Agenda packet — Fontana City Council, March 25, 2025 (part 4 of 4)

DRAFT
614

30 Regionally, R/ECAPs were initially concentrated in urban cores such as San Bernardino and Riverside in 1990. By 2000, they expanded into eastern and southern portions of the region, particularly where Hispanic populations had increased significantly. In 2010, this trend continued, with San Bernardino, Ontario, and parts of Rivers ide County displaying persistent patterns of racial and ethnic concentration and poverty. Today, R/ECAPs remain in these urban centers, with additional expansion into suburban areas. The highest concentrations of Hispanic residents are in areas that overlap with R/ECAPs, highlighting a strong correlation between racial composition and economic disparity.

Over time, both Fontana and the region have seen an increase in R/ECAPs, with economic and racial segregation becoming more deeply entrenched. The presence of publicly supported housing and Housing Choice Voucher recipients in these areas reinforces these patterns. The persistence of these trends suggests that historical racial segregation and economic disparities continue to shape the housing landscape, limiting access to economic opportunities and resources for those living in these areas.

Describe how R/ECAPs align with the location of publicly supported housing.

The maps indicate that R/ECAPs and publicly supported housing significantly overlap within Fontana, and the same is true for the region. Most publicly supported housing developments, including Project -Based Section 8 and Low -Income Housing Tax Credit (LIHTC) properties, are located within or adjacent to R/ECAP areas. The highest concentrations of HCV-assisted households also align with these areas, reinforcing a pattern where subsidized housing is predominantly situated in neighborhoods with a higher proportion of low-income and non-White residents. This suggests that residents of publicly supported housing face limited access to areas with lower poverty rates and more economic opportunities, reinforcing existing patterns of segregation. The alignment between R/ECAPs and publicly supported housing locations indicates that affordable housing developments have historically been sited in areas that already have high levels of racial/ethnic and economic segregation, rather than being distributed throughout Fontana and region.

Compare the demographic composition of occupants of publicly supported housi ng in R/ECAPS to the demographic composition of occupants of publicly supported housing outside of R/ECAPs.

Table 9 shows the demographics of publicly supported housing units inside and outside of R/ECAPs in Fontana. The table shows that publicly supported housing in Fontana’s R/ECAP is predominantly occupied by Black and Hispanic households, while publicly supported housing outside of R/ECAPs has a more diverse demographic composition with higher proportions of White and AAPI residents.

In Project -Based Section 8 housing within R/ECAPs, 63.83% of residents are Hispanic, compared to 42.76% in non-R/ECAP areas. The Black population in these units is also higher in R/ECAPs at 31.91% compared to 16.45% outside of R/ECAPs. Conversely, White residents comprise only 2.13% of Section 8 housing in R/ECAPs, whereas they represent 32.24% of DRAFT
615

31 residents in non- R/ECAP areas. The AAPI population represent 2.13% of residents within R/ECAPs, and 7.24% of residents outside of them.

The Housing Choice Voucher (HCV) Program also reflects these patterns, with 64.41% of HCV households in R/ECAPs identifying as Black, compared to 58.37% in non- R/ECAPs.

Hispanic households make up a slightly higher share in R/ECAPs at 32.20% compared to

29.11% outside of R/ECAPs, while White representation is lower in R/ECAPs at 3.39% versus

10.80% outside of these areas. AAPI representation within R/ECAPs is nonexistent and is

1.07% outside of them.

Regarding family composition, Project -Based Section 8 housing in R/ECAPs has a much higher share of families with children (63.83%) than non-R/ECAP units (12.17%). However, the HCV program in R/ECAPs has a lower proportion of families with children (42.37%) compared to non -R/ECAP areas (46.80%). Elderly residents make up a small share of R/ECAP Section 8 housing (8.51%) compared to a much larger share (77.96%) outside of R/ECAPs, and they make up 22.03% of R/ECAP HCV-assisted residents compared to 31.96% outside of them. This suggests that publicly supported housing outside of R/ECAPs may serve a larger senior population.

Disability representation follows a similar trend, with non-R/ECAP Section 8 housing having a higher percentage of occupants with disabilities (11.48%) compared to 3.42% in R/ECAPs.

The HCV program also has a higher di sability rate in non -R/ECAP areas (28.65%) than in R/ECAPs (24.22%).

Overall, publicly supported housing in R/ECAPs is characterized by a higher concentration of Black and Hispanic residents, more families with children, and fewer elderly and disabled residents compared to non-R/ECAP publicly supported housing. These differences suggest that publicly supported housing outside of R/ECAPs may offer greater access to resources and amenities that attract elderly and White residents, while R/ECAP housing continues to serve predominantly minority and lower-income family populations.

Table 9 - R/ECAP and Non-R/ECAP Demographics by
Publicly Supported Housing Program Category
DRAFT
616

32 Describe the public or private policies or practices, demographic shifts, economic trends, or other factors that may have caused or contributed to the patterns described above.

Historical zoning and land use policies have contributed significantly to patterns of segregation and concentrated poverty. Exclusionary zoning laws have limited the development of multifamily and affordable housing in certain areas, reinforcing racial and economic segregation. These restrictions have historically prevented lower -income households, particularly communities of color, from accessing housing in wealthier or better-resourced neighborhoods. Additionally, redlining and discriminatory lending practices made it difficult for minority families to secure home loans, leading to a long-term disparity in homeownership and wealth accumulation. While many of these practices have been outlawed, their lasting effects continue to shape the geography of race and poverty.

Economic factors have also played a critical role in reinforcing these patterns. Rising housing costs, stagnant wages, and limited access to credit have disproportionately affected low-income and minority households. Many working -class families, particularly Hispanic and Black households, remain concentrated in areas with lower housing costs but fewer economic opportunities. Publicly supported housing has often been placed in these same areas rather than being distributed more evenly across Fontana, further entrenching segregation. The location of job centers and transportation infrastructure also influences where people live, with lower-income families often having to choose between affordable housing and proximity to employment.

Immigrant communities tend to cluster in areas with established cultural and social networks, often in lower -cost housing markets. At the same time, gentrifi cation and redevelopment in certain areas have displaced lower-income residents, pushing them into more affordable but often segregated neighborhoods.

D. Disparities in Access to Opportunity

1. Education
Describe any disparities in access to proﬁcient schools based on race/ethnicity, national origin, and family status.

DRAFT
617

33 Table 10, below, includes a School Proficiency Index that assesses the proximity of various racial/ethnic groups to neighborhoods with high- performing schools. The school proficiency index is based on school-level data from 4th grade state exam performance, ranging from 0 to 100, with higher scores indicating closer proximity to high- performing schools.

Access to high-performing schools varies significantly by race and ethnicity in the city of Fontana. Hispanic residents have the lowest school proficiency index (23.28), while AAPI residents have the highest (46.60). White and Black residents have similar index values (36.95 and 38.93, respectively), while Native American residents have a slightly lower score (28.26). Residents below the Federal Poverty Level (FPL) generally have less access, with Hispanic residents facing the greatest disadvantage (16.61), while AAPI residents still maintain the highest score (36.45). Black residents below the FPL experience a notable drop in access compared to their non-poverty counterparts.

Compared to the region, the City of Fontana has generally lower access to proficient schools across all racial and ethnic groups. The regional school proficiency index is higher for all groups, with Hispanic residents having the lowest score (33.26) and AAPI residents having the highest (51.51). While disparities exist in both the city of Fontana and the region, residents in the city of Fontana—particularly those below the poverty line —have reduced access to high- performing schools, indicating a greater concentration of low -performing schools in their neighborhoods.

Table 10 – Opportunity Indicators by Race/Ethnicity
DRAFT
618

34 Describe the relationship between the residency patterns of racial/ethnic, national origin, and family status groups and their proximity to proﬁcient schools.

Map 12 - 14 show the School Proficiency Index and population distribution by race/ethnicity, national origin, and family type. The maps are shaded according to school proximity index values. The darker shaded areas are those with higher index values, indicating the presence of higher performing schools in those areas.

The maps reveal that areas with the lowest school proficiency index values are primarily located in the central and southern portions of the city of Fon tana, which have higher concentrations of Hispanic and Black residents, as well as foreign- born residents from Mexico and Central America. In contrast, neighborhoods with higher school proficiency index values are generally located in the northern and western parts of the city of Fontana, where a higher proportion of White and Asian residents reside.

Overall, the maps indicate a correlation between residency patterns and access to proficient schools. Areas with the darkest shading, which signify the best access to high-performing schools, are more commonly found in neighborhoods with a greater presence of White and Asian residents. Meanwhile, Hispanic and Black residents, along with foreign- born individuals from Mexico and Central America, are more likely to reside in areas with lower school proficiency index values.

Map 12 – Demographics and School Proficiency by Race/Ethnicity DRAFT
619

35 DRAFT
620

36 Map 13 – Demographics and School Proficiency by National Origin

DRAFT
621

37 Map 14 – Demographics and School Proficiency by Family Status

2. Employment
Describe any disparities in access to jobs and labor markets by protected class groups.

Table 10 includes a Jobs Proximity Index, which measures the physical distance between where residents of different races/ethnicities live and the location of jobs. A higher index value indicates better access to employment opportunities. In the city of Fontana, Native American residents have the highest index value (49.12), suggesting they reside closest to employment centers. Hispanic residents also have relatively high proximity (47.69), while DRAFT
622

38 AAPI, Black, and White residents have slightly lower index values (48.47, 47.27, and 46.04, respectively).

Across racial/ethnic groups, residents living below the Federal Poverty Level (FPL) generally live in closer proximity to job centers than the overall population. Native American residents below the FPL have the highest index value (66.83), indicating better access to employment opportunities, while Hispanic residents below the FPL have the lowest (44.75), suggesting a greater distance from job centers. Black residents below the FPL experience an increase in proximity compared to their overall population, with an index of 51.83.

Table 10 also includes a Labor Market Index, which measures the unemployment rate, labor force participation rate, and percentage of the population aged 25 and above with at least a bachelor’s degree. A higher index value indicates that residents live in a neighborhood with stronger labor market conditions. In the city of Fontana, Hispanic residents have the lowest Labor Market Index (22.52), while AAPI residents have the highest (39.53). White and Black residents have slightly higher index values (32.48 and 33.83, respectively), with Native American residents at 25.99.

Residents below the FPL tend to have lower Labor Market Index values across all racial/ethnic groups. Hispanic residents below the FPL have the second lowest value (17.59), while Native American residents have the most significant disparity, with a value of 13.15.

Black and White residents below the FPL experience smaller declines compared to their overall populations, with values of 25.39 and 23.84, respectively.

Compared to the region, the city of Fontana generally has lower Labor Market Index values, indicating fewer opportunities for high labor force participation and human capital. The region’s highest index value belongs to AAPI residents (42.31), while Hispanic residents have the lowest (24.37). The disparities in labor market access are more pronounced f or those living below the FPL, particularly among Hispanic and Native American residents, who are least likely to live in areas with strong labor markets.

Describe how a person’s place of residence aﬀects their ability to obtain a job.

Maps 15 -17 illus trate the Jobs Proximity Index and population distribution by race/ethnicity, national origin, and family type. On these maps, the areas with darker shading have higher index scores, which means they are closer to areas of employment.

Maps 18 -20 demonstrate the Labor Market Index and population distribution by race/ethnicity, national origin, and family type. On these maps, the areas with darker shading have higher index values, which means they have higher labor force participation and human capital.

These maps show that the neighborhoods in southwest Fontana have the highest proximity to employment, and proximity declines as you head northeast through the city. Job proximity is lowest for neighborhoods to the north and south of the ci ty’s center.

Additionally, neighborhoods in the city’s center have the lowest levels of labor force participation and human capital, whereas neighborhoods in the northwest part of the city have the highest levels of labor force participation and human capital.

DRAFT
623

39 Map 15 – Demographics and Job Proximity by Race/Ethnicity

DRAFT
624

40 Map 16 – Demographics and Job Proximity by National Origin

DRAFT
625

41 Map 17 – Demographics and Job Proximity by Family Status

DRAFT
626

42 Map 18 – Demographics and Labor Market by Race/Ethnicity

DRAFT
627

43 Map 19 – Demographics and Labor Market by National Origin

DRAFT
628

44 Map 20 – Demographics and Labor Market by Family Status

Describe which racial/ethnic, national origin, or family status groups are least successful in accessing employment.

Table 11 - Labor Force Participation and Unemployment, shows data on workforce participation and unemployment rates by race/ethnicity, disability status, and sex. The data indicate that, in the city of Fontana, the overall labor force participation rate is 66.10%, with an unemployment rate of 5.90%. Among racial/ethnic groups, Native American residents experience the highest unemployment rate (11.50%), followed by Black residents (7.20%).

White, non-Hispanic residents have the lowest unemployment rate (5.10%) but also the lowest labor force participation rate (62.10%).

DRAFT
629

45 Individuals with disabilities face significant barriers to employment, with a much lower labor force participation rate (42.90%) and a higher unemployment rate (10.90%) than the overall population. Gender disparities also exist, as males have a much higher labor force participation rate (86.40%) compared to females (68.30%), although unemployment rates remain relatively close (4.60% for males and 5.60% for females). These disparities suggest that Native American and Black residents, individuals with disabilities, and females face greater challenges in accessing employment opportunities.

Table 11 – Labor Force Participation and Unemployment

3. Transportation
Describe any disparities in access to transportation related to costs and access to public transit by protected class groups.

Table 10 includes a Transit Index, which measures the likelihood that residents utilize public transportation. Higher index values indicate better access to public transit in a neighborhood. The table shows that there are disparities in the city of Fontana, with Hispanic residents having the highest Transit Index value (61.13) and AAPI residents having the lowest (54.17). Black and White residents have similar values (57.30 and 57.00, respectively), while Native American residents have a slightly higher index (59.68).

Residents living below the Federal Poverty Level (FPL) tend to have better access to public transportation, with Native American residents below the FPL having the highest index (66.68) and AAPI residents having the lowest (61.08).

Compared to the region, the city of Fontana has generally higher Transit Index values, suggesting better access to public transportation across all racial/ethnic groups. Regional Transit Index values are lower overall, with the largest disparity for Native American residents, who have a significantly lower index (47.70) compared to those in the city of Fontana.

Table 10 also includes a Low Transportation Cost Index, which measures the affordability of transportation in a neighborhood. Higher index values indicate lower transportation costs.

The table shows that Hispanic residents in the city of Fontana have the highest index DRAFT
630

46 (44.03), indicating they are more likely to live in areas with lower transportation costs. In contrast, AAPI residents have the lowest index (33.83), suggesting they face higher transportation costs. White and Bl ack residents have similar values (39.08 and 37.59, respectively), while Native American residents have a moderately high index (41.76).

Residents below the FPL generally experience lower transportation costs than the overall population. Hispanic residents below the FPL have the highest index (49.13), while AAPI residents have the lowest (42.01). Native American residents below the FPL have one of the highest index values (47.68), suggesting they experience lower transportation costs than their non-poverty counterparts.

Compared to the region, residents in the city of Fontana generally face higher transportation costs, as indicated by slightly lower index values across all racial/ethnic groups. The disparities in transportation costs are more pronounced in the city of Fontana than in the region, where index values are more evenly distributed across racial/ethnic groups.

Describe how a person’s place of residence aﬀects their access to transportation.

Maps 21- 23 illustrate the Transit Index and population distribution by race/ethnicity, national origin, and family type for Fontana. On these maps, the areas with darker shading have higher index values, indicating that they are areas with better access to public transit.

The maps show that residents in the central and southeastern parts of Fontana have some of the best access to public transit. These areas are characterized by higher concentrations of foreign-born residents. There are also Census tracts in the southern portions of the city with comparable access. These neighborhoods generally have higher population densities and a greater reliance on public transportation. Conversely, the northern and western parts of the city have lower Transit Index values. These areas have a higher proportion of White and Asian residents.

DRAFT
631

47 Map 21 – Demographics and Transit Trips by Race/Ethnicity

DRAFT
632

48 Map 22 – Demographics and Transit Trips by National Origin

DRAFT
633

49 Map 23 – Demographics and Transit Trips by Family Type

Maps 24- 26 illustrate the Low Transportation Cost Index and population distribution by race/ethnicity, national origin, and family type in Fontana. On these maps, the areas with darker shading have higher index values, indicating lower transportation costs . The maps show that neighborhoods with the lowest transportation costs are clustered in the central and southeastern portions of Fontana, where there is a high concentration of Hispanic and foreign-born residents. Conversely, the northern and western parts of the city higher transportation costs. These areas have a higher proportion of White and Asian residents.

DRAFT
634

50 Map 24 – Demographics and Low Transportation Cost by Race/Ethnicity

DRAFT
635

51 Map 25 – Demographics and Low Transportation Cost by National Origin

DRAFT
636

52 Map 26 – Demographics and Low Transportation Cost by Family Status

4. Access to Low Poverty Neighborhoods
Describe any disparities in exposure to poverty by protected class groups.

Table 10 includes a Low Poverty Index, which measures the level of poverty in a neighborhood. Higher index values indicate less exposure to poverty in a neighborhood.

The table shows that, in the city of Fontana:

Hispanic and Native American residents are significantly more likely to live in high-poverty neighborhoods than White, non-Hispanic and AAPI residents. Black residents also experience higher exposure to poverty compared to White and AAPI residents but have slightly better index values than Hispanic and Native American populations.

DRAFT
637

53 Residents living below the Federal Poverty Level (FPL) are more likely to live in high-poverty neighborhoods than the overall population. Native American and Hispanic residents below the FPL are the most likely of any group to res ide in high -poverty areas, with the lowest index values. Black residents below the FPL have slightly better index values than their overall population, indicating they may face somewhat less concentrated poverty compared to other groups.

Compared to the region overall, residents in the city of Fontana are generally less likely to live in high -poverty neighborhoods. The region follows the same general pattern of disparities by race/ethnicity, meaning Hispanic and Native American residents are most likely to live in high-poverty neighborhoods, while White, non-Hispanic and AAPI residents are least likely to experience high levels of poverty in their communities.

