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
powered by Legistar™
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
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.
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
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
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
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,
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.
***
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)
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
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
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
powered by Legistar™