, and Lots withi n the Southwest Industrial Park Specific Plan, attached hereto as Exhibit “A”.
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 No. 21081.6.
Section 6. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.
Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption.
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 by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 19th day of November, 2024.
City of Fontana
Cathline Fort, Chairperson
715
Attachment No. 1
ATTEST:
I, Ricardo Quintana, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 19th day of November 2024, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ricardo Quintana, Secretary
716
Attachment No. 1
EXHIBIT "A"
Southwest Industrial Park Specific Plan
Chapter 5.0 – Implementation and Administration
5.6 Nonconforming Structures, Uses, and Lots
***
B. Nonconforming Uses
A nonconforming use is one that lawfully existed prior to the effective date of the SWIP, but which is no longer permitted in the land use district in which it is located. The continuance of a nonconforming use is subject to the following:
1. A nonconforming use that is discontinued for a period of one hundred eighty (180) consecutive days or more shall lose its legal nonconforming status, and the continued use of the property shall conform thereafter with the SWI P. Discontinuation shall mean any termination of a use, regardless of intent to resume the use. Payment of a valid business license or business tax certificate shall in and of itself not be considered to be a continuation of the use.
2. A nonconforming use shall not be expanded on any lot or moved in whole or in part to any portion of the lot.
3. If a portion of the property or structure used by a nonconforming use is converted to a conforming use, the portion of the property or structure may not thereafter be used for a nonconforming use.
4. Change of ownership, tenancy, or management of a nonconforming use shall not affect its legal nonconforming status, provided that the use and intensity of use, as determined by the Director of Community Development, does not change or increase.
5 If a structure used by a nonconforming use is damaged, the nonconforming use may continue upon restoration of the structure if the need for repairs or restoration is the result of damage by fire, explosion, act of God, or the public enemy, and provided the repairs are commenced within twenty four (24) months of the event causing the damage to the structure, and the repairs shall be diligently pursued until completion.
6. Nonconforming single-family residential uses shall be subject to the following:
a. Nonconforming single-family residential use may be enlarged by no more than twenty five percent (25%) of its legal floor area that existed at the time the single-family residential use became nonconforming, provided the expansion complies with the zoning standards and if there is the addition of one or more bedrooms then parking shall be in compliance with Article XI (On-site parking 717
Attachment No. 1
and loading regulations) of Chapter 30 of the Zoning and Development Code
b. A nonconforming single-family use that is discontinued for a period of one hundred eighty (180) consecutive days or more shall lose its legal nonconforming status, and the continued use of the property shall conform with the SWIP unless the Director of Community Development can make the following findings:
i. The nonconforming single-family use has not been discontinued for more than three hundred sixty five (365) consecutive days.
ii. The nonconforming single-family use will not adversely affect or be materially detrimental to the public health, safety, and welfare.
7. If provision is made for the termination of a use, any use of such land after the termination shall conform to the requirements of this section for the district in which it is located.
8. Pallet Yards. Modifications and additions to legal nonconforming pallet yards are permitted as described below.
a. Legal nonconforming pallet yards may be approved for expansions and additions of no more than 50% of the originally approved outdoor work/storage areas and/or buildings, when within existing site boundaries. b. Guard shacks of 16 square feet or more.
c. Heat treaters that are Underwriters Laboratories [ULI] approved and functioning as an accessory use to a pallet yard.
d. All modifications and/or additions must comply with the following:
i. All expansions and additions must comply with the current Fire Code and are subject to approval by the Fire Marshall prior to the issuance of building permits. ii. All expansions and additions must comply with the California Building Code and are subject to approval by the Building Official prior to the issuance of building permits.
iii. Existing pallet ar eas (areas used for work, assembly, and/or repair), overall pallet yard sites and structures may be expanded with approval of an Administrative Site Plan.
iv. All new outdoor areas shall be depicted on an approved site plan and must be located within areas paved with asphalt and/or concrete. e. New or expanded permanent canopy type structures used for outdoor storage, 718
Attachment No. 1
work, assembly, and/or repair must follow the SWIP development standards and design guidelines.
f. All new pallet areas shall be screened from view of the public right -of-way by a decorative block screening wall. All screening walls adjacent to the public right -of- way shall have a minimum height of (8) feet and shall not be located in the required setback area. A line of sight analysis shall be provi ded to ensure screening of the pallet and equipment areas. Additional wall height and/or berming may be added as needed to satisfy screening requirements as determined by the Director of Planning and/or Planning Commission.
g. Landscaping adjacent to the public right-of-way shall be installed as required by the SWIP. Pallet Yards are exempt from providing additional landscaping within the interior of the site (wall perimeters, parking area, storage area, etc.) enclosed by the required screen walls as long as incidental landscaping is provided as needed to satisfy screening and other requirements in interface area(s) open to public view.
h. New pallet storage areas must be designated on the site with markings such as paint and others materials to the satisfaction of the Fire Marshall.
***
719
Attachment No. 2
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
1. Project Title: Master Case No. 24-069, Specific Plan Amendment No. 24-002
2. Project Location - Specific:
(a) Project Location - City:
Project area is an irregularly shaped area and is generally located south of the Interstate 10 (I-10) freeway, near I-5 and SR-60 Fontana, CA 92336
(b) Project Location - County: San Bernardino
3. Description of nature, purpose, and beneficiaries of Project: Specific Plan Amendment No. 24-002 a request to modify Chapter 5.6 of the Southwest Industrial Park Specific Plan non-conforming section to include pallet yard expansion.
4. Name of Public Agency approving project: City of Fontana
5. Name of Person or Agency carrying out project: City of Fontana-Planning Department 8353 Sierra Avenue
Fontana, CA 92335
6. Exempt status: (Check one)
(a) Ministerial project.
(b) Not a project.
(c) Emergency Project.
(d) Categorical Exemption. State type and class number:
(e) Declared Emergency.
(f) Statutory Exemption. State Code section number:
(g) X Other. Explanation: 15162 through 15164, and Section 15183
7. Reason why project was exempt: These sections apply only to projects which can be found with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
8. Contact Person: Alejandro Rico, Associate Planner Telephone: (909) 350-6558
Date Received for Filing:
Rina Leung
Senior Planner
(Clerk Stamp Here)
720
NOTICE OF PUBLIC HEARING
Si desea información en Español referente a esta notificación o proyecto, favor de comunicarse al (909) 350-6728.
In compliance with Section No. 202 of the Americans with Disabiliti es 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 particip ate in this meeting, please contact the C ity 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 N o. 24-069 and Specific Plan Amendment No. 24-002: Update to the Southwest Industrial Park Specific Plan (SWIP) to amend to Chapter 5 (Implementation and Administration) to allow modifications and exp ansions of legal nonconforming pallet y ard sites.
Environmental
Determination:
Pursuant to Sections 15162 through 15164, and Section 15183 of the California Environmental Quality Act (CEQA) and Section 8.10 of the City of Fontana’s 2019 Local Guidel ines for Implementing CEQA, it has been determined that the previously certified South west Industrial Park Specific Plan Program Environmental Impact Report (SWIP PEIR) (State Clearinghouse [SCH] No. 2009091089) h as adequately identified the impacts associ ated with the Specific Plan Amendment (“proposed project”). The EIR was adopted by Cit y Council on June 12, 2012, and adequately identified any potential impacts associated with this project.