Describe the role a person’s place of residence plays in their exposure to poverty.

Maps 27 -29 s how the Low Poverty Index and population distribution by race/ethnicity, national origin, and family type for Fontana. On these maps, the areas with darker shading have higher index values, indicating less exposure to poverty. The maps show that residents in the southern and western parts of the city of Fontana experience the lowest exposure to poverty, as indicated by the darkest shading. These areas tend to have a higher proportion of White, non-Hispanic and AAPI residents.

In contrast, the central and northeastern portions of the city of Fontana have the highest exposure to poverty, as shown by the lighter shading on the map. These neighborhoods have relatively high concentrations of Hispanic and foreign- born residents. Additionally, areas with the highest exposure to poverty also align with Census tracts that have larger populations of families with children, suggesting a greater economic burden in these communities.

DRAFT
638

54 Map 27 – Demographics and Low Poverty by Race/Ethnicity

DRAFT
639

55 Map 28 – Demographics and Low Poverty by National Origin

DRAFT
640

56 Map 29 – Demographics and Low Poverty by Family Status

Describe which racial/ethnic, national origin or family status groups are most aﬀected by poverty.

Table 12 – Poverty by Race/Ethnicity and National Origin, shows data on poverty rates by race/ethnicity and national origin. The table shows that, in the city of Fontana:
● Black residents have the highest poverty rate (20.44%), followed by Hispanic residents (12.46%) and Native American residents (11.66%). ● White, non- Hispanic residents have a lower poverty rate (7.32%) than the city of Fontana’s overall poverty rate.
● AAPI residents have the lowest poverty rate (5.98%).

DRAFT
641

57 ● Foreign-born residents have a slightly higher poverty rate (12.08%) compared to native-born residents (11.62%).

For all racial/ethnic groups except Native Americans, poverty rates in the city of Fontana are lower than in the region overall. In the region, Black and Native American residents are most likely to experience poverty compared to other groups.

Table 12 - Poverty by Race/Ethnicity and National Origin

5. Access to Environmentally Healthy Neighborhoods
Describe any disparities in access to environmentally healthy neighborhoods by protected class groups.

Table 10 includes an Environmental Health Index, which captures the potential exposure to harmful toxins in a neighborhood. Higher index values indicate less exposure to harmful toxins and, therefore, better environmental quality in a neighborhood. The table shows that index values for residents in the city of Fontana are relatively low overall. This suggests that all residents, regardless of race/ethnicity, face limited access to environmentally healthy neighborhoods.

Among racial/ethnic groups, AAPI residents have the highest Environmental Health Index value (27.66), indicating they are more likely to live in areas with better environmental conditions. White and Black residents have similar index values (26.51 and 26.50, respectively), suggesting moderate access to healthy environments. Hispanic and Native American residents have the lowest Environmental Health Index values (23.39 and 23.29, respectively), meaning they are more likely to live in areas with poorer environmental quality.

For residents living below the federal poverty line, disparities in environmental health persist. Native American residents below the poverty line have the lowest Environmental Health Index value (14.63), followed by Black residents (21.87). Hispanic and White residents below the poverty line have slightly higher values (23.13 and 23.53, respectively), though still lower than the total population.

Compared to the region overall, residents in the city of Fontana experience worse environmental health conditions across all racial/ethnic groups. The regional data shows higher Environmental Health Index values for all groups, indicating that neighborhoods in the broader region generally provide better environmental conditions than those in the city of Fontana. White, non-Hispanic, and Native American residents in the region have slightly DRAFT
642

58 better access to environmentally healthy neighborhoods than their counterparts in the city of Fontana, while other racial/ethnic groups in the region have similar levels of access as those in the City of Fontana.

Describe how a person’s place of residence aﬀects their access to environmentally healthy neighborhoods.

Maps 30- 32 show the Environmental Health Index and population distribution by race/ethnicity, national origin, and family type for Fontana. On these maps, the areas with darker shading have higher index values, indicating that they are areas with less exposure to harmful toxins and therefore higher environmental quality.

The maps show that access to environmentally healthy neighborhoods varies across the City of Fontana, with a general pattern of better environmental conditions as you move north through the city. Areas in the southern and southwestern parts of the city tend to have the lowest index values, indicating worse environmental conditions. In contrast, the northern portion of the city exhibit s higher index values, suggesting less exposure to environmental hazards.

DRAFT
643

59 Map 30 – Demographics and Environmental Health by Race/Ethnicity

DRAFT
644

60 Map 31 – Demographics and Environmental Health by National Origin

DRAFT
645

61 Map 32 – Demographics and Environmental Health by Family Status

6. Disability and Access
Describe the barriers that deny individuals with disabilities access to opportunity and community assets.

Data analysis from the City’s most recent Housing Element indicates that about 8 percent of the Fontana population has a disability. Of this percentage, almost 50 percent were of ambulatory difficulties and 41 percent of cognitive difficulties. A greater number of children under the age of 18 are estimated of having a cognitive disability. For those ages 18 to 64 ambulatory and cognitive disabilities are the most common; this is also the age group with DRAFT
646

62 the largest number of total individuals with a disability. It should also be noted these numbers may be double counted as an individual may have multiple disabilities.

The Housing Element also reports the following barriers to adequate housing for persons with disabilities in Fontana:

1. According to data from the City’s contracted fair housing service provider, discrimination against persons with disabilities continues to be the leading basis of housing discrimination.

2. The City allows property owners to install features to accommodate disabled persons upon payment of building and planning fees and a zone variance application fee. However, while the variance can provide for reasonable accommodation, the high cost of the variance coupled with the time delay associated with application and approval can be a deterrent to making lower cost improvements necessary for accessibility purposes.

7. Publicly-Supported Housing and Access
Describe the ways in which residents of publicly supported housing, by protected class group, experience disparities in access to opportunity.

The analysis above indicates that the majority of publicly supported housing in the city is located in census tracts with limited access to opportunity. These areas are concentrated between West Foothill Boulevard and the San Bernardino Freeway, where residential and industrial land uses are prominent. R esidents in these areas experience lower economic opportunities, as well as lower access to high- performing schools, employment centers, and community resources compared to other parts of the city. These neighborhoods also have a higher percentage of Hispanic residents.

While some census tracts in the northwestern part of the city offer high opportunity levels— particularly in education, economic opportunity , and transportation —publicly supported housing is less prevalent in these areas. Instead, most publi cly supported housing is located in areas with lower median incomes, higher exposure to environmental pollutants, and lower labor force participation rates. Despite these challenges, some of these areas offer relatively good access to public transportation, which can help mitigate disparities in access to employment and services.

8. Patterns in Disparities in Access to Opportunity
Identify and discuss any overarching patterns of access to opportunity and exposure to adverse community factors. Include how these patterns compare to patterns of segregation, integration, and R/ECAPs. Also identify areas that experience: (a) high access; and (b) low access across multiple indicators.

According to the analysis, the City of Fontana exhibits varying levels of access to opportunity across different indicators, with some areas demonstrating higher accessibility to economic, educational, and employment resources, while others experience greater barriers. The northern and southern regions of the city generally have higher economic DRAFT
647

63 opportunity, while central areas, particularly along key corridors such as Foothill Boulevard and the San Bernardino Highway, exhibit lower economic opportunity. These central neighborhoods also coincide with areas of higher poverty exposure, lower school proficiency, and increased vulnerability to environmental hazards.

Segregation patterns indicate that Hispanic and lower-income residents are more likely to reside in areas with lower labor market engagement and higher environmental burdens, including exposure to pollution. The data suggests that racial and ethnic minorities, particularly Hispanic residents, have lower access to high-performing schools and are more likely to live in neighborhoods with high poverty rates. However, these same areas tend to have better access to transit, lower transportation costs, and closer proximity to employment centers, which may partially mitigate some economic disadvantages.

When considering access to multiple opportunities, certain census tracts in the city’s northern and southern areas stand out for their high levels of economic opportunity, labor market engagement, and lower exposure to poverty and environmental hazards.

Conversely, central areas, especially those with high concentrations of Hispanic and low - income residents, face greater barriers in terms of economic mobility, educational attainment, and environmental health.

Describe the public or private policies or practices, demographic shifts, economic trends, or other factors that may have caused or contributed to the patterns described above.

Research shows that a person’s place of residence impacts their access to opportuni ties such as quality schools, good jobs, healthy neighborhoods, and low -cost transportation.

The City’s most recent Housing Element includes the following factors that have contributed to the disparities in access to opportunity identified in the analysis above:

• Fair Housing Outreach and Enforcement – The City of Fontana partners with the Inland Fair Housing and Mediation Board (IFHMB) to assist individuals with fair housing-related issues, as well as provide informational resources and education for the community. However, there remains a general systemic lack of awareness of fair housing laws, contributing to continued discrimination in housing in the city. • Public Investment in Specific Neighborhoods – The City of Fontana is considered a low resource region overall and, as identified above, neighborhoods in the center of the city have access to fewer resources than other parts of the city. The City must focus on investing in central neighborhoods to provide those most directly impacted by pollution and poor mobility with additional resources. • Availability of Affordable Housing – Like many cities in California and around the country, the need for affordable housing outpaces supply in Fontana. While affordable housing opportunities exist in the city, there is concern about the total available units to meet both existing and projected demand. Specifically, opportunities for homeownership for lower income residents and family -sized housing have been repeatedly identified as priority concerns.

DRAFT
648

64 E. Disproportionate Housing Needs
Describe which groups (by race/ethnicity and familial status) experience higher rates of housing cost burden, overcrowding, or substandard housing when compared to other groups. Describe which groups also experience higher rates of severe housing cost burdens when compared to other groups.

For the Consolidated Plan (ConPlan), Fontana determined if particular race/ethnic groups at various income levels disproportionately experience any of the following four housing problems:
• Lacks complete kitchen facilities: Household lacks a sink with piped water, a range or stove, or a refrigerator.
• Lacks complete plumbing facilities: Household lacks hot and cold piped water, a flush toilet, and a bathtub or shower.
• Overcrowding: A household is considered overcrowded if there are more than 1.01 people per room.
• Cost burden: A household is considered cost burdened if the household pays more than 30% of its total gross income for housing costs. For renters, housing costs include rent paid by the tenant plus utilities. For owners, housing costs include mortgage payment, taxes, insurance, and utilities.

A disproportionately greater need exists when members of a racial or ethnic group in a certain income range experience housing problems at a greater rate (10 percentage points or more) than the rate of housing problems experienced by all households within that income level. According to the charts below, which are included in the ConPlan analysis:

• American Indian and Alaska Native househo lds experience disproportionate need across households earning <30% AMI (and are not represented at the 30- 50% AMI and 80-100% AMI ranges).
• Asian households experience disproportionate need across households earning 30- 50% AMI.

Source: 2016-2020 Comprehensive Housing Affordability Data (CHAS)

DRAFT
649

65 Source: 2016-2020 Comprehensive Housing Affordability Data (CHAS)

Source: 2016-2020 Comprehensive Housing Affordability Data (CHAS)

The ConPlan also analyzes the disproportionate impact of severe housing problems by race/ethnicity. Similar to housing problems, severe housing problems are defined as:
• Lacks complete kitchen facilities: Household does not have a stove/oven and refrigerator.
• Lacks complete plumbing facilities: Household does not have running water or modern toilets.

DRAFT
650

66 • Severe overcrowding: A household is considered severely overcrowded if there are more than 1.5 people per room.
• Severe cost burden: A household is considered severely cost burdened if the household pays more than 50% of its total income for housing costs. For renters, housing costs include rent paid by the tenant plus utilities. For owners, housing costs include mortgage payment, taxes, insurance, and utilities.

Within each income level, certain groups experience disproportionate need (defined above). According to the charts below, which are included in the ConPlan analysis:
• American Indian and Alaska Native households experience disproportionate need across households earning <30% AMI.
• Asian households experience disproportionate need in the 30-50% AMI and 80-100% AMI ranges.
• Pacific Islander households experience disproportionate need in the 50- 80% AMI range.
• Black/African American households experience disproportionate need in the 80- 100% AMI range.

Source: 2016-2020 Comprehensive Housing Affordability Data (CHAS)

DRAFT
651

67 Source: 2016-2020 Comprehensive Housing Affordability Data (CHAS)

Source: 2016-2020 Comprehensive Housing Affordability Data (CHAS)

Identify which areas in Fontana and region experience the greatest housing burdens. Describe which of these areas align with segregated areas, integrated areas, or R/ECAPs, and the predominant race/ethnicity or national origin groups in such areas.

Maps 33- 34 illustrate concentrations of households experiencing one or more housing burdens and population distribution by race/ethnicity and national origin. On these maps, areas with darker shading have a higher percentage of households experiencing at least one housing burden. Housing burdens in this context are the following: cost burden, defined as paying more than 30% of income for monthly housing costs including utilities; overcrowding; lacking a complete kitchen; and lacking plumbing.

In Fontana, the highest levels of housing burden are concentrated in the central neighborhoods, where there are also significant concentrations of Hispanic residents and foreign-born populations, particularly from Mexico and Central America. These areas align DRAFT
652

68 with the R/ECAP tract, suggesting that economic disparities and housing affordability challenges are more pronounced in these locations.

Map 33 – Housing Problems by Race/Ethnicity

DRAFT
653

69 Map 34 – Housing Problems by National Origin

Compare the needs of families with children for housing units with two, and three or more bedrooms with the available existing housing stock in each category of publicly supported housing.

Families with children, particularly those needing two- and three-bedroom housing units, face significant challenges in accessing appropriately sized publicly supported housing.

Large households, defined as those with five or more members, often experience overcrowding due to a limited supply of affordable housing units with sufficient bedrooms.

DRAFT
654

70 While multi-family rental units with two or three bedrooms are available, apartments with four or more bedrooms are rare, making it difficult for large families to secure adequate space. Additionally, single-family homes with higher bedroom counts, whether for rental or ownership, remain largely unaffordable for lower-income households.

Data indicates a clear disparity between owner -occupied and renter -occupied large households. A substantial proportion of owner-occupied units in the city house five or more individuals, with approximately 64.1% of owner households falling into this category. In contrast, only 35.9% of renter households contain five or more individual s. This disparity suggests that while homeownership may offer larger housing options, lower -income renters face severe constraints in accessing spacious housing. Furthermore, securing larger rental units is more difficult due to high demand and limited supply.

Publicly supported housing stock, including Section 8 vouchers and subsidized multi-family units, does not sufficiently meet the demand for larger households. Families in need of two- and three-bedroom units often encounter long waitlists and a mismatch between available housing sizes and their actual needs. The scarcity of larger units exacerbates overcrowding, leading to potential issues related to housing deterioration and decreased quality of life.

Describe the diﬀerences in rates of renter and owner occupied housing by race/ethnicity.

Table 13 shows the percentage of households that are renters and homeowners by race/ethnicity, based on data from the
2016-2020 American Community Survey. The data
reveals significant disparities in homeownership and rental rates among racial and ethnic groups in Fontana and the broader Riverside -San Bernardino-Ontario metro area. White, non-Hispanic and AAPI households have the highest homeownership rates, with 74.56% and 83.33% of these households owning their homes in Fontana, respectively. In contrast, Black and Native American households have lower homeownership rates, with only 59.84% and 59.87% of these households owning their homes. Hispanic households, which make up the largest share of occupied housing units, have a homeownership rate of 62.82%.

Black and Native American households experience the highest renter-occupied rates, with

40.16% and 40.13% of these groups renting in Fontana. Similarly, 37.18% of His panic households are renters, a rate higher than that of White non -Hispanic (25.44%) and AAPI (16.67%) households. These trends persist in the larger metro area, where Black households have the highest rental rate at 56.87%, followed by Hispanic households at 40.87% and Native American households at 39.86%. White and AAPI households continue to have the lowest rental rates at 28.19% and 28.35%, respectively.

Overall, the data suggests that Black, Hispanic, and Native American households are more likely to rent than own, whereas White and AAPI households have higher homeownership rates.

Table 13 - Homeownership and Rental Rates by Race/Ethnicity DRAFT
655

71 Describe the public or private policies or practices, demographic shifts, economic trends, or other factors that may have caused or contributed to the patterns described above.

Historically, public and private policies and practices have contributed to disparities in homeownership and rental rates among racial and ethnic groups. Black and Hispanic households continue to have lower homeownership rates due to systemic barriers, economic trends, and demographic shifts that include the following:

• Racial segregation and redlining practices restricted Black and Hispanic families from accessing homeownership opportunities in certain neighborhoods while limiting their ability to secure mortgage loans. Government -backed mortgage insurance and low -interest home loans were primarily extended to White households, reinforcing racial wealth gaps. These exclusionary practices have had long-term effects, leaving Black and Hispanic households with lower rates of homeownership and fewer inherited assets to invest in real estate.

• The Great Recession of 2007 disproportionately impacted Black and Hispanic homeowners, as these groups were more likely to receive high-risk subprime loans before the economic downturn. When the recession led to widespread job losses, many Black and Hispanic households experienced foreclosure at higher rates than White homeowners, further reducing homeownership levels. Additionally, ongoing disparities in mortgage lending persist today, with Black and Hispanic applicants facing higher denial rates for conventional home loans compared to White and Asian applicants.

• Economic trends, including the rising cost of housing and stagnating wages, continue to make homeownership increasingly difficult for lower -income households, which are disproportionately Black and Hispanic. These groups also have higher rates of renting due to financial barriers such as lower credit scores and limited access to generational wealth. Local and state policies aimed at expanding access to affordable homeownership and rental assistance programs seek to address these disparities, but structural inequalities in wealth accumulation and lending practices continue to impact homeownership rates.

F. Local and State Policies and Practices Impacting Fair Housing

Describe how local laws, policies , ordinances, and other practices impede or promote fair housing (including how they impede or promote the siting or location of aﬀordable housing in well -resourced DRAFT
656

72 neighborhoods, and equitable access to homeownership and other asset building and economic opportunities). Also describe any state or local fair housing laws and the characteristics protected under each law.

