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 THE SOUTHWEST INDUSTRIAL PARK SPECIFIC PLAN TO ALLOW NONCONFORMING 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. Code 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 revisions 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 Update 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 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 amendments 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 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 appropriate 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 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. 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, 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 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:
AYES:
NOES:
ABSENT:
ABSTAIN:
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City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
“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 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.
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.
Guard shacks of 16 square feet or more.
Heat treaters that are Underwriters Laboratories [ULI] approved and functioning as an accessory use to a pallet yard.
All modifications and/or additions must comply with the following:
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.
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.
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.
All new outdoor areas shall be depicted on an approved site plan and must be located within areas paved with asphalt and/or concrete.
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.
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.
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.
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. ***
Ordinance No. 1963