Location: The prop osed project site for the Specific Plan Am endment is located within the existing SWIP Specific Plan area. The existing SWIP project area is an irregularly shaped area and is generally located south of the Interstate 10 (I -10) freeway. Although the majori ty of the existing SWIP Project area is lo cated south of I -10 (between Etiwanda Avenue and beyond Jurupa Avenue, north of Philadelphia Avenue on the west and north of Jurupa Avenue to the east), two (2) smaller irregularly shaped areas in the existing SWIP are located north of the freeway and are generally situated south of San Bernardino Avenue between Banana Avenue and Beech Avenue.
ATTACHMENT NO. 3
721
Date of Hearing: November 19, 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 ques tions concerning this proje ct, plea se co ntact Alejandro Rico , Associate Planner, at (909) 350-6558 or [email protected]
ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR E MAIL WHICH MAY BE OF ASSISTANCE TO T HE PLANNING COMMISSION. A COPY OF THE A PPLICATION AND ENVIRONMENTAL D OCUMENTATION IS AVAILABLE FOR INSPECTION . PLEASE CO NTACT 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 SOME ONE ELSE RAISED
AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
Publish: November 9, 2024
S.B. Sun Newspaper
ATTACHMENT NO. 3
722
File #: 21-3442 Agenda Date: 11/19/2024
Agenda #: PH-C Category: Public Hearing
legally established pallet yards.
PROJECT PLANNER:
Alejandro Rico, Associate Planner
BACKGROUND INFORMATION:
The Southwest Industrial Park Specific Plan was adopted by the City of Fontana on June 12, 2012, to regulate truck, trailer, warehouse, industrial, and other uses. The SWIP Specific Plan includes nine Specific Plan Area zoning districts: Freeway Industrial/Commercial District, Jurupa North Research and Development District, Jurupa South Industrial District, Slover Central Manufacturing District, Slover East Industrial District, Slover West Industrial District, Speedway Industrial District, Residential Truck District, and Public Facilities District.
The Specific Plan includes provisions related to nonconforming uses; staff is proposing to revise the nonconforming section to allow internal expansion of legally nonconforming pallet yards, thus providing for the improvement of properties containing these uses within the Southwest Industrial Park specific plan.
PROJECT DESCRIPTION:
City staff initiated Specific Plan Amendment No. 24-002 to amend the Southwest Industrial Park (SWIP) Specific Plan by revising the nonconforming provisions of Chapter 5.6 to allow for the internal expansion of legally nonconforming pallet yards. This Amendment will allow such pallet yard operators the opportunity to expand operations within an existing site by providing guidance and regulations for internal expansions only, thus providing for business and operational improvements without increasing the overall area of individual pallet yard sites.
ANALYSIS:
Pallet yards are not currently a permitted use within any of the SWIP land use districts and thus, previously permitted operational pallet yards are considered to be legally nonconforming.
Nonconforming uses within the SWIP cannot expand either buildings or other operational areas even within their own sites, which has the effect of disallowing improvements such as building additions and site improvements. Such property improvements can provide enhancements that are positive additions to both the businesses, those businesses that they support, and the surrounding community. The proposed amendment is intended to allow for additional building and operations, when within the site of an existing, legally operating business.
The proposed amendment has been provided in Exhibit “A” of Attachment No. 1 MOTION:
Approve Staff recommendation
ATTACHMENTS:
1. Resolution/Exhibit “A”
2. Notice of Exemption
3. Public Hearing Notice
City of Fontana Printed on 11/14/2024Page 2 of 2
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723
Excerpt of the Planning Commission Meeting Minutes of November 19, 2024 Public Hearing Item C
ATTACHMENT NO. 3
PH-C Master Case No. 24-069: Specific Plan Amendment No. 24-002, a request to modify Chapter 5.6 of the Southwest Industrial Park Specific Plan to allow legal nonconforming “Pallet Yards” to expand operations within the Southwest Industrial Park Specific Plan, pursuant to a categorical exemption in accordance with CEQA Guidelines sections 15162 through 15164, and Section 15183.
Chair Fort opened Public Hearing.
Alejandro Rico, Associate Planner, presented the staff report.
The commission requested clarification on the allowance of 50% of expansion of existing pallet yards and buildings and the types of canopies over storage areas.
No one spoke in favor or opposition of this item.
The Public Hearing was closed.
RECOMMENDATION:
Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2024-057; and recommends that the City Council:
1. Determine that this Ordinance is categorically exempt pursuant to Sections 15162 through 15164, and Section 15183of the California Environmental Quality Act (CEQA) and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, it has been determined that the previously certified Southwest Industrial Park Specific Plan Program Environmental Impact Report (SWIP PEIR) (State Clearinghouse [SCH] No. 2009091089) has adequately identified the impacts associated with the Specific Plan Amendment (“proposed project”) and direct staff to File a Notice of Exemption;
2. Adopt an Ordinance for Specific Plan Amendment (SPA) No. 24-002 to modify text within Chapter 5.6 of the Southwest Industrial Park (SWIP) Specific Plan to allow expansions to legally established pallet yards within an existing site.
ACTION: Motion was made by Secretary Quintana and seconded by Commissioner Thrasher and passed by a vote of 4-0 to approve Public Hearing Item “C” and adopt Resolution PC No. 2024-057.
724
Excerpt of the Planning Commission Meeting Minutes of November 19, 2024 Public Hearing Item C
ATTACHMENT NO. 3
The motion carried by the following vote:
AYES: Chair Fort, Secretary Quintana, Commissioners Sangha and Trasher; NOES: None; ABSTAIN: None
ABSENT: Vice Chair Sanchez
725
ATTCHMENT NO. 4
NOTICE PUBLIC HEARING
Si desea información en Español referente a esta notificación o proyecto, favor de comunicarse al (909) 350-6728.
In compliance with Section 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 ens ure accessibility to this meeting.
A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:
MASTER CASE (MCN) NO. 24-069/SPECIFIC PLAN AMENDMENT (MCA) NO. 24-002
Update to the Southwest Industrial Park Specific Plan (SWIP) to amend to Chapter 5 (Implementation and Administration) to allow modifications and expansions of legal nonconforming pallet yard sites.
Environmental
Determination:
Pursuant to Sections 15162 through 15164, and Section 15183 of the California Environmental Quality Act (CEQA) and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, it has been determined that the previously certified Southwest Industrial Park Specific Plan Program Environmental Impact Report (SWIP PEIR) (State Clearinghouse [SCH] No. 2009091089) has adequately identified the impacts associated with the Specific Plan Amendment (“proposed project”). The EIR was adopted by City Council on June 12, 2012, and adequately identified any potential impacts associated with this project.
Location of Property:
The proposed project site for the Specific Plan Amendment is located within the existing SWIP Specific Plan area. The existing SWIP project area is an irregularly shaped area and is generally located south of the Interstate 10 (I-10) freeway. Although the majority of the existing SWIP Project area is located south of I -10 (between Etiwanda Avenue and beyond Jurupa Avenue, north of Philadelphia Avenue on the west and north of Jurupa A venue to the east), two (2) smaller irregularly shaped areas in the existing SWIP are located north of the freeway and are generally situated south of San Bernardino Avenue between Banana Avenue and Beech Avenue.
Date of Hearing:
December 10, 2024
Place of Hearing:
City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 2:00 pm
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Should you have any questions concerning this project, please contact Alejandro Rico, Associate Planner, at (909) 350-6558 or by email at [email protected].
ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL . A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION AT THE PLANNING DEPARTMENT, CITY HALL.
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 WR ITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
Publish Date: November 29, 2024
¼ page
727
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3293 Agenda Date: 12/10/2024
Agenda #: D. Category: Public Hearing
FROM:
Finance
SUBJECT:
Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts RECOMMENDATION:
1. Authorize staff to complete and record lien notices against real property for those sewer accounts sixty days or more delinquent as described in Certified Lien List and direct staff to forward recorded liens to the County for collection.
2. Authorize staff to complete and record liens against real property for those rubbish accounts more than ninety days delinquent as described in the Certified Lien List and direct staff to forward recorded liens to the County for collection.
3. Adopt Resolution No. 2024-136, of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.
..End
COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To practice sound fiscal management by developing long-term funding and debt management plans.
· To improve public safety by increasing operational efficiency, visibility, and availability.
DISCUSSION:
Public Hearings on proposed liens are scheduled quarterly to allow for timely collections and recording of indebtedness. The lien process protects revenues due to the City which would have otherwise been subject to loss through skipped accounts or property transfers.
The proposed lists (one each for sewer, rubbish and weed abatement) are on file with the City Clerk.
Each account has had notification by mail regarding the public hearing and intent to record the lien amount, as well as regular billing notification and legal advertisement as required by City Code.
Further, with respect to Weed Abatement, all property owners had the opportunity to protest weed abatement citations through an administrative hearing process.
The lists recommended for adoption contain the following:
Type of Account Number of Properties Current Lien Amount Receivables Protected to Date
Sewer 235 $74,986.58 $4,314,410.43
Rubbish* 98 $34,667.72 $9,528,638.74
Weed Abatement 99 $73,979.55 $4,200,627.23 City of Fontana Printed on 12/2/2024Page 1 of 2
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File #: 21-3293 Agenda Date: 12/10/2024
Agenda #: D. Category: Public Hearing
Type of Account Number of Properties Current Lien Amount Receivables Protected to Date
Sewer 235 $74,986.58 $4,314,410.43
Rubbish* 98 $34,667.72 $9,528,638.74
Weed Abatement 99 $73,979.55 $4,200,627.23 *Collections are payable to Fontana Rubbish
An administrative fee will be included to offset the City's costs to record the lien, as well as the County fee associated with release of the lien to ensure that property titles are cleared once payment has been made. All properties with unpaid liens as of July 1st will be automatically placed on the property tax rolls for collection.
FISCAL IMPACT:
The approval of this item will result in liens in the approximate total amount of $183,633.25 to be recorded and placed on the County property tax roll for collection. This action will prevent increases in customer charges due to uncollectible accounts. The Sewer lien list receivable amount was included as revenue to the Sewer Operations Maintenance Fund in current and prior budget periods.
The recording of Rubbish liens will strengthen Fontana Rubbish's ability to collect, thereby increasing the amount generated by the 12% franchise fee they remit to the City.
MOTION:
Approve staff recommendation.
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CITY OF FONTANA, CALIFORNIA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FONTANA WILL
HOLD A PUBLIC HEARING CONCERNING THE RECORDING OF REAL PROPERTY LIENS
AGAINST PROPERTIES SERVED BY THE CITY OF FONTANA RUBBISH COLLECTION
CONTRACTOR (BURRTEC WASTE) FOR THOSE ACCOUNTS MORE THAN NINETY DAYS
DELINQUENT, AND FURTHER, THE FORWARDING OF SAID LIENS TO THE COUNTY ASSESSOR’S OFFICE FOR ADDITION TO THE EXTENDED PROPERTY TAX ROLLS FOR COLLECTION. COPIES OF THE CERTIFIED LIEN LIST ARE AVAILABLE AT THE UTILITY BILLING DIVISION PUBLIC SERVICE COUNTER, 8353 SIERRA AVENUE, FONTANA, CALIFORNIA.
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 DELIVERED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
DATE OF HEARING: DECEMBER 10, 2024
TIME OF HEARING: 2:00 P.M.
PLACE OF HEARING: CITY HALL COUNCIL CHAMBERS
8353 SIERRA AVENUE
FONTANA, CA 92335
ANY INTERESTED PARTY MAY APPEAR AT THE HEARING AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. IF YOU HAVE
ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE CUSTOMER SERVICE STAFF AT (909) 822-2396.
PUBLISH: NOVEMBER 22, 2024
NOVEMBER 29, 2024
PROOF OF PUBLICATION REQUESTED
730
CITY OF FONTANA, CALIFORNIA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FONTANA WILL
HOLD A PUBLIC HEARING CONCERNING THE RECORDING OF REAL PROPERTY LIENS
AGAINST PROPERTIES SERVED BY THE CITY OF FONTANA SANITARY SEWER SYSTEM FOR
THOSE ACCOUNTS SIXTY DAYS OR MORE DELINQUENT, AND FURTHER, THE FORWARDING OF SAID LIENS TO THE COUNTY ASSESSOR’S OFFICE FOR ADDITION TO THE EXTENDED PROPERTY TAX ROLLS FOR COLLECTION. COPIES OF THE CERTIFIED LIEN LIST ARE AVAILABLE AT THE UTILITY BILLING DIVISION PUBLIC SERVICE COUNTER, 8353 SIERRA AVENUE, FONTANA, CALIFORNIA.
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 DELIVERED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
DATE OF HEARING: DECEMBER 10, 2024
TIME OF HEARING: 2:00 P.M.
PLACE OF HEARING: CITY HALL COUNCIL CHAMBERS
8353 SIERRA AVENUE
FONTANA, CA 92335
ANY INTERESTED PARTY MAY APPEAR AT THE HEARING AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. IF YOU HAVE
ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE UTILITY BILLING CUSTOMER SERVICE STAFF AT (909) 350-7670.
PUBLISH: NOVEMBER 22, 2024
NOVEMBER 29, 2024
PROOF OF PUBLICATION REQUESTED
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10CITY OF FONTANA, CALIFORNIA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FONTANA WILL
HOLD A PUBLIC HEARING CONCERNING THE RECORDING OF REAL PROPERTY LIENS AGAINST PROPERTIES PROVIDED WEED ABATEMENT SERVICES THROUGH THE CITY’S
WEED ABATEMENT PROGRAM FOR THOSE ACCOUNTS THIRTY DAYS OR MORE
DELINQUENT AND FURTHER, THE FORWARDING OF SAID LIENS TO THE COUNTY ASSESSOR’S OFFICE FOR ADDITION TO THE EXTENDED PROPERTY TAX ROLLS FOR COLLECTION. COPIES OF THE CERTIFIED LIEN LIST ARE AVAILABLE AT THE CUSTOMER SERVICE DIVISION PUBLIC SERVICE COUNTER, 8353 SIERRA AVENUE, FONTANA, CALIFORNIA.
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 DELIVERED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
DATE OF HEARING: DECEMBER 10, 2024
TIME OF HEARING: 2:00 P.M.
PLACE OF HEARING: CITY HALL COUNCIL CHAMBERS
8353 SIERRA AVENUE
FONTANA, CA 92335
ANY INTERESTED PARTY MAY APPEAR AT THE HEARING AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. IF YOU HAVE
ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE BUSINESS SERVICES CUSTOMER SERVICE STAFF AT (909) 350-7683.