Fair housing challenges stem from historical segregation, restrictive zoning, and economic barriers. Past exclusionary practices have shaped where residents live and build wealth, leading to concentrated poverty and limited access to high -opportunity areas. While discrimination is now illegal, its lasting effects remain visible in housing patterns.

Zoning laws have historically restricted multifamily and affordable housing in certain areas, reinforcing segregation. Recent policy changes promote higher-density and special needs housing, but longstanding barriers persist. Permitting and approval processes also add costs and delays, making it harder to develop affordable housing in well -resourced neighborhoods.

High housing costs and limited credit access further restrict opportunities for lower-income residents. While government programs support affordable housing, demand outpaces supply. State and local fair housing laws prohibit discrimination, but enforcement gaps and systemic challenges continue to limit equitable housing access.

Describe the relationship between those laws, policies, ordinances, and other practices and the segregated or integrated areas and R/ECAP or non-R/ECAP areas.

The relationship between housing laws, policies, and segregation patterns is evident in the concentration of R/ECAPs and the distribution of integrated and segregated areas.

Historically restric tive zoning and land use policies have contributed to segregation by limiting affordable housing in higher -income, well-resourced areas. As a result, R/ECAPs remain concentrated in specific neighborhoods where lower-income, predominantly non- White residents have been historically confined due to exclusionary practices and limited housing options.

Recent policy changes aimed at increasing housing density and expanding affordable housing options are promoting integration, but the legacy of past policies stil l affects housing patterns. Non-R/ECAP areas, which tend to have higher homeownership rates and better access to economic opportunities, continue to see fewer affordable housing developments due to lingering zoning restrictions and community opposition. These factors reinforce disparities in wealth- building and access to well -resourced neighborhoods.

Describe the status of any unresolved ﬁndings, lawsuits, enforcement actions, settlements, or judgments in which the program participant has been a party related to fair housing or other civil rights laws in Fontana.

There are no unresolved findings, lawsuits, or enforcement actions currently identified against Fontana related to fair housing or civil rights violations.

DRAFT
657

73 Describe eﬀorts to increase fair hou sing compliance and enforcement capacity, and to ensure compliance with existing fair housing and civil rights laws and regulations.

Efforts to increase fair housing compliance and enforcement capacity focus on proactive monitoring, education, and policy enforcement. Fontana partners with a fair housing service provider, the Inland Fair Housing and Mediation Board (IFHMB), to conduct investigations, respond to complaints, and offer legal assistance to residents facing discrimination. These efforts include regular audits of housing practices, accessibility reviews of multifamily properties, and direct assistance to tenants experiencing housing- related discrimination.

Education and outreach play a key role in ensuring compliance with fair housing and civil rights laws. IFHMB provides training sessions for landlords, property managers, and real estate professionals to teach legal obligations under fair housing regulations. Community workshops and information campaigns aim to increase awareness among residents about their rights and how to file complaints when discrimination occurs.

Policies promoting inclusive housing development focus on increasing affordable housing supply, ensuring accessibility, and expanding homeownership opportunities. The HOME Investment Partnership Program provides federal funding to support housing acquisition, rehabilitation, and development, as well as homebuyer and rental assistance. This program helps create and preserve affordable housing for low-income households. Additionally, the Section 8 Rental Assistance Program supports very low -income tenants, seniors, and disabled individuals by providing subsidies for private rental housing.

State and federal programs incentivize affordable housing development through funding mechanisms. The Low-Income Housing Tax Credit (LIHTC) Program encourages private investment in affordable rental housing by offering tax incentives for new construction and rehabilitation projects. The California Housing Finance Agency (CalHFA) Multifamily Programs provide loans to developers for the acquisition, rehabilitation, and construction of rental housing with affordable rents. The California Community Reinvestment Corporation (CCRC) facilitates private capital investment to support affordable housing projects, particularly for families, seniors, and special-needs populations.

Zoning reforms and housing policy actions further support inclusive development. Fontana has adopted policies to increase residential density, streamline approvals for affordable housing projects, and encourage mixed -income developments. Efforts include rezoning underutilized parcels to accommodate lower income housing needs and partnering with developers to preserve at-risk affordable units. Affirmatively furthering fair housing is also a key priority, ensuring new housing opportunities are equitably distributed and accessible across all income levels.

III. Fair Housing Issues and Goals
A. Fair Housing Issues

DRAFT
658

74 The analysis above identified the following fair housing issues:

Concentrations of Residents by Race/Ethnicity
While segregation levels in Fontana are low, there are areas of racial/ethnic concentration in the following areas:
• Central Font ana, including the downtown area along Sierra Avenue and Merrill Avenue, extending east and west of Sierra Avenue, and the surrounding residential neighborhoods.
• South Fontana, particularly in the neighborhoods south of Jurupa Avenue and north of the Interstate 10 corridor, where Hispanic residents form the dominant population group.
• East Fontana, in the residential areas east of Citrus Avenue and north of Baseline Avenue, where there are significant concentrations of Hispanic and AAPI residents. • Northwest Fontana, in the neighborhoods west of Sierra Avenue and north of the 210 Freeway, where diverse racial and ethnic groups reside, including Hispanic, Black, and AAPI residents.

Additionally, publicly supported housing is generally clustered in areas with existing racial/ethnic concentration, reinforcing patterns of segregation rather than fostering broader geographic integration across Fontana.

R/ECAPs
Fontana contains one R/ECAP Census Tract in the central part of the city. This tract is predominantly Hispanic and has a high concentration of foreign-born residents of Mexican origin, and Spanish- speaking LEP individuals. There is also a high proportion of families with children in the R/ECAP .

Disparities in Access to Opportunities
Census tracts in the city’s northern and southern generally have better access to opportunity, including high levels of economic opportunity, labor market engagement, and lower exposure to poverty and environmental hazards. Conversely, central areas, especially those with high concentrations of Hispanic and low-income residents, face greater barriers in terms of economic mobility, educational attainment, and environmental health.

Disproportionate Housing Problems
The highest levels of housing burden in the city are concentrated in the central neighborhoods, where there are also significant concentrations of Hispanic residents and foreign-born populations, particularly from Mexico and Central America. These areas align with the R/ECAP tract, suggesting that economic disparities and housing affordability challenges are more pronounced in these locations.

Regarding specific groups experiencing disproportionate housing problems in the city:
• American Indian and Alaska Native households experience disproportionate need in the <30% AMI range.

DRAFT
659

75 • Asian households experience disproportionate need in the 30-50% AMI and 80-100% AMI ranges.
• Pacific Islander households experience disproportionate need in the 50- 80% AMI range.
• Black/African American households experience disproportionate need in the 80- 100% AMI range.

Disparities in Access to Homeownership
Black, Hispanic, and Native American households are less likely to be homeowners in Fontana likely to rent than own, whereas White and AAPI households have higher homeownership rates.

B. Fair Housing Goals

The City’s recent Housing Element identified the following contributing factors to the fair housing issues present in the city, and detailed the goals and actions the City will take to address them:

Lending Discrimination
Hispanic and African American individuals or families experienced lower loan approval rates than other groups when purchasing or refinancing a home in the City. African Americans continue to have the lowest approval rates for home purchase l oans and Hispanics have the lowest approval rate for refinance loans. To address this issue, the City will monitor HMDA data and affirmatively market the availability of first -time homebuyer assistance programs that provide down payment assistance to low- and moderate-income homebuyers. The City will also provide written outreach to lending institutions regarding the City’s commitment to eliminate racial discrimination in lending patterns; encourage attendance of all staff at Inland Fair Housing and Mediation Board (IFHMB) workshops; and provide flyers regarding FTHB education, including IFHMB’s FAQ on the City’s website.

Discrimination Based on Disability
Complaints received by the City’s contracted fair housing service provider based on disability continue to be the leading basis of all discrimination complaints. This demonstrates a lack of understanding and sensitivity of the fair housing rights of the disabled by the housing industry. To address this issue, the City will continue working with their contracted fair housing service provider to provide recommendations of properties believed to be discriminatory in their practices as information is received; facilitate accessibility reviews of multi -family properties; and distribute design and construction information to all who inquire about building permits.

Fair Housing Education
There is an increasing number of fair housing complaint intakes performed by the City’s contracted fair housing service provider. Furthermore, their interactions with housing providers and housing seekers during workshops have demonstrated a lack of understanding of both Federal and State fair housing laws. To address this issue, the City DRAFT
660

76 will continue working with IFHMB to provide opportunities for conducting Fair Housing workshops in the City and providing IFHMB outreach materials as a part the City’s newsletter and utility bill mailings. The City will also encourage collaboration with local realtors; provide recurring education to members of the Inland Valleys Association of Realtors; offer no -cost Fair Housing workshops; and develop a fair housing FAQ for the City’s website.

Transit Access
Omnitrans does not have a bus route connecting the public transit system to the Falcon Ridge and Summit shopping centers located on either side of Summit Avenue off the 1-15 freeway in North Fontana. This is a major employment center that includes shops, restaurants, and stores such as Target, Kohls, Staples, and Stater Brothers. Additionally, bus route 82 is the southwestern-most as well as the northernmost bus route in the City, running east-west in the south for miles along Jurupa Avenue, and north along Sierra Avenue from Jurupa up to the 210 freeway. An extension of this line or another route along Slover Avenue just south of the 10 freeway would connect residents to two of the top 10 employers in Fontana that are not located within one -half mile of a bus stop. To increase transit access, the City will continue to build and expand public transportation opportunities servicing the Falcon Ridge / Summit Avenue Job Center and the Southwest Industrial / Jurupa Hills Job Centers.

Reasonable Accommodation
A significant portion of the housing in Fontana was built before the advent of modern accessibility standards, thus modifications to homes may be needed to allow access by a disabled person. To address this issue and comply with Federal and State housing laws (SB 520), the City will analyze existing land use controls, building codes, and permit and processing procedures to determine constraints t hey impose on the development, maintenance, and improvement of housing for persons with disabilities. Based on its findings, the City will develop a policy for reasonable accommodation to provide relief from Code regulations and permitting procedures that have a discriminatory effect on housing for individuals with disabilities. The procedures shall include the process for requesting accommodation, a timeline for processing and appeals, criteria for determining whether a requested accommodation is reasonable, and ministerial approval for minor requests.

Public Investment in Specific Neighborhoods
Neighborhoods in the center of the city lack access to economic and educational opportunities. To address this issue, the City of Fontana has identified a total of 8 sites to accommodate future housing in a R/ECAP area. The 8 sites estimate a total of 216 potential units, 151 of which are estimated to be affordable to lower income households. The City recognizes the unique needs of R/ECAP areas will schedule at leas t two (2) targeted outreach meetings in the designated R/ECAP area to better understand community needs as they are related to housing. The City will work with interested developers to support affordable housing options in the R/ECAP area with a focus on quality design and access to economic and educational resources.

Availability of Affordable Housing
DRAFT
661

77 The need for affordable housing outpaces the supply of housing in Fontana. To address this issue, the City will seek to increase affordable housing options for lower income residents across the City. The City’s sites strategy will take an aggressive approach to promote affordable housing in higher resource areas and will meeting with local and regional stakeholders to increase the feasibility and development of affordable housing. The City will streamline affordable housing projects, and provide additional incentives when funding is available. Additionally, the City will work with developer to potentially utilize the existing Inclusionary Ordinance.

Access to Proficient Education
Disparities in access to high quality schools disproportionately impacts protected class groups in the city, in large part due to limited affordable housing options near high- performing schools. To address this issue, the City has identified parcels adjacent to local schools for housing opportunities. Additionally, with the Fontana Unified School Districts support, parcels owned by FUSD have been identified near schools for rezone to increase density. The City will support housing opportunities adjacent to educational institutions and schools in order to decrease challenges related to access and commuting. The City will partner with FUSD annually to gather insight via community outreach about key housing and economic needs of FUSD families and students.

DRAFT
662
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0075 Agenda Date: 3/25/2025
Agenda #: C. Category: Public Hearing
FROM:

Housing
SUBJECT:

Public Hearing and Adoption of Updated Citizen Participation Plan for U.S. Department of Housing and Urban Development (HUD) Grants
RECOMMENDATION:

Adopt the draft Citizen Participation Plan
COUNCIL GOALS:
· Increase citizen involvement by seeking community input. · Concentrate on Inter-governmental relations by pursuing financial participation from county, state and federal governments.

DISCUSSION:

The City of Fontana receives Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) funds from the U.S. Department of Housing and Urban Development (HUD) each year. To continue receiving these funds, the City must prepare and update periodically a Citizen Participation Plan (CPP). This document sets forth the City’s policies and procedures for providing citizens and other interested parties with opportunities to participate in an advisory role in the planning, implementation, and evaluation of the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs.

The City has previously developed the following procedures for adopting its CPP:

A. Plan Review and Comment
The draft CPP shall be made available for public review for a 30-day period. The CPP shall be provided in a format accessible to persons with disabilities upon request. The CPP will encourage comment and participation by minority and non-English speakers. Publication of the plan will be advertised in Spanish and translation services will be available upon request in accordance with the City’s Language Access Plan (LAP). Written comments will be accepted by the Housing Department’s staff during the public review period. A summary of all written comments received, or oral comments provided during the public hearing as well as the City’s responses will be attached to the CPP prior to submission to HUD.

B. Public Hearing
The City Council shall conduct a public hearing to accept public comments on the draft CPP.

The City Council may approve or reject the CPP.

City of Fontana Printed on 3/17/2025Page 1 of 2
powered by Legistar™
663
File #: 25-0075 Agenda Date: 3/25/2025
Agenda #: C. Category: Public Hearing
C. Submittal to HUD
The CPP must be approved as a stand-alone planning document. The City shall submit to HUD: the approved document, a summary of all written comments and those received during the public hearing as well as the City’s responses, and proof of compliance with the minimum 30-day public review and comment period requirement. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD.

As part of the five-year planning cycle for CDBG, HOME, and ESG programs, the CPP was reviewed by staff and updated to be compliant with any new regulations that may have implemented since the last revision. All revisions to the previously adopted CPP were administrative in nature.

In compliance with federal regulations and the City’s adopted CPP, the Notice of Public Hearing and notice of availability of the aforementioned draft document was published in the Press Enterprise, San Bernardino Sun and the El Chicano on February 20, 2025.

The draft documents were made available for public review and comment from February 24, 2025 through March 25, 2024 at the Library and multiple locations at City buildings. Additionally, it was posted on the City’s website. The Public Hearing scheduled for March 25, 2025, at 2:00 p.m. provides another opportunity for public input. Any and all comments received during the process (at public meetings and/or in writing) with respect to a particular draft document will be incorporated into the final draft document, as applicable, prior to submission to HUD.

FISCAL IMPACT:

No Fiscal Impact.

MOTION:

Approve Staff Recommendation.

City of Fontana Printed on 3/17/2025Page 2 of 2
powered by Legistar™
664

City of Fontana

Citizen Participation Plan

U.S. Department of Housing and Urban Development (HUD)
Community Planning and Development Grant Programs

Draft 2025
DRAFT
665
City of Fontana, CA
Citizen Participation Plan 2025
Contents
A. Encouragement of Citizen Participation ........................................................... 2 B. Citizen Participation Plan (CPP) ....................................................................... 3

1. Plan Development ........................................................................................... 3

2. Amendments .................................................................................................. 4 C. Five-Year Consolidated Plan ............................................................................. 5

1. Plan Development ........................................................................................... 5

2. Consolidated Plan Amendment .......................................................................... 7 D. Annual Action Plan ........................................................................................... 8

3. Annual Action Plan Amendment ........................................................................ 8 E. Consolidated Annual Performance and Evaluation Report (CAPER) ................ 10

1. Plan Development ......................................................................................... 10 F. Analysis of Impediments (AI) to Fair Housing Choice or Assessment of Fair Housing (AFH)...................................................................................................... 11

1. Plan Development ......................................................................................... 11

2. AI or AFH Amendment ................................................................................... 12 a. Amendment Considerations ............................................................................ 12 G. Public Hearings, Notification and Access ........................................................ 13

1. Public Meetings and Hearings ......................................................................... 13

2. Documents for Public Review .......................................................................... 14

3. Access to Meetings ........................................................................................ 15

4. Access to Consolidated Plan Documents and Records ......................................... 16 H. Technical Assistance ...................................................................................... 16 I. Comments and Complaints ............................................................................. 17

1. Comments ................................................................................................... 17

2. Complaints ................................................................................................... 17 J. Appeals .......................................................................................................... 18 K. Special Exceptions and Waivers ..................................................................... 18 L. CDBG Disaster Recovery (CDBG-DR) .............................................................. 18 M. Anti-Displacement and Relocation ................................................................. 20

1. Background .................................................................................................. 20

2. What is Displacement? .................................................................................. 20 DRAFT
666
City of Fontana, CA
Citizen Participation Plan 2025

3. What is a Displaced Person? ........................................................................... 21

4. Persons Not Eligible for Assistance .................................................................. 21

5. Minimizing Displacement ................................................................................ 22

6. Anti-Displacement Policy ................................................................................ 22

7. Displacement Assistance ................................................................................ 23

8. One-For-One Replacement Dwelling Units ........................................................ 24

9. Decent, Safe and Sanitary Dwelling ................................................................. 24 N. Real Property Policies .................................................................................... 25

1. Use of Real Property ...................................................................................... 25

2. Real Property Acquisition ............................................................................... 26

3. What is Real Property Acquisition? .................................................................. 26

4. Eligible Activities ........................................................................................... 26

5. Environmental Review Process (24 CFR Part 58) ............................................... 26

DRAFT
667
City of Fontana, CA
Citizen Participation Plan 2025 Page 1 Citizen Participation Plan
City of Fontana, California

As required by the U.S. Department of Housing and Urban Development (HUD) regulations found at 24 CFR 91.105, this Citizen Participation Plan sets forth the City of Fontana’s policies and procedures for providing citizens and other interested parties with opportunities to participate in an advisory role in the planning, implementation, and evaluation of the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs.

The purpose of the CDBG program is the provision of decent housing, a suitable living environment, and expanded economic opportunities for low- and moderate-income residents earning less than 80 percent of the Area Median Income, or in predominantly low- and moderate-income neighborhoods where at least 51 percent of the households are low and moderate -income households.

The purpose of the
HOME program is to increase the supply of affordable housing for low- and moderate- income households, expand the capacity of nonprofit housing providers, and leverage private sector participation in the provision of affordable housing. The purpose of the ESG program is to address homelessness through one or more activities including street outreach, emergency shelter, homelessness prevention assistance, and rapid re-housing assistance.

As a recipient of CDBG, HOME, and ESG funds, the City is required to produce the following Consolidated Plan Documents:

1. Citizen Participation Plan (CPP) – the City’s policies and procedures for community participation in the planning, implementation, and evaluation of the CDBG, HOME, and ESG programs.

2. Analysis of Impediments to Fair Housing Choice or Assessment of Fair Housing (AI or AFH) – a five-year plan completed by the City individually or as part of a local consortium of other HUD grantees pursuant to HUD guidance for the evaluation of local housing conditions, economics, policies and practices and the extent to which these factors impact the range of housing choices and opportunities available to all residents in an environment free from discrimination.

3. Consolidated Plan – a five-year plan that documents the City of Fontana’s housing and community development needs, outlines strategies to address those needs and identifies proposed program accomplishments.

4. Annual Action Plan – an annual plan that describes specific CDBG, HOME, and ESG projects and activities that will be undertaken over the course of the program year, which runs from July 1 to June 30.

5. Consolidated Annual Performance and Evaluation Report (CAPER) – an annual report that evaluates the City’s accomplishments and use of CDBG, HOME, and ESG funds.

The HUD requirements for citizen participation do not restrict the responsibility or authority of the City of Fontana for the development and exec ution of the DRAFT
668
City of Fontana, CA
Citizen Participation Plan 2025 Page 2 Consolidated Plan Documents, but rather facilitate citizen access to, and engagement with the CDBG, HOME, and ESG programs.

There will be a minimum of two (2) public hearings at which citizens may express their views concerning the Consolidated Plan Documents. These public hearings shall occur at two different points during the program year, as directed by Fontana city staff. If necessary, additional public hearings and comment periods will be held in the development of the Consolidated Plan and in the event that substantial amendments to the Citizen Participation Plan, Consolidated Plan, or Action Plan become necessary as described later in this document. The City, at its discretion, may conduct additional outreach, public meetings, or public hearings as necessar y to foster citizen access and engagement.

A. Encouragement of Citizen Participation

The City of Fontana provides for and encourages citizens to participate in the development of the CPP, Consolidated Plan, Action Plan, CAPER, and AI or AFH. The City encourage s participation by low- and moderate -income persons, particularly those living in slum and blighted areas (if any such areas are formally designated) and in areas where Community Planning and Development (CPD) funds are proposed to be used, and by residents of predominantly low- and moderate -income neighborhoods

1. The City will also take appropriate actions to encourage the participation of all its citizens, including minorities and Limited English Proficiency (LEP) persons, as well as persons with disabilities.

The City of Fontana’s Language Access Plan (LAP) determines how the city will meet federal requirements to make reasonable efforts to provide language assistance to ensure meaningful access for LEP persons to the City’s programs and activities.

Meaningful access is understood as language assistance that results in accurate, timely, and effective communication and is available at no cost to the LEP individual.

To determine city residents' language needs , the city conducts a “Four Factor Analysis” in accordance with U.S. Department of Justice LEP Guidance; evaluating:
1) the number or proportion of LEP persons in the population to be served, 2) the frequency with which LEP persons come into contact with the program activity or service, 3) the importance of the service, information, program, and/or activity, and 4) the resources, financial and human, available to the City. The analysis was conducted in the context of “safe harbor” thresholds provided by the U.S. Department of Housing and Urban Development (HUD). Based on the results of the assessment the translation of public notices and other vital documents will be determined.

The City will make a concerted effort to notify and encourage the participation of citizens, local and regional institutions, the local Continuum of Care organization addressing homelessness, and public and private organizations including businesses, developers, nonprofit organizations, philanthropic organizations, community- based and faith-based organizations, broadband internet service providers, organizations engaged in narrowing the digital divide, agencies whose primary responsibilities

1 Predominately low- and moderate-income neighborhoods are defined as those in which 51% of the residents have incomes at or below 80% of area median income, as determined with HUD-supplied data.

DRAFT
669
City of Fontana, CA
Citizen Participation Plan 2025 Page 3 include the management of flood prone areas, public land or water resources, emergency management agencies, state and local health service providers, social service providers, fair housing organizations, state and local governments, public housing agencies/authorities (P HA) and residents thereof, affordable housing developers, businesses, community and faith based organizations, and other stakeholders in the amendment of the CPP or the development of the AI or AFH, Consolidated Plan, Annual Action Plans through mailings (including electronic mailings), online postings, and public notices in the newspaper.

The City may also explore alternative public involvement techniques and quantitative ways to measure efforts that encourage citizen participation in a shared vision for change in communities and neighborhoods, and the review of program performance as directed by the Deputy City Manager. Unless otherwise noted in this document, all communication regarding the CPP and the Consolidated Plan documents should be directed to:

Mary Aguilar, Project Specialist
Housing Department
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6606

B. Citizen Participation Plan (CPP)

The following describes the process and procedures related to the development of the CPP.

1. Plan Development

The City’s CPP development procedures are outlined below.

a. Plan Review and Comment

The draft CPP shall be made available for public review for a 3 0-day period.

The CPP shall be provided in a format accessible to persons with disabilities upon request.

The CPP will encourage comment and participation by minority and non-English speakers. Publication of the plan will be advertised in Spanish and translation services will be available upon request in accordance with the City’s LAP.

Written comments will be accepted by the Housing Department’s Project Specialist or designee during the public review period. A summary of all written comments received, or oral comments provided during the public hearing as well as the City’s responses will be attached to the CPP prior to submission to HUD.

DRAFT
670
City of Fontana, CA
Citizen Participation Plan 2025 Page 4 b. Public Hearing

The City Council shall conduct a public hearing to accept public comments on the draft CPP. The City Council may approve or reject the CPP. c. S ubmittal to HUD

The CPP shall be approved as a stand-alone document. The City shall submit to HUD : the approved document, a summary of all written comments and those received during the public hearing as well as the City’s responses , and proof of compliance with the minim um 30-day public review and comment period requirement. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD.

2. Amendments

The City shall amend the CPP, using the following procedures, as needed:

a. Amendment Considerations

The City shall amend the CPP, as necessary, to ensure adequate engagement and involvement of the public in making decisions related to the programs and documents governed by 24 CFR Part 91. Formal amendment of the CPP may be required should a provision be found by the City to conflict with HUD regulations.

b. Public Review and Comment

Amendments to the CPP shall be made available for public review for a 30-day period. A public hearing shall be conducted by the City Council at a regularly scheduled meeting so that citizens may express their views. Written comments will be accepted by the Housing Department’s Project Specialist or designee during the public review period. A summary of all written comments received, or oral comments provided during the public hearing as well as the City’s responses will be attached to the amended CPP prior to submission to HUD.

Minor edits to the CPP , such as updating contact information or technical details about schedules and publications , will not constitute a “Substantial Amendment”, and therefore, will not be released for public review and comment. Copies will be made available following the process described in Section G of this document.

c. P
ublic Hearing

The City Council shall conduct a public hearing to review and accept public comments on the draft amendment to the CPP. The City Council may approve or reject the amendment to the CPP.

DRAFT
671
City of Fontana, CA
Citizen Participation Plan 2025 Page 5 d. Submittal to HUD

A copy of the Amended CPP, including a summary of all written comments and those received during the public hearing as well as the City’s responses and proof of compliance with the minimum 30 -day public review and comment period requirement shall be submitted to HUD for their records. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as applicable.

C. Five-Year Consolidated Plan

The following paragraphs describe the policies and procedures for the development of the Five -Year Consolidated Plan. To comply with 24 CFR Part 91.105(b), the information supplied in the draft Consolidated Plan for public review will include:
• Amount of assistance the City expects to receive (grant funds and program income)
• Range of activities that may be undertaken
• Estimated amount of funding that will benefit low- and moderate-income persons

The City shall also provide an assessment of community development and housing needs and identify short term and long- term community development objectives directed toward the provision of decent housing and the expansion of economic opportunities primarily for persons of low- and moderate-income.

Additionally, the City must attest to its compliance with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24, as effectuated by the City’s adopted Residential Anti -Displacement and Relocation Assistance Plan, as required under Section 104(d) of the Housing and Community Development Act of 1974, as amended. Persons displaced as a result of HUD-assisted activities, whether implemented by the City or by others, shall receive relocation benefits as required under Federal Law.

The City will make this information available in the Consolidated Plan published for comment and review.

1. Plan Development

The City encourage s the participation of residents and stakeholders in the development of the Consolidated Plan. The City shall follow the following procedure to prepare and adopt the Consolidated Plan:

a. P
lan Considerations
As soon as feasible after the start of the public participation process the City will make the HUD -provided data and any other supplemental information available to residents, public agencies and other interested parties by posting DRAFT
672
City of Fontana, CA
Citizen Participation Plan 2025 Page 6 the data on the City’s website and referencing this information in public notices.

A variety of mechanisms may be utilized to solicit input from residents, service providers, agencies, and other stakeholders. These include, but are not limited to, telephone or personal interviews, focus groups, surveys, and consultation and community workshops.

b. P lan Review and Comment

The complete draft Consolidated Plan shall be made available for public review for a 30 -day period. The Consolidated Plan shall be provided in a format accessible to persons with disabilities upon request.

The plan will encourage comment and participation by LEP persons. Publication of the plan will be advertised in compliance with the City’s LAP.

The plan will encourage comment s and participation by low- and moderate- income residents, especially those living in low- and moderate -income neighborhoods, in areas where CDBG, HOME, and/or ESG funds are proposed to be used and residents of public and assisted housing. Activities to encourage participation may include, but are not limited to, advertising publication of the Consolidated Plan in target areas, hosting community meetings in target areas, and making copies of the plan available in public buildings. Copies will be made available following the process described in Section G of this document.

Written comments will be accepted by the Housing Department’s Project Specialist or designee during the public review period. A summary of all written comments and those received , or oral comments provided during the public hearing as well as the City’s responses will be attached to the Consolidated Plan prior to submission to HUD.

c. P ublic Hearing

The City Council shall conduct a public hearing to accept public comments on the draft Consolidated Plan. Section G describes the process for publishing notice and conduct of public hearings.

d. S
ubmittal to HUD

The Consolidated Plan shall be submitted to HUD with a summary of all written comments and those received during the public hearing as well as the City’s responses and proof of compliance with the minimum 30 -day public review and comment period requirement. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as applicable. The Consolidated Plan will be submitted to HUD 45 days before the program year pursuant to regulations, unless otherwise directed by HUD.

DRAFT
673
City of Fontana, CA
Citizen Participation Plan 2025 Page 7

2. Consolidated Plan Amendment

The City shall follow the following procedure to complete substantial and minor amendments to the Consolidated Plan, as needed:

a. Amendment Considerations

The City shall substantially amend the Consolidated Plan if a “substantial change” is proposed by City staff or the City Council. For the purpose of the Consolidated Plan, a "substantial change" is defined as: the addition or removal of Strategic Plan goals.

The City may make minor changes to the Consolidated Plan, as needed, so long as the changes do not constitute a substantial amendment as described above. Changes to numeric accomplishment goals within an existing strategic plan goal shall not constitute a substantial amendment. Such changes to the Consolidated Plan will not require public review or a public hearing.

b. Public Review and Comment

The City encourages residents and stakeholders to participate in the development of substantial amendments. Substantial Amendments to the Consolidated Plan shall be made available for public review for a 30-day period prior to City Council consideration at a scheduled public hearing. Written comments will be accepted by the Housing Department’s Project Specialist or designee during the public review period. A summary of the comments and the City’s responses to the comments will be attached to the Consolidated Plan Substantial Amendment.

The City will encourage participation from all residents, especially low- and moderate-income residents, minorities, and LEP persons in compliance with the City’s LAP, and those with disabilities. The City will take efforts to make the plan accessible to all such groups. Copies will be made available following the process described in Section G of this document.

c. Public Hearing

The City Council shall conduct a public hearing to accept public comments on the draft amendment to the Consolidated. Section G describes the process for publishing notice for and conducting public hearings.

d. Submittal to HUD

A copy of the Amended Consolidated Plan, including a summary of all written comments and those received during the public hearing as well as the City’s responses and proof of compliance with the minimum 30 -day public review and comment period requirement shall be submitted to HUD for their records.

A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as applicable.

DRAFT
674
City of Fontana, CA
Citizen Participation Plan 2025 Page 8 D. Annual Action Plan

The following describes the process and procedures related to the development of the Annual Action Plan.

e. Plan Review and Comment

The draft Annual Action Plan incorporating the City's proposed uses of CDBG, HOME, and ESG funds shall be made available for public review for a 30 -day period. The City will encourage participation from all residents, especially low- and moderate -income residents, minorities, LEP persons , and those with disabilities. The City will make the plan accessible to all such groups. Copies will be made available following the process described in Section G of this document.

Written comments will be accepted during the public review period by the Housing Department’s Project Specialist or designee. A summary of the comments and the City’s responses to the comments will be attached to the draft Action Plan.

f. P
ublic Hearing

The City Council shall conduct a public hearing to accept public comments on the draft Annual Action Plan. The City Council may approve or reject the Action Plan and authorize its submission to HUD. Section G describes the process for publishing notice and conduct of public hearings.

g. S ubmittal to HUD

Upon adoption of the Annual Action Plan pursuant to HUD regulations, the City Council shall direct City staff to submit the Action Plan to HUD . Documents related to the public participation process, including copies of public notices and a summary of all public comments received, shall be attached to the Action Plan. The Action Plan will be submitted to HUD at least 45 days before the program year pursuant to regulations, or as otherwise allowed or required by HUD.

3. Annual Action Plan Amendment

The City shall complete substantial and minor amendments to the Annual Action Plan, as needed, as follows:

a. A mendment Considerations

The City shall substantially amend the Action Plan if a “substantial change” is proposed by City staff or the City Council. For the purpose of the Action Plan, a "substantial change" is defined as:

DRAFT
675
City of Fontana, CA
Citizen Participation Plan 2025 Page 9 • Addition of a new activity not previously identified in the Action Plan, without regard to funding source;
• Cancelation of an existing activity identified in the Action Plan, without regard to funding source;
• A change in the purpose, scope, location or beneficiaries of an activity; or

• Changes in the use of CDBG, HOME, and ESG funds from one eligible activity to another eligible activity meeting the following thresholds:

Substantial Amendment Minor Amendment
Net Change >100% of the activity allocation <100% of the activity allocation *Allocation should be understood as amount from most recent Amendment

The City may make minor changes to the Action Plan, as needed, so long as the changes do not constitute a substantial amendment as described above.

Such minor changes to the Action Plan will not require public review or a public hearing before the City Council.

b. Public Review and Comment

The City encourages citizen participation in the development of substantial amendments. Substantial Amendments to the Annual Action Plan shall be made available for public review for a 30 -day period. Written comments will be accepted during public review period. Comments should be directed to the Housing Department’s Project Specialist or designee. A summary of the comments and the City’s responses to the comments will be attached to the Action Plan Substantial Amendment.

The City will encourage participation from all residents, especially low- and moderate-income residents, minorities , LEP persons , and those with disabilities. The City will take efforts to make the plan accessible to all such groups. Copies will be made available following the process described in Section G of this document.

c. Public Hearing

The City Council shall conduct a public hearing to review and consider the Substantial Amendment to the Action Plan. The City Council shall accept public comments on the Substantial Amendment to the Action Plan at the public hearing. After public comments are heard and considered by the City Council, the City Council shall approve, approve with modifications, or deny the request for a substantial amendment to the Action Plan. Section G describes the process for publishing notice and conduct of public hearings.

DRAFT
676
City of Fontana, CA
Citizen Participation Plan 2025 Page 10 d. Submittal to HUD

A copy of the Substantial Amendment to the Annual Action Plan along with copies documenting the public participation process (i.e. public notices and public comments) shall be submitted to HUD for their records.

E. Consolidated Annual Performance and Evaluation Report (CAPER)

The following describes the process and procedures related to the development of the Consolidated Annual Performance and Evaluation Report (CAPER):

1. Plan Development

The City shall follow the following procedure in the drafting and adoption of Consolidated Annual Performance and Evaluation Report (CAPER):

a. P lan Considerations

Staff will evaluate and report the accomplishments of the previous program year for CDBG, HOME and ESG, and will summarize expenditures that took place during the previous program year.

b. P
lan Review and Comment

The City encourages citizen participation in the development of the CAPER. The draft CAPER shall be made available for public review for a 15 -day period.

Written comments will be accepted during public review period by the Housing Department’s Project Specialist or designee. A summary of any written comments received, or oral comments provided during the public hearing and the City’s responses to the comments will be attached to the draft CAPER.

Copies will be made available following the process described in Section G of this document.

The City encourages citizen participation in the development of the CAPER. The draft CAPER shall be made available for public review for a 15 -day period.

Written comments will be accepted during public review period by the Housing Department’s Project Specialist or designee. A summary of the comments and the City’s responses to the comments will be attached to the draft CAPER.

Copies will be made available following the process described in Section G of this document.

c. Public Hearing

The City Council shall conduct a public hearing to accept public comments on the draft CAPER. After public comments are heard and considered by the City Council, the City Council shall approve or reject the CAPER.

Section G describes the process for publishing notice for and conducting public hearings.

DRAFT
677
City of Fontana, CA
Citizen Participation Plan 2025 Page 11 d. Submittal to HUD

Upon adoption of the CAPER pursuant to HUD regulations, the City Council shall direct City staff to submit the CAPER to HUD. Documents related to the public participation process, including copies of public notices and a summary of all public comments received, shall be attached to the CAPER. The CAPER shall be submitted to HUD within 90 days following the end of the program year pursuant to regulations.