PUBLISH: NOVEMBER 22, 2024
NOVEMBER 29, 2024
PROOF OF PUBLICATION REQUESTED
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Resolution No. 2024-136
RESOLUTION NO. 2024-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA
ADOPTING STATEMENT OF UNPAID EXPENSES FOR WEED
ABATEMENT AND IMPOSING A LIEN AGAINST PROPERTY FOR
PAYMENT THEREOF.
WHEREAS, the City of Fontana (“City”) has conducted its weed abatement program pursuant to the Fontana City Code, Section 27-1 et. seq.;
WHEREAS, at its meeting on September 24, 2024, the City Council discussed and considered all expenses and other costs of a batement which have remained unpaid to date, as specified in the Statement of Unpaid Expenses for Weed Abatement, on file with the City Clerk for public review and incorporated herein by reference (“Statement”);
WHEREAS, the City Council has read or h eard and considered all evidence and testimony presented to it with respect thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:
Section 1. Based on all evidence and testimony presented to the Council, the Statement is confirmed and adopted.
Section 2. All expenses and other costs noted on the Statement which remain unpaid to the City as of December 10, 2024, shall constitute a lien upon the real property against which the nuisance was abated, and shall be collected in any lawful means available to the City.
Section 3. The City Clerk is directed to file for recording a "Notice of Lien for Weed Abatement" with the Office of the Recorder for San Bernardino County after September 24, 2024 against those real properties listed on the Statement for any expenses and other costs noted on the Statement which remain unpaid to the City.
Section 4. The Auditor/Controller shall include the amount of the expenses on the bills for taxes levied against the real property against which the expenses have been imposed, and the same shall be collected in the same manner and together with the general taxes for the County of Sa n Bernardino, and shall be subject to the same penalties, interest and collection.
APPROVED AND ADOPTED this 10th day of December, 2024.
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Resolution No. 2024-136
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 10th day of December 2024, by the following to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
City Clerk of the City of Fontana
_____________________________________
Mayor of the City of Fontana
ATTEST:
_____________________________________
City Clerk
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3478 Agenda Date: 12/10/2024
Agenda #: E. Category: Public Hearing
FROM:
Finance
SUBJECT:
Continuation of the Public Hearing, Election, and Resolutions on Formation of Community Facilities District No. 115M (Parcel Map No. 19156).
RECOMMENDATION:
Immediately after conducting a Public Hearing on the formation of the City of Fontana Community Facilities District No. 115M, County of San Bernardino, State of California (the “District” or “Community Facilities District No. 115M”), staff recommends the City Council take the following actions in the following order:
1. Adopt Resolution No. 2024-137, Establishing the City of Fontana Community Facilities District No. 115M and the Boundaries thereof (the “Resolution of Formation”).
2. Adopt Resolution No. 2024-138, Calling a Special Election and Submitting to the Voters of Community Facilities District No. 115M a Proposition Regarding the Annual Levy of Special Taxes within Community Facilities District No. 115M to Pay the Costs of Certain Services to be Provided by Community Facilities District No. 115M and a Proposition Establishing an Appropriations Limit for Community Facilities District No. 115M (the “Resolution Calling the Election”).
3. Conduct the Special Election.
4. Adopt Resolution No. 2024-139, Declaring the Results of the Special Election for Community Facilities District No. 115M on the Propositions with Respect to (i) the Annual Levy of Special Taxes to Pay the Costs of Certain Services to be provided by Community Facilities District No. 115M and (ii) the Establishment of an Appropriations Limit (the “Resolution Declaring Election Results”).
5. Conduct First Reading (Read title only, and waive further reading) of Ordinance No. 1964, Authorizing the Levy of a Special Tax within Community Facilities District No. 115M (the “Ordinance”).
..End
COUNCIL GOALS:
· Practice sound fiscal management by fully funding liabilities and reserves. · Practice sound fiscal management by developing long-term funding and debt management plans.
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File #: 21-3478 Agenda Date: 12/10/2024
Agenda #: E. Category: Public Hearing
DISCUSSION:
The Mello-Roos Community Facilities Act of 1982 provides for the establishment of community facilities districts as an alternate method of financing certain essential public capital facilities and services, especially in the developing areas of the State of California. Once duly established by the City, a community facilities district is a separate legal entity with defined boundaries, for which the City Council acts on its behalf as its legislative body. Subject to approval by a two-thirds vote of the qualified electors in compliance with the provisions of the Act, the City Council, as the legislative body of the community facilities district, may levy a special tax to pay for ongoing public services, among other actions.
The landowner, IDIL West Valley Logistics Center, LP (the “Developer”),has submitted a petition to the City to form Community Facilities District No. 115M for the purposes of funding certain public services. The landowner’sproperty to be included in the District consists of approximately 215 acres of industrial property. The proposed development includes six (6) industrial commerce center buildings totaling approximately 3.43 million square feet and is located south of Jurupa Avenue and east of Alder Avenue in the City.
The Community Facilities District Report (which is included with the agenda documents) contains a brief description of the services to be funded by the District by type, an estimate of the costs of providing those services, and the incidental expenses to be incurred therewith.
On September 10, 2024, the City Council approved a resolution of intention (the “Resolution of Intention) declaring its intention to establish Community Facilities District No. 115M (the “District”), which also set a public hearing on the establishment of the District for October 22, 2024. Prior to the date of the public hearing, Developer notified the City that it had discovered certain parcels, classified as taxable parcels for purposes of the special tax, were in fact parcels required for drainage facilities and related infrastructure. Because the parcels were to be used for drainage facilities, their classification could no longer be considered taxable property and therefore the special taxes needed to be recalculated to account for a reduced number of total taxable acres. To allow time for the Developer to complete the required changes to the property classification and to allow time for the City’s special tax consultant and legal counsel to update the required formation documents, the public hearing was opened on October 22, 2024 and continued to December 10, 2024.
Because the classification change of these certain parcels, from taxable to non-taxable, has caused the special tax previously approved by the City Council through the adoption of the Resolution of Intention to be increased, pursuant to section 53325 of the Act, the City Council has directed that a report be prepared that includes a brief analysis of the impact of the proposed modifications on the probable special tax to be paid by the owners of parcels of property in the District (“Report on Modification of Special Tax”). Such report is on file with the City Clerk and attached for reference, and said report has been received and considered by the City Council. As a result of these changes an Amended and Restated Rate and Method of Apportionment of the Special Tax has been prepared and will be approved as part of the formation proceeding.
The purpose for establishing the District is to provide funding for the maintenance of parks, parkways, street lighting and open space within and surrounding the area of the District, the costs associated with the determination of the amount of a collection of taxes, the payment of taxes and costs otherwise incurred in order to carry out the authorized purposes of the District.
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File #: 21-3478 Agenda Date: 12/10/2024
Agenda #: E. Category: Public Hearing
Pursuant to the requirements of the Resolution of Intention and Government Code Section 53322, the City Clerk published a notice of the public hearing in a newspaper of general circulation in the City at least seven (7) days before the date of the public hearing. Additionally, the City Clerk’s designee gave notice of the public hearing by mail to the sole landowner within the District’s boundaries, as prescribed by Section 53322.4 of the California Government Code, at least fifteen (15) days before the public hearing. The boundary map of the District was recorded with the County on September 24, 2024.