F. Analysis of Impediments (AI) to Fair Housing Choice or Assessment of Fair Housing (AFH)

The Analysis of Impediments to Fair Housing Choice (AI) or Assessment of Fair Housing (AFH) is a five -year plan completed by the City individually or as part of a local consortium of other HUD grantees pursuant to HUD guidance for the evaluation of local housing conditions, economics, policies and practices and the extent to which these factors impact the range of housing choices and opportunities available to all residents in an environment free from discrimination. HUD currently requires the jurisdiction to prepare an AI document. The following describes the process and procedures related to the development of the AI or AFH.

1. Plan Development

The City shall follow the following procedure in the drafting and adoption of the AI or AFH:

a. P
lan Considerations

As soon as feasible after the start of the public participation process for the AI or AFH, the City will make the HUD-provided data and any other supplemental information available to residents, public agencies and other interested parties by posting the data on the City’s website and referencing this information in public notices.

b. P
lan Review and Comment

The draft AI or AFH shall be made available for public review for a 30 -day period. Written comments will be accepted during public review period by the Housing Department ’s Project Specialist or designee. A summary of the comments and the City’s responses to the comments will be attached to the draft AI or AFH. Copies will be made available following the process described in Section G of this document.

c. P
ublic Hearing

The City Council shall conduct a public hearing to accept public comments on the draft AI or AFH. The City Council shall approve or reject the AI or AFH.

DRAFT
678
City of Fontana, CA
Citizen Participation Plan 2025 Page 12 Section G describes the process for publishing notice for and conducting public hearings.

d. Submittal to HUD

Upon adoption of the AI, the City shall retain the AI in its records and annually report on the status and disposition of the Fair Housing Plan recommendations.

Upon adoption of an AFH, the City shall submit the AFH to HUD for review and acceptance or rejection. The goals of the AFH shall be incorporated into the Consolidated Plan prior to submission of the Consolidated Plan to HUD.

2. AI or AFH Amendment

The City shall follow the following procedure to complete substantial amendments to AI or AFH, as needed.

a. Amendment Considerations

The City shall substantially amend the AI if a “substantial change” is proposed by City staff or the City Council. For the purpose of the AI, a “substantial change” is defined as the addition or deletion of Fair Housing Plan recommendations.

The City shall substantially amend the AFH if a “substantial change” is proposed by City staff or the City Council or as otherwise required by HUD. An AFH that was previously accepted by HUD must be revised and submitted to HUD for review if a material change occurs. A material change is a change in circumstances in the jurisdiction of a program participant that affects the information on which the AFH is based to the extent that the analysis, the fair housing contributing factors, or the priorities and goals of the AFH no longer reflect actual circumstances. Examples include Presidentially declared disasters, under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), in the program participant's area that are of such a nature as to significantly impact the steps a program participant may need to take to affirmatively further fair housing; significant demographic changes; new significant contributing factors in the participant's jurisdiction; and civil rights findings, determinations, settlements (including Voluntary Compliance Agreements), or court orders; or, upon HUD's written notification specifying a material change that requires the revision. A revision to the AFH consists of preparing and submitting amended analys es, assessments, priorities, and goals that take into account the material change, including any new fair housing issues and contributing factors that may arise as a result of the material change.

b. Public Review and Comment

The City encourages residents and stakeholders to participate in the development of substantial amendments. Substantial Amendments to the AI or AFH shall be made available for public review for a 30 -day period. Written DRAFT
679
City of Fontana, CA
Citizen Participation Plan 2025 Page 13 comments will be accepted by the Economic Development Department Administrative Secretary or designee during the public review period. A summary of the comments and the City’s responses to the comments will be attached to the Consolidated Plan Substantial Amendment.

The City will encourage participation from all residents , especially low- and moderate-income residents, minorities, LEP persons , and those with disabilities. The City will take efforts to make the plan accessible to all such groups. Copies will be made available following the process described in Section G of this document.

c. Public Hearing

The City Council shall conduct a public hearing to accept public comments on the draft amendment to the AI or AFH. The City Council may approve or reject the amendment to the AI or AFH. A revised AFH must be submitted within 12 months of the onset of a material change that triggers a “Substantial Amendment,” or at such later date as HUD may specify. Section G describes the process for publishing notice for and conducting public hearings.

G. Public Hearings, Notification and Access

The following policies and procedures outlining the public hearing process and public hearing notification apply to the development and substantial amendment of the Consolidated Plan, CPP, Annual Action Plan, CAPER, and AI or AFH.

1. Public Meetings and Hearings

a. P
ublic Hearing Process

The City will conduct at least two (2) public hearings per year to obtain citizens’ views and comments on planning documents during the public review and comment period. These meetings will be conducted at different times of the program year and together will cover the following topics:
• Housing and Community Development Needs
• Development of Proposed Activities
• Review of Program Performance

During a program year when the City develops an AI or AFH and Consolidated Plan, at least one public hearing will be conducted prior to the draft AI or AFH and Consolidated Plan being published for comment.

b. P ublic Hearing Notification

Staff will ensure adequate advanced notice of all public meetings and hearings.

Notices will be printed/posted at least 14 days prior to the meeting date. Adequate noticing will include:

DRAFT
680
City of Fontana, CA
Citizen Participation Plan 2025 Page 14 • Printing notices in the San Bernardino Sun, and/or possibly other newspapers of general circulation in the City;
• Display copies of notices on the City’s website; and
• Posting notices at City Hall.

Notices will include information on the subject and topic of the meeting including summaries when possible and appropriate to properly inform the public of the meeting. Notices will be published in accordance with the City’s LAP and will be accessible to those with disabilities. Meeting locations and access are described below.

2. Documents for Public Review

Staff will ensure adequate advanced notice of all public review/comment periods.

Notices will be printed/posted prior to the commencement of the public review period alerting residents of the documents for review and providing a summary of the contents of the documents to include information on the content and purpose of the document and the list of locations where copies of the entire draft document(s) may be reviewed. The public comment period for each Consolidated Plan document and substantial amendment to each document subject to public review is listed below:

Document
Length of Public
Comment Period
Consolidated Plan 30 days
Action Plan 30 days
CAPER 15 days
AI or AFH 30 days
Citizen Participation Plan 30 days

The City will ensure that documents are available for disabled, minority residents and LEP persons.

Adequate noticing will include:
• Printing notices in the San Bernardino Sun and/or possibly other newspapers of general circulation in the City;
• Display copies of notices on the City’s website; and
• Posting notices at City Hall.

The City will place an adequate supply of draft copies of each document and substantial amendments to each document subject to public review at the following locations:

City Hall: City Clerk’s Office
8353 Sierra Ave
Fontana, CA, 92335
DRAFT
681
City of Fontana, CA
Citizen Participation Plan 2025 Page 15

City Hall: Housing Department
8353 Sierra Ave
Fontana, CA, 92335

Fontana Lewis Library & Technology Center
8437 Sierra Ave
Fontana, CA 92335

Materials will also be posted to the City website at:
https://www.fontanaca.gov/622/Federal-Grant-Programs

All printed reports and materials shall be made available in a form accessible to persons with disabilities, upon request.

3. Access to Meetings

Unless otherwise noted, Public Hearings requiring City Council action will be conducted in front of the Fontana City Council at 2:00 P.M. at the Fontana City Hall Council Chambers (8353 Sierra Ave, Fontana, CA 92335). For public hearings not requiring City Council participation, the City will make every reasonable effort to conduct such hearings in the low- and moderate-income target areas and at times accessible and convenient to potential and actual beneficiaries.

Efforts to ensure this may include, but are not limited to, scheduling meetings in target neighborhoods, scheduling meetings during the evening and weekend and requesting feedback from neighborhood groups and stakeholders for guidance in effective meeting scheduling. Such hearing will be posted and advertised to allow sufficient notice to all interested persons.

In accordance with the City’s LAP, Spanish translation is available at all public hearings if the Department of Housing and Business Development Project Specialist receives such a request at least 48 hours prior to the public hearing.

The Housing Department Project Specialist may be reached at:

Mary Aguilar, Project Specialist
Housing Department
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6606

DRAFT
682
City of Fontana, CA
Citizen Participation Plan 2025 Page 16 It is the intention of the City to comply with the Americans with Disabilities Act (ADA) in all respects. If an attendee or participant at a public hearing needs special assistance beyond what is normally provided, the City will attempt to accommodate these people in every reasonable manner. Efforts may include, but are not limited to, accessible seating, video recording for those homebound, sign language services and production of written transcripts. The City’s Housing Department Project Specialist must be notified at least 48 hours prior to the public hearing. The Housing Department Project Specialist may be reached at:

Mary Aguilar, Project Specialist
Housing Department
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6606

4. Access to Consolidated Plan Documents and Records

All approved Consolidated Plan Documents , and any approved amendments thereto, will be kept on file by the City at the City Hall Housing Department (8353 Sierra Avenue, Fontana, CA 92335), online at:
https://www.fontanaca.gov/622/Federal-Grant-Programs
and can be made
available to those requesting the plan. The Consolidated Plan Documents shall be provided in a format accessible to persons with disabilities upon request. Such formats may include, but are not limited to providing oral, Braille, electronic or large print versions of the plan to those visually impaired and delivering copies to those who are homebound. Upon request, the Consolidated Plan Documents or summaries of those documents will be made available in a manner accessible to LEP persons in accordance with the City’s approved LAP or those with disabilities.

T
he City will ensure timely and reasonable access to information and records related to the development of the Consolidated Plan Documents, and the use of HUD CPD funds from the preceding five years. Information to be made available will include budget and program performance information, meeting minutes, and comments received by the City during the development of the Consolidated Plan and its supporting documents.

Requests for information and records must be made to the City in writing. Staff will respond to such requests within 15 working days or as soon as possible thereafter.

H. Technical Assistance

Upon request, to the extent practicable, city staff will provide technical assistance to groups representing extremely-low, low-, and moderate-income persons to develop funding requests for HUD CPD eligible activities. This may include, but is not limited to, providing information about how to fill out forms or applications, informational sources, training, and access for LEP persons, and persons with disabilities .

DRAFT
683
City of Fontana, CA
Citizen Participation Plan 2025 Page 17 “Technical assistance,” as used here, does not include the provision of funds to groups requesting such assistance and the City will not write proposals for an applicant.

To request technical assistance, please contact the Housing Department Project Specialist at:

Mary Aguilar, Project Specialist
Housing Department
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6606

I. Comments and Complaints

1. Comments

Citizens or the City government, as well as agencies providing services to the community, are encouraged to state or submit their comments in the development of the Consolidated Plan Documents and any amendments to the Consolidated Plan. Written and verbal comments received at public hearings or during the comment period, will be considered and summarized, and included as an attachment to the City's final Consolidated Plan. Written comments should be addressed to:

Mary Aguilar, Project Specialist
Housing Department
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6606

A written response will be made to all written comments within ten working days, acknowledging the letter and identifying a plan of action, if necessary. Every effort will be made to send a complete response within 15 working days to those who submit written proposals or comments.

Copies of the complete final Consolidated Plan and amendments to it will be available to residents at the following locations:

City Hall: Housing Department
8353 Sierra Ave
Fontana, CA, 92335

2. Complaints

A complaint regarding the Consolidated P lanning process and Consolidated Plan amendments must be submitted in writing to the Housing Department Project Specialist. A written response will be made to written complaints within 15 DRAFT
684
City of Fontana, CA
Citizen Participation Plan 2025 Page 18 working days, acknowledging the letter and identifying a plan of action, if necessary.

The City will accept written complaints provided they specify:
• The description of the objection, and supporting facts and data; and • Provide name, address, telephone number, and a date of complaint.

J. Appeals

Appeals concerning the Consolidated Plan, statements, or recommendations of the staff should be made to the following persons in the order presented:
• Project Specialist
• Housing Manager
• Deputy City Manager
• City Manager
• City Council
• Los Angeles Area Office of HUD (if concerns are not answered)

K. Special Exceptions and Waivers

When authorized by HUD via waiver or statute to respond to an exigent or emergency situation, the City of Fontana may modify its CPP approach to conform with the flexibilities granted by HUD. These exceptions may be applied to all documents referenced in this CPP , including the CPP , Consolidated Plan, Annual Action Plan, Consolidated Annual Performance and Evaluation Report, AI / AFH, and any amendments to these documents. Such modifications may include:
• Reduced public review period,
• Modified placement of notices and documents for public review, • Modified structure of public hearings, or
• Alternative requirements, as identified and allowed by HUD.

In such cases, the City shall provide citizens with 5-day notice, or less per HUD direction, of public hearings or meetings of the City Council and shall provide a 5- day opportunity, or less per HUD direction, for public comment. Further, in-person public hearings will not be required when social distancing and limitation of public gatherings are recommended. All virtual hearings utilized by the City will provide reasonable notice and real-time access for citizens for questions, comments, and responses.

L. CDBG Disaster Recovery (CDBG-DR)

In the event of a federally-declared major disaster or emergency for which the City of Fontana is to receive and administer HUD disaster recovery assistance pursuant to DRAFT
685
City of Fontana, CA
Citizen Participation Plan 2025 Page 19 the Robert T. Stafford Disaster Relief and Emergency Assistance Act and related Congressional Appropriations, either directly from HUD or through the State of California, the following citizen participation requirements shall apply to the development of Action Plans and Substantial Amendments to Action Plans for disaster recovery:

1. Before the City adopts the Action Plan for a disaster recovery grant or any substantial amendment to a disaster recovery grant Action Plan, the City will publish the proposed plan or amendment on the City website and will cross - reference with any additional disaster recovery websites established to provide information to the public concerning assistance that may be available.

2. The City and/or subrecipients will notify affected citizens through USPS and/or electronic mailings, press releases, public service announcements, public notice(s), and/or through social media.

3. The City will ensure that all citizens have equal access to information about the programs, including persons with disabilities and Limited English Proficiency (LEP) persons. Program information will be made available in the appropriate languages for the City.

4. Subsequent to publication of the Action Plan or substantial amendment, the City will provide a reasonable opportunity of at least seven (7) days for receiving comments, or a longer period as prescribed by the Federal Register Notice governing administration of the HUD disaster recovery assistance.

5. The City will take comments via USPS mail to: Housing Specialist, Department of Housing and Business Development , 8353 Sierra Avenue, Fontana, CA 92335.

6. In the action plan, the City will specify criteria for determining what changes in the City’s plan constitute a substantial amendment to the plan. At a minimum, the following modifications will constitute a substantial amendment:
a change in program benefit or eligibility criteria; the addition or deletion of an activity; or the allocation or reallocation of a monetary threshold of more than $750,000.

7. A
public website shall be established and publicized specifically for the disaster.

Initially, the City’s CDBG website may be used at:
https://fontana.org/index.aspx?NID=622. The website shall contain the Action Plan (including all amendments); each Quarterly Performance Report (QPR); procurement policies and procedures; executed contracts; status of services or goods currently being procured by the City (e.g., phase of the procurement, requirements for proposals, etc.).

8. T
he City will consider all written comments regarding the Action Plan or any substantial amendment. A summary of the comments and the City’s response to each comment will be provided to HUD or the State with the Action Plan or substantial amendment.

9. The City will provide a timely written response to every citizen complaint. The response will be provided within 15 working days of the receipt of the complaint, to the extent practicable.

DRAFT
686
City of Fontana, CA
Citizen Participation Plan 2025 Page 20

10. The City will notify HUD when it makes any plan amendment that is not substantial. HUD or the State will be notified at least five business days before the amendment becomes effective.

M. Anti-Displacement and Relocation

The City’s Anti-displacement and Relocation Plan describes how Fontana will assist persons who must be temporarily relocated or permanently displaced due to the use of HUD CPD funds. This plan takes effect whenever the City funds projects that involve the following:
• Property acquisition;
• Potential displacement of people from their homes and the need to relocate people (either permanently or temporarily); and
• The demolition or conversion of low- and moderate-income dwelling units.

1. Background

Two Acts apply whenever any of the above issues are present: the Uniform Relocation Assistance and Real Property Policies Act of 1970 (URA) and Section 104(d) of the Housing and Community Development Act of 1974. Each of these acts places different obligations on the City.

The URA governs the processes and procedures which the City and the Finance Department must follow to minimize the burden placed on low- and moderate- income tenants, property owners, and business owners who must move (either temporarily or permanently) as the result of a project funded in whole or in part by the CDBG, HOME and ESG programs. The URA applies to:
• Displacement that results from acquisition, demolition, or rehabilitation for HUD -assisted projects carried out by public agencies, nonprofit organizations, private developers, or others; • Real property acquisition for HUD-assisted projects (whether publicly or privately undertaken);
• Creation of a permanent easement or right of way for HUD-assisted projects (whether publicly or privately undertaken); and • Work on private property during the construction of a HUD-assisted project even if the activity is temporary.

2. What is Displacement?

Displacement occurs when a person moves as a direct result of federally assisted acquisition, demolition, conversion, or rehabilitation activities, because they are:
• Required to move; or
• Not offered a decent, safe, sanitary and affordable unit in the project; or
DRAFT
687
City of Fontana, CA
Citizen Participation Plan 2025 Page 21 • Treated “unreasonably” as part of a permanent or temporary move.

A person may also be considered displaced if the necessary notices are not given or provided in a timely manner and the person moves for any reason.

3. What is a Displaced Person?

The term displaced person means any person that moves from real property or moves his or her personal property from real property permanently as a direct result of one or more of the following activities:
• Acquisition of, written notice of intent to acquire, or initiation of negotiations to acquire such real property, in whole or in part, for a project;
• Rehabilitation or demolition of such real property for a project; and • Rehabilitation, demolition, or acquisition (or written notice of intent) of all or a part of other real property on which the person conducts a business or farm operation, for a project.

Fontana offers advisory and financial assistance to eligible tenants (or homeowners) who meet the above definition.

4. Persons Not Eligible for Assistance

A person is not eligible for relocation assistance under the provisions of the URA if any of the following occurs:
• The person was evicted for serious or repeated violation of the terms and conditions of the lease or occupancy agreement, violation of applicable Federal, State, or local law, or other good cause. However, if the person was evicted only to avoid the application of URA, then that person is considered displaced and is eligible for assistance; • The person has no legal right to occupy the property under State or local law;
• The City determines that the person occupied the property to obtain relocation assistance and the HUD Field Office concurs in that determination;
• The person is a tenant-occupant that moved into the property after a certain date, specified in the applicable program regulation, and, before leasing and occupying the property, Fontana or its subgrantee provided the tenant- occupant written notice of the application for assistance, the project's impact on the person, and the fact that they would not qualify as a “displaced person” because of the project; • The person is a tenant- occupant of a substandard dwelling that is acquired or a tenant-occupant of a dwelling unit to which emergency repairs are undertaken and the HUD field office concurs that:
o Such repairs or acquisition will benefit the tenant;
DRAFT
688
City of Fontana, CA
Citizen Participation Plan 2025 Page 22 o Bringing the unit up to a safe, decent, and sanitary condition is not feasible;
o The tenant’s new rent and average estimated monthly utility costs will not exceed the greater of: the old rent/utility costs or 30 percent of gross household income; and
o The project will not impose any unreasonable change in the character or use of the property.
• The person is an owner-occupant of the property who moves because of an arm’s length acquisition;
• Fontana or its subgrantee notifies the person that they will not displace them for the project; and
• The person retains the right of use and occupancy of the real property for life following the acquisition.

Fontana determines that the person is not displaced as a direct result of the acquisition, rehabilitation, or demolition for the project and the HUD field office concurs in the determination.

5. Minimizing Displacement

Fontana will take reasonable steps to minimize displacement occurring as a result of its CDBG, HOME and ESG activities. This means that the Housing Department will:
• Consider if displacement will occur as part of funding decisions and project feasibility determinations;
• Assure, whenever possible that occupants of buildings to be rehabilitated are offered an opportunity to return;
• Plan substantial rehabilitation projects in “stages” to minimize displacement; and
• Meet all HUD notification requirements so that affected persons do not move because they have not been informed about project plans and their rights.

6. Anti-Displacement Policy

The City seeks to minimize, to the greatest extent feasible, the displacement, whether permanently or temporarily, of persons (families, individuals, businesses, nonprofit organizations, or farms) from projects funded with CDBG, HOME or ESG involving singl e- or multi -family rehabilitation, acquisition, commercial rehabilitation, demolition, economic development, or capital improvement activities.

Projects that Fontana deems beneficial but that may cause displacement may be recommended and approved for funding only if Fontana or its subgrantee DRAFT
689
City of Fontana, CA
Citizen Participation Plan 2025 Page 23 demonstrates that such displacement is necessary and vital to the project and that they take efforts to reduce the number of persons displaced. Further, they must clearly demonstrate that the goals and anticipated accomplishments of a project outweigh the adverse effects of displacement imposed on persons who must relocate.

7. Displacement Assistance

Consistent with the goals and objectives of the CDBG, HOME and ESG programs, Fontana will take all reasonable steps necessary to minimize displacement of persons, even temporarily. If displacement occurs, the City will provide relocation assistance to all persons directly, involuntarily, and permanently displaced according to HUD regulations.

If Fontana temporarily displaces a low- or moderate-income household, that household becomes eligible for certain relocation payments. The assistance applies to those persons residing in the residence at the time the application is processed and is based on the following procedures:
• If the structure and its occupants are determined eligible for temporary relocation assistance, the owner- occupants and tenants are eligible for the actual reasonable cost (based on fair market rent) of temporary lodging facilities until the structure is determined habitable by Fontana’s housing inspector;
• Fontana must approve housing and the Lessor and Lessee must sign a rent agreement before move -in. Housing must be comparable functionally to the displacement dwelling and decent, safe, and sanitary. This does not mean that the housing must be in comparable size. The term “functionally equivalent” means that it performs the same function, has the same principal features present, and can contribute to a comparable style of living. Approved lodging accommodations include apartments and houses. Fontana does not reimburse “rental expenses” for living with a friend or family member;
• Either Fontana will provide the owner-occupants and tenants a direct payment for moving expenses (to and from temporary housing) and storage costs, or Fontana will arrange moving and storage of furniture with a moving company . If Fontana makes a direct payment, complete documentation and receipts are necessary to process claims when storage costs exceed the amount ass umed by the direct payment;
• Damage deposits, utility hookups, telephone hookups and insurance costs are not eligible for reimbursement; and
• The City may pay the cost of relocation assistance from Federal funds or funds available from other sources.

DRAFT
690
City of Fontana, CA
Citizen Participation Plan 2025 Page 24

8. One-For-One Replacement Dwelling Units

Fontana will generally avoid awarding funds for activities resulting in displacement. However, should Fontana fund an activity, specific documentation is required to show the replacement of all occupied and vacant dwelling units demolished or converted to another use. Fontana will assure that relocation assistance is provided as described in 24 CFR 570.606(b)(2).

Before obligating or expending funds that will directly result in such demolition or conversion, Fontana will make public and submit to the HUD field office the following information in writing:
• A description of the proposed assisted activity;
• The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low- and moderate-income units; • A time schedule for the commencement and completion of the demolition or conversion;
• The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement units;
• The source of funding and a time schedule for the provision of replacement dwelling units; or
• The basis for concluding that each replacement dwelling unit will remain a low- and moderate-income unit for at least ten years from the date of initial occupancy.

Consistent with the goals and objectives of the CDBG, HOME and ESG programs, Fontana will take all reasonable steps necessary to minimize displacement of persons from their homes. The City will avoid funding projects that cause displacement of persons or businesses and will avoid funding any project that involves the conversion of low- and moderate-income housing to non-residential purposes.

9. Decent, Safe and Sanitary Dwelling

The basic definition is found at 49 CFR 24.2(1). The term decent, safe, and sanitary dwelling means a dwelling that meets the following standards and any other housing and occupancy codes that are applicable. It will:
• Be structurally sound, weather tight, and in good repair; • Contain a safe electrical wiring system adequate for lighting and other devices;
• Contain a safe heating system capable of sustaining a healthful temperature for the displaced person;
DRAFT
691
City of Fontana, CA
Citizen Participation Plan 2025 Page 25 • Be adequate to accommodate the displaced person. There will be a separate, well lit, ventilated bathroom that provides privacy to the user and contains a toilet, sink, and a bathtub or shower, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system. There should be a kitchen area that contains a fully usable sink, properly connected to hot and cold water and to a sewage drainage system, and adequate space and utility service connections for a stove and refrigerator; • Contain unobstructed egress to safe, open space at ground level; • For a mobility -impaired person, be free of any barriers that would preclude reasonable ingress, egress, or use of the dwelling by such person. This requirement will be satisfied, if the displaced person elects to relocate to a dwelling that they select and the displaced person determines that they have reasonable ingress, egress, and the use of the dwelling; and
• Comply with lead-based paint requirements of 24 CFR Part 35.

N. Real Property Policies

The City and its CDBG, HOME and ESG subrecipients must follow specific guidelines regarding the acquisition and use of real property funded in whole or in part with CPD funds.

1. Use of Real Property

The following standards apply to real property within the recipient’s control and acquired or improved, in whole or in part, using CDBG, HOME and ESG funds.

These standards will apply from the date funds are first spent for the property until five years after the project is audited and closed.

A recipient may not change the use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was made unless the recipient gives affected citizens reasonable notice of, and opportunity to comment on, any such proposed change, and either:
• The use of such property qualifies as meeting a national objective and is not a building for the general conduct of government; • The requirements in the paragraph below are met;
• If the recipient determines, after consultation with affected citizens, that it is appropriate to change the use of property to a use that does not qualify under the above paragraph, it may retain or dispose of the property. The Fontana CDBG, HOME, and ESG programs must be reimbursed in the amount of the current fair market value of the property less any portion attributable to expenditures of non- federal funds for the acquisition of and improvements to the property; DRAFT
692
City of Fontana, CA
Citizen Participation Plan 2025 Page 26 • If the change of use occurs within five years of the project being audited and closed, income from the disposition of the real property will be returned to the Fontana CDBG, HOME, and ESG programs; and • Following the reimbursement of the federal program pursuant to the above paragraph of this section, the property is no longer subject to any federal requirements.

2. Real Property Acquisition

All real property acquisition activities described in this section and funded in whole or in part with CDBG, HOME, and ESG funds and all real property that must be acquired for an activity assisted with Federal funds, regardless of the actual funding source for the acquisition, are subject to the URA (as amended).

3. What is Real Property Acquisition?

Real property acquisition is any acquisition by purchase, lease, donation, or otherwise, including the acquisition of such interests as rights -of-way and permanent easements.

HUD Handbook 1378 and 49 CFR Part 24 currently contains such regulations.

These regulations detail a standard procedure for acquiring property and methods of determining a purchase price and outline other documents that must be provided to Fontana before disbursement of funds. These regulations further require the applicant to provide relocation payments and assistance to any business or residential occupant of the property whom the acquisition will displace.

4. Eligible Activities

Fontana or its sub-grantee may acquire real property for a project using CDBG, HOME, and ESG funds where the proposed use of the acquired property will be an activity that the City can demonstrate as beneficial to low- and moderate- income persons.

5. Environmental Review Process (24 CFR Part 58)

HUD requires that all real property acquisition projects be reviewed before the commitment of Federal funds to assess the impact of a project on the environment. Fontana will undertake this review process. The applicant should be aware, however, that this review process may delay the date by which CDBG, HOME, and ESG funds may be available and, in case of serious adverse environmental impacts, may effectively stop a project.

DRAFT
693
City of Fontana, CA
Citizen Participation Plan 2025 Page 27 Appendix

Proof of Public Notices
&
Public Comment
DRAFT
694
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0030 Agenda Date: 3/25/2025
Agenda #: D. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Master Case (MCN) No. 24-073 and Municipal Code Amendment (MCA) No. 24-006: Fontana Municipal Code Amendments to Chapter 30 (Zoning and Development Code) to modify Section No. 30-467 pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) to comply with State of California law, pursuant to a statutory exemption in accordance with California Public Resources Code section 21080.17
RECOMMENDATION:

1. Determine that the proposed ordinance is statutorily exempt from the California Environmental Quality Act (“CEQA”)pursuant to California Public Resources Code section 21080.17 as CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, Which is California’s ADU law and which also regulates JADUs, as defined by section 66313; and,

2. Read by title only and waive further reading of and introduce Ordinance No.1966, an Ordinance of the City of Council of the City of Fontana approving Master Case No. 24-073 and Municipal Code Amendment (MCA) No. 24-006 to amend Section 30-467 of Chapter 30 of the Municipal Code pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) to comply with State of California law; and the reading of the title constitutes the first thereof.

COUNCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by construction of affordable high-quality multi-family housing.

DISCUSSION:

On November 12, 2024, the City Council approved Urgency Ordinance No. 1959, which went into effect on January 1, 2025. The city’sregulations on ADUs and JADUs would have been null and void had an urgency ordinance not been adopted. Staff is proposing a permanent ordinance that will replace the urgency ordinance. The adopted urgency ordinance and the proposed permanent City of Fontana Printed on 3/19/2025Page 1 of 3
powered by Legistar™
695
File #: 25-0030 Agenda Date: 3/25/2025
Agenda #: D. Category: Public Hearing
replace the urgency ordinance. The adopted urgency ordinance and the proposed permanent ordinance are identical.

The proposed ordinance will amend Section 30-467 of the Fontana Municipal Code to comply with recent changes to state law that impose new limits on local authority to regulate ADUs and JADUs.

AB 2533 - Unpermitted ADUs and JADUs
Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU’s noncompliance with applicable building, state or local ADU standards. However, existing state law includes one exception to the requirement to allow the legalization of an unpermitted ADU, which is the allowance to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.

AB 2533 changes existing state law by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction cutoff date from January 1, 2018 to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings).

SB 1211 - Replacement Parking Requirements; Multifamily ADUs Replacement Parking
Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage, carport or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU. SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU.

Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure. Existing state law requires the City to ministerially approve qualifying building- permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages…” The term “livablespace”is not defined by existing state ADU law. SB 1211 changes this by adding a new definition: “’Livablespace’means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov.

Code, Sec. 66313(e).)
SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs. Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code Sec. 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have - the limit remains at two.

ENVIRONMENTAL REVIEW:

Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of City of Fontana Printed on 3/19/2025Page 2 of 3
powered by Legistar™
696
File #: 25-0030 Agenda Date: 3/25/2025
Agenda #: D. Category: Public Hearing
Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’sADU law and which also regulates JADUs, as defined by section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

FISCAL IMPACT:

None.

MOTION:

Approve staff’s recommendation.

City of Fontana Printed on 3/19/2025Page 3 of 3
powered by Legistar™
697

1 of 4

ORDINANCE NO. 1966

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT NO. 24-
006 TO AMEND SECTION 30 -467 OF THE FONTANA MUNI CIPAL

CODE, PURSUANT TO A STATUTORY EXEMPTION FROM CEQA
UNDER PUBLIC RESOURCES CODE § 21080.17 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. 24-006; 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 -467. – Accessory dwelling units and junior accessory dwelling units. is amended to align with state law; 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. 24-006 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. 24-006 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. 24-006 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
698
Ordinance No. 1966

2 of 4

WHEREAS, the amendments in MCA No. 24-006 will better express the City’s policies and will generally promote good land use planning and regulation; and WHEREAS, on January 21, 2025, the Planning Commission held a public meeting on MCA No. 24 -006 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 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 January 21, 2025, and approved Resolution No. 2025-002 to recommend that the City Council approve the modifications to the Zoning and Development Code; and
WHEREAS, on March 25, 2025, the City Council held a public hearing on MCA No. 24-006 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 January 21, 2025; and
WHEREAS, the City Council carefully considered all information pertaining to MCA No. 24-006 that was presented at its public hearing on March 25, 2025; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, BE IT ORDAINED 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 hereby determines that under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law, and whic h also regulates JADUs, as defined by section 66313. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

699
Ordinance No. 1966

3 of 4

Section 3. Development Code Amendment Findings . The City Council hereby makes the following findings for Municipal Code Amendment No. 24-006 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 deve lopment 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 ge nerally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: The Municipal Code Amendment permanently codifies the previously approved urgency ordinance. The Municipal Code Amendment aligns the municipal code with State of California law as it pertains to accessory dwelling units and junior accessory units. As such, the amendment will promote the General Plan goal of adequate housing to meet the needs of all residents in Fontana.

Section 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves the amendments as set forth in MCA No. 24-006, 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. HCD Submittal. In accordance with Government Code section 66326, the Planning Department is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

Section 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.

Section 8. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

Section 9. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.
700
Ordinance No. 1966

4 of 4

APPROVED AND ADOPTED this 8th day of April, 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 25th day of March 2025, and was finally passed and adopted not less than five days thereafter on the 8th day of April 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

701

“EXHIBIT A”

AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(*Additions shown in underline, deletions shown in strikeout)

Sec. 30-467. Accessory dwelling units and junior accessory dwelling units. (a) Purpose; Application.
(1) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code §§ 65852.2 and 65852.22.
(2) Application. This section applies to all ADUs and JADUs for which a complete application is submitted on or after January 1, 2023 2025. If a complete ADU or JADU application is submitted prior to that date, the applicant may elect in writing to proceed under the City's ADU regulations that were in effect at submittal; otherwise, this section governs. For purposes of this paragraph, a complete application includes an application that is deemed complete under state law. (b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12.
(c) Definitions. As used in this section, terms are defined as follows:
(1) Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code § 17958.1; and
b. A manufactured home, as defined by California Health and Safety Code § 18007.
(2) Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) Attached accessory dwelling unit means an ADU that is connected via a permanent wall, ceiling, or floor to a primary dwelling on the same lot. "Attached accessory dwelling unit" does not include an ADU that is only attached to a primary dwelling via a patio structure, overhang, breezeway, or similar structure. Reserved. 702

(4) Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single -family or multi-family dwelling is or will be situated.
(5) Efficiency kitchen means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(6) "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet in size.
b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection (c)(5) above. (7) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. (8) Living area means the int erior habitable area of a dwelling unit a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation, including basements and attics, but does not include a garage or any accessory structure.
(8) Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.
(9) Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(10) Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (11) Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (13) Total floor area means the total floor area of the ADU or JADU, inclusive of all habitable and non-habitable areas of the structure, including, but not limited to stairways, hallways, basements, attics, garages, storage areas, restrooms. (d) Approvals. The following approvals apply to ADUs and JADUs under this section:
(1) Building-permit only. If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:
703

a. Converted on lot with single -family. One ADU as described in this subsection (d)(1)(a) and one JADU on a lot with a proposed or existing single -family dwelling on it, where the ADU or JADU:

1. Is either: within the space of a proposed single -family dwelling; within the existing space of an existing single -family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

2. Has exterior access that is independent of that for the single-family dwelling; and

3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

4. The JADU complies with the requirements of Government Code § 65852.22 sections 66333 through 66339.
b. Limited detached on lot with single -family. One detached, new -construction ADU on a lot with a proposed or existing single -family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (d)(1)(a) above), if the detached ADU satisfies each of the following limitations:

1. The side- and rear-yard setbacks are at least four feet.

2. The total floor area is 800 square feet or smaller.

3. The peak height above grade does not exceed the applicable height limit in subsection (e)(2) below.
c. Converted on lot with multi-family. One or more ADUs within portions of existing multi-family dwelling structur es that are not used as livable space, including, but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (d)(1)(c), at least one converted ADU is allowed within an existing multi -family dwelling, up to a quantity equal to 25 percent of the existing multi-family dwelling units. d. Limited detached on lot with multi-family. No more than two detached ADUs on a lot that has an existing or a proposed multi-family dwellings, or up to eight detached ADUs on a lot with existing multi -family dwellings, if each detached ADU satisfies all of the following:

1. The side- and rear-yard setbacks are at least four feet. If the existing multi- family dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multi -family dwelling as a condition of approving the ADU.