At this meeting, the City Council will first continue and conduct the public hearing which was opened on October 22, 2024 and continued to today’smeeting on the formation of Community Facilities District No. 115M. Immediately thereafter, and in order to form the District, the City Council will need to take the following actions in the following order:
1. Adopt the Resolution of Formation which specifies that special taxes will be levied on all parcels of taxable property in the proposed District to finance the public services described therein. The rate and method of apportionment of the proposed special taxes that may be levied for these purposes are set forth as an exhibit to the Resolution of Formation.
2. Adopt the Resolution Calling the Election which authorizes conducting the special election for the District this evening with respect to the annual levy of special taxes to pay the costs of the authorized public services, and with respect to establishing an annual appropriations limit for the District.
3. Conduct the Special Election. The City Clerk will act as the election official for the special election. The City Clerk and the landowner have consented to the holding of the special election today December 10, 2024. The County Registrar of Voters has certified that there are no registered voters within the boundaries of the District, and thus, the vote is by the landowner. The City Clerk will announce the results of the canvass of ballots and the special election.
4. Adopt the Resolution Declaring Election Results which declares the results of the special election.
5. Conduct a first reading of the Ordinance. If the results of the special election are in favor of the levy of special taxes within the District, the City Council may call the first reading of the Ordinance, authorizing the levy of special taxes within the District.
FISCAL IMPACT:
This action will establish the District, which will levy each property within its boundaries using special tax formulas outlined in the Amended and Restated Rate and Method of Apportionment of Special Tax. The District’sFiscal Year 2025-26 maximum special tax has been established at $3,144.29 per taxable acre and allows for a 2% increase per year, effective July 1, 2026. All costs for establishing the District have been paid by the Developer with ongoing yearly maintenance services costs paid by the property owners subject to the special tax.
MOTION:
After conducting the public hearing, Approve the Resolution of Formation, Resolution Calling Election, Resolution Declaring Results of Election, and give first reading to Ordinance upon staff City of Fontana Printed on 12/5/2024Page 3 of 4
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File #: 21-3478 Agenda Date: 12/10/2024
Agenda #: E. Category: Public Hearing
Election, Resolution Declaring Results of Election, and give first reading to Ordinance upon staff recommendation.
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RESOLUTION NO. 2024-137
RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF
FONTANA ESTABLISHING THE CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 115M, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AND
THE BOUNDARIES THEREOF.
WHEREAS, on September 10, 2024, the City Council (the “City Council” ) of the City of Fontana (the “City”) adopted Resolution No. 2024-106 (the “Resolution of Intention”), declaring its intention to establish a community facilities district to be known as “City of Fontana Community Facilities District No. 115M, County of San Bernardino, State of California” (“CFD No. 115M”) under the provisions of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the “Act”) for the purpose of providing certain public services , and fixing the time and place for a pub lic hearing (the “Public Hearing”) on the formation of CFD No. 115M and the levy of special taxes therein; and
WHEREAS, as part of the Resolution of Intention , the City Council approved a boundary map of CFD No. 115M (the “Boundary Map”), as required by California Streets and Highways Code Section 3110, entitled “Proposed Boundaries of City of Fontana Community Facilities District No. 115M, San Bernardino County, State of California,” which is attached hereto as Exhibit “A” and incorporated herein by this reference; and WHEREAS, notice of the Public Hearing was published and mailed to the owners of all of the property in the proposed boundaries of CFD No. 115M; and WHEREAS, prior to the commencement of the Public Hearing there was filed with the City Council a report (the “Report”) containing a description of the services being financed within and for CFD No. 115M and an estimate of costs of providing such services, as required by Section 53321.5 of the Act, and such Report has been reviewed by the City Council; and
WHEREAS, on October 22, 2024, at the time and place set by the Resolution of Intention, the City Council opened and continued the Public Hearing regarding the consideration of the establishment and extent of CFD No. 115M, the levy of the special tax and the proposed rate, method , and apportionment and manner of collection of the special tax, the provision of services by CFD No. 115M, the establishment of an appropriations limit , and all other matters set forth in the Resolution of Intention to December 10, 2024; and
WHEREAS, the Public H earing was required to be continued to December 10, 2024 due to the property owner’s discovery that certain parcels included as taxable property in CFD No. 115M were in fact parcels required for drainage basins making their use as taxable property impractical and therefore such parcels were removed as taxable parcels within CFD No. 115M; and
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Resolution No. 2024-137
WHEREAS, due to the complexity of the change and the need to allow the property owner sufficient time to make the necessary corrections to ensure all property within CFD No. 115M is properly classified and accounted for , the City Council has continued the Public Hearing to December 10, 2024 , a period beyond thirty days in compliance with section 53325 of the Act; and
WHEREAS, the classification change of these certain parcels, from taxable to non- taxable, has caused the special tax previously proposed by the City Council through the adoption of the Resolution of Intention to be increased and therefore, pursuant to section 53325 of the Act, the City Council has directed that a report be prepared that includes a brief analysis of the impact of the proposed modifications on the probable special tax to be paid by the owners of parcels of property in CFD No. 115M; such report is on file with the City Clerk and is incorporated herein by this reference, and sa id report shall be received and considered by the City Council prior to approving this Resolution; and WHEREAS, as a result of the changes described above , an Amended and Restated Rate and Method of Apportionment for Community Facilities District No. 115M of the City of Fontana, County of San Bern ardino, State of California describing the increased special tax has been prepared and presented as part of this Resolution; and WHEREAS, at the Public Hearing all interested persons, including all taxpayers, property owners, and registered voters within the proposed boundaries of CFD No. 115M, were given an opportunity to appear and to be heard, and the testimony and protests of all interested persons and all taxpayers, property owners, and registered voters for or against the formation of CFD No. 115M, the levy of the special taxes therein, the provision of the services to be authorized therein, and any other matters set forth in the Resolution of Intention were heard and considered, and a full and fair hearing was held; and WHEREAS, at the Public Hearing evidence was presented to the City Council on the matters before it, and the City Council, at the conclusion of the hearing, was fully advised as to all matters set forth in the Resolution of Intention; and WHEREAS, the City Clerk has advised the City Council that a statement from the Registrar of Voters of the County of San Bernardino was received which stated that there are no persons registered to vote in the territory of CFD No. 115M; and WHEREAS, the City Council now desires to proceed to establish CFD No. 115M.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, as follows:
Section 1. Findings. The City Council hereby finds and determines as follows:
(a) All of the preceding recitals are true and correct and are incorporated herein by this reference;
(b) The City Council hereby finds that the complexity of CFD No. 115M requires additional time, and thus, the Public Hearing shall be continued beyond thirty days, and 740
Resolution No. 2024-137
the City Council finds the continuation of the Public Hearing to December 10, 2024 , a period beyond thirty days, is warranted and in compliance with section 53325 of the Act; (c) Pursuant to section 53325 of the Act, the City Council has directed a report be prepared that includes a brief analysis of the impact of the proposed modifications on the increases to the special tax to be p aid by the owners of parcels of property in CFD No. 115M, and said report has been received and considered, and is hereby approved by the City Council;
(d) At its meeting on December 10, 2024, pursuant to notice thereof duly given as provided by law, the City Council conducted the continued Public Hearing with respect to the formation of CFD No. 115M and the annual levying of specified special taxes on the taxable property within CFD No. 115M to pay the costs of services for CFD No. 115M, which are described in Exhibit “B” attached hereto;
(e) All prior proceedings with respect to the formation of CFD No. 115M prior to and during the Public Hearing which were conducted by the City Council were valid and in conformity with the requirements of the Act, and except to the extent inconsistent with this Resolution, the Resolution of Intention is reaffirmed, and its provisions and findings are, to that same extent, incorporated herein by this reference; (f) The Boundary Map was recorded on September 24, 2024, pursuant to Section 3110 et seq. of the California Streets and Highways Code, at page 98 of Book 91 of Maps of Assessment and Community Facilities Districts, and as Document No. 2024-0228085, in the official records of the County of San Bernardino; (g) At the close of the Public Hearing, written protests, if any, to the establishment or extent of CFD No. 115M or to any other matter contained in the Resolution of Intention, were submitted by less than fifty percent (50%) of the registered voters, or by less than six of the registered voters, if any, residing within the territory proposed to be included in CFD No. 115M. Similarly, the City Council finds that at the close of the Public Hearing, such written protests, if any, were submitted by the owners of less than one -half of the area of land in the territory proposed to be included in CFD No. 115M and not exempt from the special tax. Thus, the City Council finds that it is not precluded by the Act from proceeding further in this matter. The City Council further orders and determines that all protests, if an y, that may have been submitted have been considered and are hereby overruled; and
(h) No persons have been registered to vote within the territory of CFD No. 115M for each of the ninety (90) days p receding the close of the Public Hearing, and pursuant to Section 53326 of the Act, the vote in the Special Election (as defined below) provided for herein shall, therefore, be by the landowners within CFD No. 115M, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within CFD No. 115M which is not exempt from the special tax.
Section 2. Formation of District . The City of Fontana Community Facilities District No. 115M, County of San Bernardino, State of California, is hereby established. 741
Resolution No. 2024-137
The boundaries of CFD No. 115M are described and shown on the Boundary Map which is on file with the City Clerk and attached hereto as Exhibit “A” and incorporated herein, and said boundaries are hereby approved and established.
Section 3. Types of Services; Incidental Expenses. The services authorized to be financed by and through CFD No. 115M shall be those services shown on Exhibit “B” hereto (the “Services”). The City Council finds that the Services do not in any way exceed the description of the authorized services proposed in the Resolution of Intention.
All of the Services are necessary to meet increased demands placed on the City as a result of development occurring and anticipated to occur within CFD No. 115M.
CFD No. 115M shall also finance all costs associated with the establishment of CFD No. 115M, administration thereof, the determination of the amount of any special taxes to be levied, the costs of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purpose of CFD No. 115M.
Section 4. Special Taxes and Appropriations Limit. Except where funds are otherwise available, a special tax sufficient to pay for the Services and related incidental expenses provided in Section 3 above and the annual administrative expenses of the City and CFD No. 115M and in determining, apportioning, levying and collecting such special taxes shall be annually levied within CFD No. 115M. The amended and restated rate and method of apportionment of said special taxes shall be as set forth in Exhibit “C” attached hereto and by this reference made a part hereof , which sets forth in sufficient detail the rate and method of apportionment of the special taxes to allow each landowner or resident within CFD No. 115M to clearly estimate the maximum amount that such person will have to pay.
Pursuant to Section 53340 of t he Act, the special taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 115M may collect special taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessor’s parcels as permitted by the Act.
Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special taxes shall attach to all non -exempt real property in CFD No. 115M, and that l ien shall continue in force and effect until the collecti on of the special tax ceases. The Finance Department of the City of Fontana, located at 8353 Sierra Avenue, Fontana, California, 92335 and telephone number (909) 350-7600 is designated as the office responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel numbers and for estimating future special tax levies pursuant to Section 53340.2 of the Act.
Pursuant to Section 53325.7 of the Act, and subject to voter approval, the initial appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for CFD No. 115M is established in the amount of $5,000,000. 742
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Section 5. Exempt Properties . Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes.
Section 6. Report. The Report is hereby approved and is ma de a part of the record of the Public Hearing regarding the formation of CFD No. 115M and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.
Section 7. Description of Voting Procedures . The voting procedures to be followed in conducting the special election (the “Special Election”) as to (i) the proposition with respect to the levy of special taxes on taxable property within CFD No. 115M to pay the costs of the services to be provided by CFD No. 115M, and (ii) the proposition with respect to establishing an appropr iations limit for CFD No . 115M in the amount of $5,000,000, shall be as follows:
(a) Except as otherwise provide below, the Special Election shall be conducted by the City Clerk pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, t he provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.
(b) The Special Election shall be held on the earliest date, which may be selected by the City Council, following the adoption by the Ci ty Council of this Resolution and a resolution pursuant to Section 53326 of the Act submitting to the qualified electors the propositions with respect to the levy of special taxes to pay the costs of the services to be provided by CFD No. 115M and establishing an appropriations limit therefor, or such earlier date as the owners of land within CFD No. 115M and the City Clerk agree and concur is acceptable.
(c) Pursuant to Section 53326 of the Act, the time limits for conducting the Special Election may be waived by the qualified electors by unanimous consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(d) Pursuant to said Section 53326 of the Act , ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail wit h return postage prepaid, or by personal service.
(e) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution call ing and consolidating the Special Election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, and unless waived as provided for in the Act, shall include a sample ballot identical in form to the offi cial ballot but identified as a sample ballot, an impartial analysis by the City Attorney pursuant to Section 9280 of that Code with respect to the ballot propositions contained in the official ballot, arguments and rebuttals, if any, 743
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pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the Resolution of Intention, provided, however, that such conduct, statements, analysis and arguments may be waived pursuant to the Act with the unanimous consent of all the landowners who are qualified electors and shall be so stated in the resolution adopted by the City Council calling the Special Election. Such statements, impartial analysis and arguments, if any, shall be prepared by the City Attorney.
(f) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner -voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official b allot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner -voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner- voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner- voter’s land ownership within CFD No. 115M.
(g) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the autho rized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk as the election official.
(h) The instructions to voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 2:00 p.m. on the date of the election ; provided that if all qualified voters have voted, the election shall be closed with the concurrence of the City Clerk. (i) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. 744
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The procedures set forth in this section for conducting the Special Election, if it is held, may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
Section 8. Effective Date. This Resolution shall take effect immediately from and after the date of its passage and adoption.
APPROVED AND ADOPTED this 10th day of December, 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 thereof, held on the 10th day of December 2024, by the following to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
City Clerk of the City of Fontana
___________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________
City Clerk
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A-1
EXHIBIT A
BOUNDARY MAP
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B-1
EXHIBIT B
DESCRIPTION OF PUBLIC SERVICES
The types of services to be provided by the proposed community facilities district are the maintenance of parks, parkways, street lighting and open space within and surrounding the area of the District and within and surrounding the area of any territory to be annexed to the District in the future and the costs associated with the determination of the amount of a collection of taxes, the payment of taxes, and costs otherwise incurred in order to carry out the authorized purposes of the community facilities district.
“Maintenance” means the furnishing of services and materials for the ordinary a nd usual maintenance, operation and servicing of such parks, parkways, street lighting and open space, and the incidental costs related thereto, including but not limited to:
a) Repair, removal, or replacement of all or any part of any improvement.
b) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
c) The removal of trimmings, rubbish, debris, and other solid waste.
d) The cleanin g, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
e) Any and all other services authorized pursuant to the Act.
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EXHIBIT C
AMENDED AND RESTATED
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 115M OF THE
CITY OF FONTANA, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property in City of Fontana Community Facilities District No. 115M ("CFD No. 115M") and collected each Fiscal Year, commencing in Fiscal Year 2025 -2026, in an amount determined by the City Council of the City of Fontana, through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 115M, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre” or “Acreage" means the land area expressed in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the CFD Administrator using the boundaries set forth on such map or plan.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, of Part 1 of Division 2 of Title 5 of the Government Code of the State of California
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 115M, including, but not limited to: the costs o f computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 115M or any designee thereof of complying with City or CFD No. 115M disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 115M or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 115M for any other administrative purposes of CFD No. 115M, including att orney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
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C-2
"Assessor’s Parcel" means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the County Assessor of the County of San Bernardino designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that number assigned to an Assessor’s Parcel by the County of San Bernardino for purposes of identification.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, providing for the levy and collection of the Special Taxes, and performing other duties as set forth herein.
“CFD No. 115M” means the City of Fontana Community Facilities District No. 115M.
"City" means the City of Fontana, California.
"Council" means the City Council of the City of Fontana, acting as the legislative body of CFD No. 115M.
"County" means the County of San Bernardino.
"Developed Property" means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property for which a final tract map, parcel map, lot line adjustment or any other similar map which subdivides such parcels into lots for which a building permit could be issued for construction has been recorded with the County, as of January 1 of the previous Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June
30. "Land Use Class" means any of the classes listed in Table 1 below.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C hereof, that can be levied by CFD No. 115M in any Fiscal Year on any Assessor’s Parcel.
“Property Owner Assoc iation Property" means, for each Fiscal Year, any Assessor’s Parcel within the boundaries of CFD No. 115M that was owned by or irrevocably offered for dedication to a property owner association, including any master or sub-association, as of January 1 of the previous Fiscal Year.
“Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property.
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"Public Property" means, for each Fiscal Year, a ny property within the boundaries of CFD No. 115M that is (i) owned by, irrevocably offered or dedicated to the federal government, the State, the County, the City, or any local government or other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by a public utility easement or as a water detention basin making impractical its use fo r any purpose other than that set forth in the easement. To ensure that property is classified as Public Property in the first Fiscal Year after it is acquired by, irrevocably offered for dedication to, or dedicated to a public agency, the property owner shall notify the CFD Administrator in writing of such acquisition, offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or dedication occurred.
“Rate and Method of Apportionment” means this Amended and Restated Rate and Method of Apportionment of Special Taxes for CFD No. 115M.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property, to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 115M to pay for: (1) maintenance services authorized to be financed by CFD No. 115M, (2) Administrative Expenses, (3) anticipated delinquent special taxes (such delinquent special taxes shall be estimated based on the delinquency rate in CFD No. 115M for the previous Fiscal Year), and (4) less a credit for funds available to reduce the annual Special Tax levy, if any, as determined by the CFD Administrator.
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 115M which are not exempt from the Special Tax pursuant to law or Section E below.
“Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property which are not categorized as Developed Property.
"Welfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is used exclusively for charitable, hospital, or religious purposes and that has a property tax welfare exemption as indicated in the County’s assessor’s roll finalized as of the last preceding January 1, including those Assessor’s Parcel receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code.
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B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, commencing with Fiscal Year 2025 -2026, all Taxable Property within CFD No. 115M shall be categorized as either Developed Property or Undeveloped Property, and shall be subject to the Special Tax in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
The Fiscal Year 2025 -2026 Maximum Special Tax for each Assessor’s Parcel classified as Developed Property shall be equal to the amount shown in the table below:
TABLE 1
Fiscal Year 2025-2026
Maximum Special Tax for Developed Property
Land Use Class FY 2025-2026 Maximum Special Tax
Developed Property $3,144.29 per Acre
On each July 1, commencing July 1, 2026, the Maximum Special Tax for Developed Property shall increase by two percent (2%) per Fiscal Year.
2. Undeveloped Property
The Maximum Special Tax for each Assessor’s Parcel classified as Undeveloped Property shall be equal to $0 per Acre.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2025 -2026 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement and the City shall provide for the levy of the Special Tax until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows:
The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the Maximum Special Tax for such Assessor’s Parcel.
E. EXEMPTIONS
No Special Tax shall be levied on (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements 751
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C-5
making impractical t heir utilization for other than the purposes set forth in the easement, (iv) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, (v) or any Assessor’s Parcel that has a Welfare Exemption. Should an Assessor’s Parcel, however, no longer be classified as items (i) -(v) above, including Property Owner Association Property, Public Property, or have a Welfare Exemption, its tax -exempt status will, without the necessity of any action by the Council, terminate.
The exempt status of any property will be determined by the CFD Administrator and such determination shall be final.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem property taxes; provided, however, that CFD No. 115M may directly bill the Special Tax, and/or m ay collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 115M.
G. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to meet the Special Tax Requirement, u nless no longer required to pay for the authorized services as determined at the discretion of the Council.
H. APPEALS
Any landowner or resident who feels that the amount of the Special Tax levied on his/her Assessor’s Parcel is in error may submit a written appeal to the CFD Administrator, provided that the appellant is current in his/her payment of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, a cash refund shall not be made (except for the last year of levy ), but the amount of the Special Tax levied shall be appropriately modified, reduced, or eliminated through an adjustment to the Special Tax levy in the following Fiscal Year. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has thirty (30) days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payment of Special Taxes. This second appeal must specify the reasons for its disagreement with the CFD Administrator's 752
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determination.
The CFD Administrator shall interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals.
Any decision of the CFD Administrator shall be subject to appeal to the Council whose decision shall be final and binding as to all persons.
I. PREPAYMENT
No prepayments of the Special Tax are permitted.
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RESOLUTION NO. 2024-138
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FONTANA CALLING A SPECIAL ELECTION AND SUBMITTING TO
THE VOTERS OF CITY OF FONTANA COMMUNITY FACILITIES
DISTRICT NO. 115M, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, A PROPOSITION REGARDING THE ANNUAL LEVY OF
SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO
PAY THE COST OF CERTAIN PUBLIC SERVICES TO BE PROVIDED
BY THE COMMUNITY FACILITIES DISTRICT AND ESTABLISHING AN
APPROPRIATIONS LIMIT FOR THE COMMUNITY FACILITIES
DISTRICT.
WHEREAS, on December 10, 2024, the City Council (the “City Council”) of the City of Fontana (the “City”) adopted its resolution of formation (the “Resolution of Formation”) of the City of Fontana Community Facilities District No. 115M, County of San Bernardino, State of California (“CFD No. 115M”), pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the “Act”), thereby establishing CFD No. 115M and the boundaries thereof; and WHEREAS, pursuant to Section 53326 of the Act, it is necessary that the City Council submit to the qualified voters of CFD No. 115M the proposition relating to the annual levy of special taxes on taxable property within CFD No. 115M to pay the costs of providing the public services described in the Resolution of Formation; and WHEREAS, pursuant to Section 53325.7 of the California Government Code, the City Council may also submit to the qualified voters of CFD No. 115M a proposition with respect to establishing an appropriations limit for CFD No. 115M; and WHEREAS, the City Clerk (the “City Clerk”) has advised the City Council that a statement has been received from the Registrar of Voters of the Co unty of San Bernardino stating that there are no persons registered to vote in the territory of CFD No. 115M; and
WHEREAS, the City Council is fully advised in this matter and now desires to call the special mail ballot election.
NOW, THEREFORE, BE IT RESO LVED by t he City Council of the City of Fontana, as follows:
Section 1. Findings. The City Council hereby finds and determines as follows:
(a) The foregoing recitals are true and correct and are incorporated herein by this reference;
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(b) The public hear ing held by the City Council pursuant to the resolution declaring its intention to establish CFD No. 115M adopted September 10, 2024 (the “Resolution of Intention ”) has been properly conducted, and notice thereof was duly given, in compliance with all applicable requirements of the Act; (c) No written protests were filed with the City Clerk prior to the conclusion of said public hearing and the City Council is therefore authorized, pursuan t to Section 53326 of the Act, to submit to the qualified electors o f CFD No. 115M the question of the levy of the special tax and the appropriations limit; (d) No persons have been registered to vote within the territory of CFD No. 115M for each of the 90 days preceding the close of the public hearing on December 10, 2024 , a nd pursuant to Section 53326 of the Act, the vote in the special election called by this Resolution shall, therefore, be by the landowners of CFD No. 115M whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within CFD No. 115M which would be subject to the proposed special taxes if they were levied at the time of the election; (e) The owner of all of the property in CFD No. 115M has, by written consent, (a) waived the conduct and time limits for holding the election called by this Resolution, including as set forth in Section 53326 of the California Government Code , (b) consented to the calling and holding of the special election on December 10, 2024, (c) waived notice of the time and date of the special e lection, (d) waived an impartial analysis of the ballot propositions pursuant to Section 9313 or 13119 of the California Elections Code and arguments and rebutt als pursuant to Sections 9314 to 9 317, inclusive, (e) waived the word limit requirement for the ballot pursuant to Section 13247 and 9051 of the Elections Code, and (f) waived the mailing of a statement pursuant to the Elections Code, and receipt of a ballot pamphlet as required by Section 3023 of that Code; and
(f) The City Clerk, as the election official, has consented to the holding of the special election on December 10, 2024.
Section 2 . Call of Election . The City Council hereby calls and schedules a special e lection for December 10, 2024 , within and for CFD No. 115M as to (i) the proposition with respect to the annual levy of special taxes on taxable property within CFD No. 115M for the payment of the costs of the public services to be provided withi n and for the benefit of CFD No. 115M, and (ii) the proposition with respect to establishing an appropriations limit for CFD No. 115M.
Section 3 . Propositions. The propositions to be submitted to the qualified electors of CFD No. 115M at such special election shall be as follows:
Proposition A: “Shall the City of Fontana, Community Facilities District No. 115M, County of San Bernardino, State of California, subject to accountability measures required pursuant to Government Code Section 755
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50075.1, levy a special tax annually on taxable property therein, to pay the costs of certain services as defined and for the purposes specified in the Resolution of Formation adopted by the City Council of the City of Fontana on December 10, 2024 (the “Resolution of Formation”), to accumulate and fund the maintenance of parks, parkways, street lighting and open space , including any incidental expenses authorized by the Mello -Roos Community Facilities Act of 1982, and any other expense required in order to carry out the autho rized purposes of Community Facilities District No. 115M and within and surrounding the area of any territory to be annexed to Community Facilities District No. 115M in the future , and to levy and collect the special tax, so long as the special tax is need ed to pay for the services and for such other purposes, at the special tax rates and pursuant to the Rate and Method of Apportionment for the City of Fontana Community Facilities District No. 115M, County of San Bernardino, State of California, which is at tached as Exhibit “C” to the Resolution of Formation adopted by the City Council of the City of Fontana on December 10, 2024?”
Proposition B: “Shall the City of Fontana Community Facilities District No. 115M, County of San Bernardino, State of California , establish an annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, in the amount of $5,000,000?” Section 4. Conduct of Election . Except as otherwise provided in Section 5 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail , and provisions of the Act, insofar as they may be applicable. The ballot for said elections shall be in the form attached hereto as Exhibit “A.”
Section 5. Election Procedures. The procedures to be followed in conducting the special e lection on the propositions described in Section 3 above shall be as follows:
(a) Pursuant to Section 53326 of the Act, ballots for the special election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to elections conducted by mail, and of the Act, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit “A,” and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, ballot title and summary, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk 756
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for the return of voted official ballots , and a copy of the Resolution of Intention adopted by the City Council on September 10, 2024.
(c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printe d o r typed thereon the name of the landowner -voter and the number of votes to be voted by the landowner -voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing th e certification is the person who voted the official ballot, and if the landowner -voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner -voter entitled to vote such official ballot, that he or sh e has been authorized to vote such official ballot on behalf of the landowner - voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner -voter is entitled base d on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within CFD No. 115M. (d) The r eturn identification envelope to be mailed or delivered by the City Clerk to each landowner -voter shall have printed or t yped thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The instructions to voter form to be mailed or delivered by the City Clerk to the landowner-voter shall inform them that the official ballot shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed retu rn identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 2:00 p.m. on the date of the special election; provided that if all qualified el ectors have voted, the elec tion shall be closed with the concurrence of the City Clerk.
(f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the special e lection, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
Section 6. Effective Date. This Resolution shall take effect immediately from and after the date of its passage and adoption.
757
Resolution No. 2024-138
APPROVED AND ADOPTED this 10th day of December, 2024.
READ AND APPROVED AS TO LEGAL FORM:
__________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting on the 10th day of December, 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
758
A-1
EXHIBIT “A”
FORM OF OFFICIAL BALLOT
SPECIAL ELECTION FOR
CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 115M
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
December 10, 2024
This ballot represents ___ votes.
To vote, mark a cross (+) or “X” in the voting square after the wo rd “YES” or after the word “NO.” All marks otherwise made are forbidden.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another.
PROPOSITION A : “Shall the City of Fontana, Community
Facilities District No. 115M, County of San Bernardino, State of California, subject to accountability measure s required pursuant to Government Code Section 50075.1, lev y a special tax annually on taxable property therein, to pay the costs of certain services as defined and for the purposes specified in the Resolution of Formation adopted by the City Council of th e City of Fontana on December 10 , 2024 (the “Resolution of Formation”), to accumulate and fund the maintenance of parks, parkways, street lighting and open space, including any incidental expenses authorized by the Mello -Roos Community Facilities Act of 1982, and any other expense required in order to carry out th e authorized purposes of Community Facilities District No. 115M and within and surrounding the area of any territory to be annexed to Community Facilities District No. 115M in the future, and to le vy and collect the special tax, so long as the special tax is needed to pay for the services and for such other purposes, at the special tax rates and pursuant to the Rate and Method of Apportionment for the City of Fontana Community Facilities District No . 115M, County of San Bernardino, State of California, whic h is attached as Exhibit “C” to the Resolution of Formation adopted by the City Council of the City of Fontana on December 10, 2024?”
Yes
No
759
A-2
PROPOSITION B : “Shall the City of Font ana Community
Facilities District No. 115M, County of San B ernardino, State of California, establish an annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, in the amount of $5,000,000?”
Yes
No
PROPOSITION A IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 50075 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
760