2. The peak height above grade does not exceed the applicable height li mit provided in subsection (e)(2) below.

b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance.

The ADU-permit processing fee is determined by the Director of Planning and approved by the city council by resolution.
(3) Process and Timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

1. The applicant requests a delay, in which case the 60 -day time period is tolled for the period of the requested delay, or

2. When an application to create an ADU or JADU is submitted wi th a permit application to create a new single-family or multi-family dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single -family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. c. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments tha t include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (d)(3)(b) above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. (e) General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (d)(1) or (d)(2) above:
(1) Zoning.
a. An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multi-family dwelling residential use.
c. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
(2) Height.
a. Except as otherwise provided by subsections (e)(2)(b) and (e)(2)(c) below, a detached ADU created on a lot with an existing or proposed single -family or multi-family dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single -family or multi -family dwelling unit that is located within one-half mile walking distanc e of a major transit stop or a high quality transit corridor, as those terms are defined in Public Resources Code § 21155, and the ADU may be up to two additional feet in height (for a maximum of 20 705

feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multi -family dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(d) may not exceed two stories. e. For purposes of this subsection (e)(2), height is measured from existing legal grade to the peak of the structure.
(3) Fire sprinklers.

1.a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2.b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(4) Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (5) No separate conveyance. An ADU or JADU may be rented but, except as otherwise provided in Government Code § 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot).
(6) Septic system. If the ADU or JADU will connect to an onsite wastewater-treatment system, include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years. (7) Owner occupancy. As required by state law, all JADUs are subject to an owner occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However. the owner -occupancy requirement in this subsection (e)(7)(c) does not apply if the property is entirely owned by another governmental agency. land trust. or housing organization. a. ADUs created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.
b. As required by state law, all JADUs are subject to an owner -occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner - occupancy requirement in this subsection 0 does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(8) Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director Planning Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
706

a. Except as otherwise provided in Government Code § 65852.26 section 66341, the ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. App eal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remainin g structure and improvements must otherwise comply with applicable provisions of this Code. e. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. (9) Reserved. Income reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance with Government Code §§ 65583.1 and 65852.2, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each yearly anniversary of the issu ance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90 -day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report.

If the owner fails to submit the report within the 30 -day period, the city may enforce this provision in accordance with applicable law. (10) Building and safety.
a. Must comply with building code. Subject to subsection (e)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the lo cal building code, as described in California Building Code § 310, unless the building official or Code Compliance Department makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, advers e impact on public health and safety. Nothing in this subsection (e)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable 707

space or that was only permitted for non-residential use and was subsequently converted for residential use in accordance with this section. (f) Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above.
(1) Maximum size.
a. The maximum size of a detached or attached ADU subje ct to this subsection (f) is 1,200 square feet.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standar ds in this subsection (f), such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (f)(1)(b) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
(2) Setbacks.
d.a. An ADU that is subject to this subsection (f) must conform to an 18 -foot front-yard setback, subject to subsection (f)(1)(c) above. e.b. An ADU that is subject to this subsection (f) must conform to four-foot side- and rear-yard setbacks.
f.c. No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as a legal existing structure.
(2) (3) Lot coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (f)(1)(c) above. (3) (4) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.
(4) (5) Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above.
b. Exceptions. No parking under subsection (f)(4)(a) is required in the following situations:

1. The ADU is located within one -half mile walking distance of public transit, as defined in subsection (c)(11) above.

2. The ADU is located within an architecturally and histo rically significant historic district.

3. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (d)(1)(a) above.

4. When on-street parking permits are required but not offered to the occupant of the ADU.

5. When there is an established car share vehicle stop located within one block of the ADU.

6. When the permit application to create an ADU is submitted with an application to create a new single-family or new multi-family dwelling on the 708

same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (f)(4)(b)(1) through (5) above.
c. No replacement. When a garage, carport, or covered parking structure , or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off -street parking spaces are not required to be replaced.
(5) (6) Architectural requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet. f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. g. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(6) (7) Landscape requirements. Evergreen landscape screening must be planted and maintained between the ADU, and adjacent parcels as follows:
a. At least one 15 -gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every ten linear feet of exterior wall.
b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. c. All landscaping must be drought tolerant.
(7) (8) Historical protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
(9) Allowed Stories. No ADU subject to this subsection (f) may have more t han one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (e)(2)(D) of this section. (g) Fees. The following requirements apply to all ADUs that are approved under subsections (d)(1) or (d)(2) above.
(1) Impact fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size.

For purposes of this subsection (g)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Government Code § 66000(b)) and a fee under the Quimby 709

Act (Government Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionat ely in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(2) Utility fees.
a. If an ADU is constructed with a new single -family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. b. Except as described in subsection (g)(2)(a), converted ADUs on a single-family lot that are created under subsection (d)(1)(a) above are not required to have a new or separate utility connection directly between the ADU and the utility.

Nor is a connection fee or capacity charge required.
c. Except as described in subsection (g)(2)(a), all ADUs that are not covered by subsection (g)(2)(b) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.

1. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

2. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
(h) Nonconforming zoning code conditions, building code violations, and unpermitted structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs and JADUs constructed before 2018 2020. a. Permit to legalize. As required by state law, the city may not deny a permit to legalize an existing, but unpermitted ADU or JADU that was constructed before January 1, 2018 2020, if denial is based on either of the following grounds:

1. The ADU or JADU violates applicable building standards, or

2. The ADU or JADU does not comply with the state ADU or JADU law (Government Code § 65852.2) or this ADU ordinance (Section 30-467). b. Exceptions.

1. Notwithstanding subsection (h)(2)(a) above, the city may deny a permit to legalize an existing, but unpermitted ADU or JADU that was constructed before January 1, 2018 2020, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure to comply with the standards specified in Health and Safety Code section 17920.3.
710

2. Subsection (h)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3.

711
City of Fontana
Action Report
Planning Commission
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3495 Agenda Date: 1/21/2025
Agenda #: PH-B Category: Public Hearing
FROM:

Planning Department
TITLE:

Master Case No. 24-073 and Municipal Code Amendment (MCA) No. 24-006: Fontana Municipal Code Amendments to Chapter 30 (Zoning and Development Code) to modify Section No. 30-467 pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADU) to comply with State of California law.

RECOMMENDATION:

Based on information in the staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2025-___; and,

1. Determine that the proposed ordinance is statutorily exempt from the California Environmental Quality Act (“CEQA”)pursuant to California Public Resources Code section 21080.17 as CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’sADU law and which also regulates JADUs, as defined by section 66313; and,

2. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 24-006 to amend Chapter 30 of the Municipal Code.

APPLICANT:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:

Citywide
REQUEST:

Municipal Code Amendment (MCA) No. 24-006 is a request to amend Chapter 30 of the Fontana Municipal Code that will modify Section No. 30-467 pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADU) to comply with State of California law.

PROJECT PLANNER:

Cecily Session-Goins, Associate Planner
BACKGROUND INFORMATION:

In recent years, the California Legislature has approved, and the Governor has signed into law, several bills that impose new limits on local authority to regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). In 2024, the California Legislature approved, and the City of Fontana Printed on 1/15/2025Page 1 of 3
powered by Legistar™
1712
File #: 21-3495 Agenda Date: 1/21/2025
Agenda #: PH-B Category: Public Hearing
junior accessory dwelling units (JADUs). In 2024, the California Legislature approved, and the Governor signed into law, two new bills - AB 2533 and SB 1211 - that further amend state ADU law as summarized below.

On November 12, 2024, the City Council approved Urgency Ordinance No. 1959, which went into effect on January 1, 2025. The City’sregulations on ADUs and JADUs would have been null and void had an urgency ordinance not been adopted. Staff is proposing a permanent ordinance that will replace the urgency ordinance and become the City’spermanent ordinance. The adopted urgency ordinance and the proposed permanent ordinance are identical.

PROJECT DESCRIPTION:

The proposed ordinance will amend Section 30-467 of the Fontana Municipal Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”).

ANALYSIS:

AB 2533 changes existing state law by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction-cutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings).

Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure. Existing state law requires the City to ministerially approve qualifying building- permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by existing state ADU law. SB 1211 changes this by adding a new definition: “‘Livablespace’means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov.

City of Fontana Printed on 1/15/2025Page 2 of 3
powered by Legistar™
2713
File #: 21-3495 Agenda Date: 1/21/2025
Agenda #: PH-B Category: Public Hearing
Code, § 66313(e).)
SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs. Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have - the limit remains at two.

ENVIRONMENTAL REVIEW:

Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

MOTION:

Approve staff’s recommendation
ATTACHMENTS:

Attachment No. 1 - Planning Commission Resolution
Attachment No. 2 - Notice of Exemption
Attachment No. 3 - Notice of Public Hearing
City of Fontana Printed on 1/15/2025Page 3 of 3
powered by Legistar™
3714
ATTACHMENT NO. 1

Page 1 of 11 ends

RESOLUTION NO. PC 2025 -____

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FONTANA,

CALIFORNIA, RECOMMENDING THAT THE FONTANA CITY COUNCIL ADOPT AN ORDINANCE APPROVING AMENDMENTS TO SECTION 30 -467 OF THE FONTANA

MUNICIPAL CODE PERTAINING TO ACCES SORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS, PURSUANT TO A STATUTORY EXEMPTION FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17.

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, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law;
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and

WHEREAS, through Municipal Code Amendment (“MCA”) No. 24-006, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain 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 30-467. – Accessory dwelling units and junior accessory dwelling units should be amended to reflect State law; and

WHEREAS, on November 12, 2024, the City Council approved Urgency Ordinance No. 1959, which went into effect on January 1, 2025 , as the city’s regulations on ADUs and JADUs would have been null and void had an urgency ordinance not been adopted , and which the proposed code amendment would replace; and

WHEREAS, on January 21 , 2025 , 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 January 21, 2025; and

4715
Resolution PC 2025-______

Page 2 of 11 ends

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 recommends that the City Council find that, under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313.

Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

Section 3. Municipal Code Amendment. The Planning Commission hereby makes the following finding for MCA No. 24-006 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 Municipal Code Amendment permanently codif ies the previously approved urgency ordinance. The Municipal Code Amendment aligns the municipal code with State of California law as it pertains to accessory dwelling units and junior accessory units . As such, the amendment will promote the General Plan goal of adequate housing to meet the needs of all residents in Fontana.

Section 4. Recommendation of Approval. Based on the foregoing, the Planning Commission hereby recommends that the City Council adopt an ordinance approving MCA No. 24-006 to amend Chapter 30 of the City Code as indicated in Exhibit “A” which is attached hereto 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. 5716
Resolution PC 2025-______

Page 3 of 11 ends

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 21st day of January 2025.

City of Fontana

___________________________
Idilio Sanchez, Vice 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 21st day of January 2025, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________
Ricardo Quintana, Secretary
6717
Resolution PC 2025-______

Page 4 of 11 ends

“EXHIBIT A”

AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(*Additions shown in underline, deletions shown in strikeout) Sec. 30-467. Accessory dwelling units and junior accessory dwelling units. (a) Purpose; Application.
(1) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code §§ 65852.2 and 65852.22.
(2) Application. This section applies to all ADUs and JADUs for which a complete application is submitted on or after January 1, 2023 2025. If a complete ADU or JADU application is submitted prior to that date, the applicant may elect in writing to proceed under the City's ADU regulations that were in effect at submittal; otherwise, this section governs. For purposes of this paragraph, a complete application includes an application that is deemed complete under state law.
(b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. (3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12. (c) Definitions. As used in this section, terms are defined as follows:
(1) Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code § 17958.1; and b. A manufactured home, as defined by California Health and Safety Code § 18007. (2) Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) Attached accessory dwelling unit means an ADU that is connected via a permanent wall, ceiling, or floor to a primary dwelling on the same lot. "Attached accesso ry dwelling unit" does not include an ADU that is only attached to a primary dwelling via a patio structure, overhang, breezeway, or similar structure. Reserved.
(4) Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single -family or multi -family dwelling is or will be situated.
(5) Efficiency kitchen means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparatio n counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(6) "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet in size.
7718
Resolution PC 2025-______

Page 5 of 11 ends

b. It is contained entirely within an existing or proposed single -family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. c. It includes its own s eparate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing o r proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection (c)(5) above. (7) “Livable space” means a space in a dw elling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
(8) Living area means the interior habitable area of a dwelling unit a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation , including basements and attics, but does not include a garage or any accessory structure. (8) Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.
(9) Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(10) Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (12) Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (13) Total floor area means the total floor area of the ADU or JADU, inclusive of all habitable and non-habitable areas of the structure, including, but not limited to stairways, hallways, basements, attics, garages, storage areas, restrooms. (d) Approvals. The following approvals apply to ADUs and JADUs under this section:
(1) Building-permit only. If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:
a. Converted on lot with single-family. One ADU as described in this subsection (d)(1)(a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

1. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU onl y) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

2. Has exterior access that is independent of that for the single-family dwelling; and

3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

4. The JADU complies with the requirements of Government Code § 65852.22 sections 66333 through 66339.
b. Limited detached on lot with single-family. One detached, new-construction ADU on a lot with a proposed or existing single -family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (d)(1)(a) above), if the detached ADU satisfies each of the following limitations:

1. The side- and rear-yard setbacks are at least four feet.

2. The total floor area is 800 square feet or smaller.
8719
Resolution PC 2025-______

Page 6 of 11 ends

3. The peak height above grade does not exceed the applicable height limit in subsection (e)(2) below.
c. Converted on lot with multi-family. One or more ADUs within portions of existing multi- family dwelling structures that are not used as livable space, including, but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (d)(1)(c), at least one converted ADU is allowed within an existing multi - family dwelling, up to a quantity equal to 25 percent of the existing multi-family dwelling units.
d. Limited detached on lot with multi -family. No more than two detached ADUs on a lot that has an existing or a proposed multi-family dwellings, or up to eight detached ADUs on a lot with existing multi -family dwellings, if each detached ADU satisfies all of the following:

1. The side- and rear-yard setbacks are at least four feet. If the existing multi -family dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multi-family dwelling as a condition of approving the ADU.

2. The peak height above grade does not exceed the applicable height limit provided in subsection (e)(2) below.

3. If the lot has existing multi -family dwellings, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. (2) ADU permit.
a. Except as allowed under subsection (d)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (e) and (f) below.
b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the Director of Planning and approved by the city council by resolution.
(3) Process and Timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that t he city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

1. The applicant requests a delay, in which case the 60 -day time period is tolled for the period of the requested delay, or

Page 7 of 11 ends

(e) General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (d)(1) or (d)(2) above:
(1) Zoning.
a. An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single -family dwelling residential use or multi- family dwelling residential use.
c. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
(2) Height.
a. Except as otherwise provided by subsections (e)(2)(b) and (e)(2)(c) below, a detached ADU created on a lot with an existing or proposed single-family or multi-family dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single -family or multi -family dwelling unit that is located within one -half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Public Resources Code § 21155, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multi -family dwelling that has more than one story above grade may not exceed 18 feet in height. d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(d) may not exceed two stories.
e. For purposes of this subsection (e)(2), height is measured from existing legal grade to the peak of the structure.
(3) Fire sprinklers.

1.a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

Page 8 of 11 ends

b. As required by state law, all JADUs are subject to an owner -occupancy requirement. A natural person with legal or equitable title to the property mu st reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner -occupancy requirement in this subsection 0 does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. (8) Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director Planning Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. Except as otherwise provided in Government Code § 65852.26 section 66341, the ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if th e owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. T he Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated.

Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physica lly removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or e quity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
(9) Reserved. Income reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance with Government Code §§ 65583.1 and 65852.2, the following requirements must be satisfied:
a. With the building -permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU. b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year.

If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law. (10) Building and safety.
a. Must comply with building code. Subject to subsection (e)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in California Building Code § 310, unless the building official or Code Compliance Department makes a written finding based on substantial evidence in the record that the construction of the 11722
Resolution PC 2025-______

Page 9 of 11 ends

ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (e)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for non -residential use and was subsequently converted for residential use in accordance with this section. (f) Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above.
(1) Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection (f) is 1,200 square feet.
b. An attached ADU that is c reated on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection (f), such as lot coverage, might further limit the size of the ADU, but no application of the percent -based size limit in subsection (f)(1)(b) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet. (2) Setbacks.
d.a. An ADU that is subject to this subsection (f) must conform to an 18-foot front-yard setback, subject to subsection (f)(1)(c) above.
e.b. An ADU that is subject to this subsection (f) must conform to four -foot side- and rear-yard setbacks.
f.c. No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as a legal existing structure.
(2) (3) Lot coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (f)(1)(c) above. (3) (4) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.
(4) (5) Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above.
b. Exceptions. No parking under subsection (f)(4)(a) is required in the following situations:

1. The ADU is located within one -half m ile walking distance of public transit, as defined in subsection (c)(11) above.

2. The ADU is located within an architecturally and historically significant historic district.

3. The ADU is part of the proposed or existing primary residence or an accesso ry structure under subsection (d)(1)(a) above.

4. When on-street parking permits are required but not offered to the occupant of the ADU.

5. When there is an established car share vehicle stop located within one block of the ADU.

6. When the permit application to create an ADU is submitted with an application to create a new single-family or new multi-family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (f)(4)(b)(1) through (5) above.
12723
Resolution PC 2025-______

Page 10 of 11 ends

c. No replacement. When a garage, carport, or covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. (5) (6) Architectural requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. c. The exterior lighting must be limited to down -lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet. f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
g. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(6) (7) Landscape requirements. Evergreen landscape screening must be planted and maintained between the ADU, and adjacent parcels as follows:
a. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every ten linear feet of exterior wall.
b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.
c. All landscaping must be drought tolerant.
(7) (8) Historical protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
(9) Allowed Stories. No ADU subject to this subsection (f) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (e)(2)(D) of this section.
(g) Fees. The following requirements apply to all ADUs that are approved under subsections (d)(1) or (d)(2) above.
(1) Impact fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (g)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Government Code § 66000(b)) and a fee under the Quimby Act (Government Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) (2) Utility fees.
13724
Resolution PC 2025-______

Page 11 of 11 ends

a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in subsection (g)(2)(a), converted ADUs on a single-family lot that are created under subsection (d)(1)(a) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
c. Except as described in subsection (g)(2)(a), all ADUs that are not covered by subsection (g)(2)(b) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that a re not provided by the city are subject to the connection and fee requirements of the utility provider.

1. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor ar ea or the number of drainage -fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

1. The ADU or JADU violates applicable building standards, or

2. The ADU or JADU does not comply with the state ADU or JADU law (Government Code § 65852.2) or this ADU ordinance (Section 30-467). b. Exceptions.

2. Subsection (h)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3.

14725

NOTICE OF EXEMPTION
ATTACHMENT NO. 2
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. 24-073
Municipal Code Amendment No. 24-006

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- 006 - Fontana Municipal Code amendment to Chapter 30 (Zoning and Development Code) pertaining to accessory dwelling units and junior accessory dwelling units.

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) __X___ Statutory Exemption. State Code section number: Per California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is Calif ornia’s ADU law and which also regulates JADUs, as defined by section 66313.
(g) __ __ Other. Explanation:

5. Reason why project was exempt: This project is a citywide amendment to Chapter 30 of the Fontana Municipal Code pertaining to accessory dwelling units and junior accessory dwelling units. 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)

15726

Publication date: January 10, 2025
¼ page
ATTACHMENT NO. 3

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. 24-073 and MUNICIPAL CODE AMENDMENT (MCA) NO. 24-006

An amendment to Chapter 30 of the Fontana Municipal Code (FMC) that will modify Section No. 30-467 pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADU) to comply with State of California law

Environmental
Determination:

Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law, and which also regulates JADUs, as defined by section 66313.

Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

Location of Property: Citywide
Date of Hearing: January 21, 2025
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 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 WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
16727
ATTACHMENT NO. 3
Excerpt of Planning Commission Minutes of January 21, 2025:

PH-B Master Case No. 24-073 and Municipal Code Amendment (MCA) No. 24-006:

Fontana Municipal Code Amendments to Chapter 30 (Zoning and Development Code) to modify Section No. 30-467 pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADU) to comply with State of California law.

Vice Chair Sanchez opened Public Hearing.

Cecily Session-Goins, Associate Planner, presented the staff report.

No written correspondence was received.

The Public Hearing was closed.

RECOMMENDATION:

Based on information in the staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2025-003; and,

1. Determine that the proposed ordinance is statutorily exempt from the California Environmental Quality Act (“CEQA”) pursuant to California Public Resources Code section 21080.17 as CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313; and,

2. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 24-006 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 “B” and adopt Resolution No. PC 2025-003.

The motion carried by the following vote:

AYES: Vice Chair Sanchez, Secretary Quintana, Commissioners Thrasher, and Sangha; NOES: None; ABSTAIN: None; ABSENT: None

728

Publication date: March 14, 2025
¼ page
ATTACHMENT NO. 4

NOTICE PUBLIC HEARING

Si desea información en Español referente a esta notificación o proyecto, favor de comunicarse al (909) 350-6728.

A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:

MASTER CASE (MCN) NO. 24-073 and MUNICIPAL CODE AMENDMENT (MCA) NO. 24-006

Environmental
Determination:

Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law, and which also regulates JADUs, as defined by section 66313.

Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

Location of Property: Citywide
Date of Hearing: March 25, 2025
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.

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.
729
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0094 Agenda Date: 3/25/2025
Agenda #: A. Category: New Business
FROM:

Community Services
SUBJECT:

Adopt Ordinance No. 1967, Amending Chapters 16, 17, and 19 of the Fontana Municipal Code to make sections more intuitive and to incorporate current best practices.

RECOMMENDATION:

1. Read by title only and waive the further reading of section 16-17 to allow the sale and consumption of beer and alcohol incidental to the purpose of a permit obtained for a designated area in a public park under sections 17-5 and 19-3 of the FMC with approvals, including that of the city manager, as it pertains to tourism, community, and cultural events.

2. Read by title only and waive the further reading of section 17-5 to amend the requirements and timeframes for permits for meetings, assemblies, rallies, demonstrations and parades consisting of 50 or more individuals on a public street, sidewalk or other public place within the city to grant the City an appropriate amount of time to receive and review applications and to include additional methods of service for applicants to receive notice of the City’s decision on such applications.

3. Read by title only and waive the further reading of Chapter 19, sections 19-1, 19-2, 19-3, and 19-35 to update references to the Parks, Community and Human Service Commission; prohibit any tournament or the charge of admission fees or associated fees in any publicly maintained park; increase the threshold of the number of people required for a permit under the chapter; amend the reservation procedure to provide an indemnity provision and to increase the timeframes for reservation requests for permits under the chapter; amend the conditions for denial to further clarify such conditions for permits under the chapter; and to update the duties of the parks, community and human services commission to bring the municipal code current.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by seeking community input. · Increase citizen involvement by informing the public about issues, program, and accomplishments.

DISCUSSION:

The recommended revisions to Chapters 16, 17, and 19 of the Fontana Municipal Code (“FMC”) City of Fontana Printed on 3/19/2025Page 1 of 2
powered by Legistar™
730
File #: 25-0094 Agenda Date: 3/25/2025
Agenda #: A. Category: New Business
initiate the commencement of a series of revisions that make for a more clear and concise code that aligns with the City’s preferred and/or most current practices.

The revision to Chapter 16, Section 16-17 will allow for the sale and consumption of beer and alcohol for community and cultural events at specifically designated public parks under Sections 17-5 and 19 -3 of the FMC with approvals, including that of the city manager.

The revision to Chapter 17 Section 17-5 amends the requirements and timeframes for permits for meetings, assemblies, rallies, demonstrations and parades consisting of 50 or more individuals on a public street, sidewalk or other public place within the City. Allowing the City the appropriate amount of time to receive and review applications, and to include additional methods of service for applicants to receive notice of the City’s decision on such applications.

The revision of Chapter 19, Section 19-1 will update the references to the Parks, Community and Human Services Commission and prohibit any tournament or charge of admission and associated fees in any publicly maintained park.

The revision of Chapter 19, Section 19-2 will increase the threshold of the number of people required for a permit under the chapter.

The revision of Chapter 19, Section 19-3 will amend the reservation procedure to provide an indemnity provision and to increase the timeframes for reservation requests for permits under the chapter and amend the conditions for denial to further clarify such conditions for permits under the chapter.

The revision of Chapter 19, Section 19-35 updates the duties of the Parks, Community and Human Services Commission to bring the municipal code current.

FISCAL IMPACT:

None
MOTION:

Accept Staff Recommendations
City of Fontana Printed on 3/19/2025Page 2 of 2
powered by Legistar™
731
1 of 3

ORDINANCE NO. 1967

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTAN A, CALIFORNIA, AMENDING SECTIONS 16-17, 17-5, AND MULTIPLE SECTIONS OF CHAPTER 19 OF THE FONTANA MUNICIPAL CODE TO

ALLOW FOR THE SALE AND CONSUMPTION OF ALCOHOL
INCIDENTAL TO THE PURPOSE OF A PERMIT UNDER SECTIONS 17 - 5 AND 19 -3 OF THE MUNICIPAL CODE; AMEND THE STANDARDS,

CONDITIONS AND REQUIREMENTS FOR SPECIAL PERMITS AND
PERMITS ON PUBLIC MEETINGS AND DEMONSTRATIONS; PROHIBIT

TOURNAMENTS, ADMISSION AND ASSOCIATED FEES IN PUBLIC
PARKS; AND CLEAN UP ERRONEOUS LANGUAGE IN THE
RESPECTIVE SECTIONS OF THE MUNICIPAL CODE.

WHEREAS, the City of Fontana, California (“City”) is a general law city , duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and WHEREAS, the City desires to modify Chapter 16 -17 of the FMC to allow for the sale and consumption of beer and alcohol incidental to the purpose of a permit obtained for a designated area in a public park under Sections 17-5 and 19 -3 of the FMC with approvals, including that of the city manager , as it pertains to tourism, community and cultural events; and
WHEREAS, the City desires to modify Chapter 17 -5 of the FMC to amend the requirements and timeframes for permits for meetings, assemblies, rallies, demonstrations and parades consisting of 50 or more individuals on a public street, sidewalk or other public place within the city to grant the City an appropr iate amount of time to receive and review applications , and to include additional methods of service for applicants to receive notice of the City’s decision on such applications; and WHEREAS, the City desires to modify Chapter 19 to update references to the Parks, Community and Human Service Commission ; prohibit any tournament or the charge of admission and associated fees in any publicly maintained park; increase the threshold of the number of people required for a permit under the chapter; amend the reservation procedure to provide an indemnity provision and to increase the timeframes for reservation requests for permits under the chapter; amend the conditions for denial to further clarify such conditions for permits under the chapter ; and to update the duties of the parks, community and human services commission to bring the municipal code current; and
WHEREAS, the City desires to clean up the erroneous language of the respective sections of Chapters 16, 17, and 19 to provide for a more comprehensible and concise municipal code.
732
Ordinance No. 1967

2 of 3

THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:

Section 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.

Section 2. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulation s, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 3. Municipal Code Amendment. Chapters 16, 17 and 19 of the FMC are hereby amended to read as provided in Exhibit A which is attached hereto and incorporated herein by this reference.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reaso n any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

Section 5. 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 of these records is the City Clerk.

Section 6. Effective Date . This Ordinance shall be effective thirty days (30) following its adoption.

Section 7. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council m embers voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Fontana.

APPROVED AND ADOPTED by the City Council of the City of Fontana, at a regular meeting of the City Council held on the 8th day of April, 2025.

733
Ordinance No. 1967

3 of 3

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 introduced at a regular meeting of said City Council on the 25th day of March, 2025 and was finally passed and adopted not less than five days thereafter on the 8th day of April, 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

734

EXHIBIT A

735

(Supp. No. 59)

Page 1 of 2 ends

Sec. 16-17. Public consumption of intoxicant and possession of open container of alcoholic beverage prohibited.
(a) As used in this section, "alcoholic beverage" includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, liquor, wine, or beer, and which contains one -half of one percent or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
(b) It shall be unlawful for any person to drink an alcoholic beverage while upon any street, alley, way, sidewalk, parkway, playground, or park within the city, or within any building owned by or leased to the city, whether such person is or is not in or upon any automobile or other vehicle or conveyance. (c) It shall be unlawful for any person to possess any can, bottle, or other receptacle containing an al coholic beverage, as defined in subsection (a), that has been opened, or had its seal broken, or the contents of which have been partially removed, in any city park or other city-owned property or other public place, including, but not limited to, city-owned or city-leased buildings, parking lots, streets, alleys, ways, sidewalks, parkways and playgrounds.
(d) It shall be unlawful for any person possessing any can, bottle, or other receptacle containing an alcoholic beverage, as defined in subsection (a), that has been opened, or had its seal broken, or the contents of which have been partially removed, to enter or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business & Professions Code. All licensees shall comply with the following requirements:
(1) All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 (commencing with Section 23000) of the Business & Professions Code to operate in the city shall post the licensed premises with permanent signs which shall include language stating the following: "Possession of any open alcoholic beverage container in or outside this store is prohibited by law." (2) Required signs shall be posted such that they are visible to (i) patrons of the licensee; (ii) patrons using the parking lot immediately adjacent to the licensed premises; and (iii) persons on any public side walk immediately adjacent to the licensed premises.
(3) For purposes of this subsection "posted premises" shall mean those premises which are subject to licensure under any retail off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises, and any public sidewalk immediately adjacent to the licensed premises which are posted with notices pursuant to subsections (d)(1) and (d)(2). "Parking lot immediately adjacent to the licensed premises" shall mean any parking lot, which is contiguous to the licensed premises and is utilized by patrons of the licensed premises, except a private residential parking lot immediately adjacent to the posted premises.
(e) Subsections (b) and (c) shall not apply to any designated area or l ocation within the city for a temporary permit of up to seven days, which designated area or location has been approved by resolution of the city council. In addition, subsections (b) and (c) shall not apply to any designated area or location within the ci ty for a temporary permit of up to seven days, which designated area or location has been approved by the city manager or his/her designee upon determining that public convenience would be served, that the public health, safety and welfare would not be affected and if there is insufficient time for the city council to take formal action on the request. Such designation shall be reported to city council at their next regularly scheduled city council meeting.
(f) Subsection (b) and (c) shall not apply to any designated building owned by or leased to the city which has been rented to a private citizen or group, which has been approved by the parks, community and human 736

(Supp. No. 59)

Page 2 of 2 ends

services commission. In addition, subsections (b) and (c) shall not apply to any designated b uilding owned by or leased to the city which has been rented to a private citizen or group, which has been approved by the city manager or his/her designee upon determining that public convenience would be served, that the public health, safety and welfare would not be affected and if there is insufficient time for the parks, community and human services commission to take formal action on the request. Such designation shall be reported to the parks, community and human services commission at their next regularly scheduled parks, community and human services commission.
(g) This section shall not apply when an individual is in possession of an alcoholic beverage container for the purpose of recycling or other related activity. Furthermore, this section shal l not be deemed to make punishable any act or acts which are prohibited by any law of the state. (h) Any person in violation of this section shall be guilty of an infraction. Alcoholic beverage licensees in violation of subsection (d)(1) and (d)(2) shall also be guilty of an infraction. (i) Public Park. Section 19-1(a)(8) of the Fontana Municipal Code shall not apply to a designated area in a public park under Section 19-3 and Section 17.5 of the Fontana Municipal Code for a permit where the sale of beer and wine is incidental to the purpose of the permit. All permit applicants are still subject to, and must comply with, all applicable federal, state and local regulations for the sale of beer and wine. Any permit application under Section 19-3 and Section 17.5 of the Fontana Municipal Code, where the sale of beer and wine is incidental to the purpose of the permit, must obtain city manager approval. Additionally subsections (b) and (c) of this Section 16 -17 shall not apply to any permit which has been approved by the city manager pursuant to this subsection (i).

(Ord. No. 1174, § 1, 12-19-95; Ord. No. 1277, § 1, 2-2-99; Ord. No. 1347, § 1, 6-5-01; Ord. No. 1652, § 1(Exh. E), 1- 10-12; Ord. No. 1780, § 5, 9-25-18)

737

(Supp. No. 59)

Page 1 of 5 ends

Sec. 17-5. Meetings, demonstrations and parades.
(a) Permit requirements. No person shall conduct a public meeting, assembly, rally, demonstration or parade consisting of 50 or more individuals in or upon a public street, sidewalk, or other public place within the city, or participate in any such function, unless and until a permit to conduct such public meeting, assembly, rally, demonstration or parade has been obtained pursuant to this section 17-5. (b) Application for permit; bond. Any person wishing to conduct a public meeting, assembly, rally, demonstration or parade, consisting of 50 or more individuals in or upon a public street, sidewalk, or other public place within the city, shall apply to the city manager for a permit no fewer than 14 calendar days in advance of the proposed public meeting, assembly, rally, demonstration or parade; provided, however, that any person wishing to conduct a public meeting, assembly, rally, demonstration or parade in or upon a public street within the city shall apply to the city manager for a permit no fewer than 30 90 calendar days in advance of the proposed public meeting, assembly, rally, demonstration or parade if said event requires the closure of any public street within the city. Permit applications shall be made in writing on a special event application form as approved by the city manager requiring the following information and items, all of which shall be required prior to the application being deemed complete:
(1) The name, address and telephone number of the person applying for the permit. If the permit is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized head of such organization. (2) A statement of the nature or purpose of the proposed use, event or activity. (3) The proposed date and the estimated starting and ending time of the proposed use, event or acti vity. (4) The proposed location of any assembly areas, disbanding areas, and route(s) proposed, as well as the detour route(s) proposed for pedestrian and vehicular traffic. (5) The type and estimated number of participants, vehicles, and animals, as app licable. The number of participants in each marching unit shall be given and any sound amplifying equipment proposed for use shall be described.
(6) The proposed location of any booths, stages, or other temporary structures proposed as part of the proposed use, event, or activity including the submittal of plans and other information providing accurate dimensions of all structures, materials and color information, as well as structural and anchoring details.
(7) The proposed location of any electrical equipment to be used, such as amplifiers and lighting equipment, as well as a description of the type and number of such equipment. (8) The proposed location of parking facilities to be used by the event participants. (9) Each permit application and permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the city, its officers, employees and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoev er arising out of, or resulting from the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee's own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the city, its officers, agents or employees, and that permittee shall pay any settlement entered into and shall satisfy and judgment that may be rendered a gainst the city, its officers, agents or employees as a result of the alleged acts or omissions of permittee or permittee's officers, agents or employees in connection with the uses, events or activities under the permit.
738

(Supp. No. 59)

Page 2 of 5 ends

(10) The permit application and permit shall provide that the sponsoring entity agrees to be liable to the city for all city departmental service charges incurred in connection with or due to the permittee's activities under the permit. In calculating the departmental service charges, the permittee shall not be responsible for the costs of protecting the permittee and the public from any hostile response to the permitted activity.
(11) The applicant or sponsoring entity shall provide to the city, in cash, bond (issued by a surety licensed and admitted to conduct surety business within the state) or letter of credit, in an amount determined from the time to time by city council resolution to cover all city departmental service charges incurred in connection with or due to the permittee's activities under the permit. If city property is destroyed or damaged by reason of permittee's use, event or activity, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property. (c) Definitions. As used in this section:

City manager means the City of Fontana City Manager or his or her designee.

Demonstration or rally means any planned assembly or rally consisting of persons, animals or vehicles, or combination thereof, upon any public street, sidewalk or alley or public place.

Parade means any planned or spontaneous march or procession of persons, animals or vehicles, or combination thereof, upon any public street, sidewalk or alley or public place.

Public meeting means any planned or spontaneous assembly consisting of persons, animals or vehicles, or combination thereof, upon any public street, sidewalk, alley or public place. (d) Conditions.
(1) No permit shall be issued for the sole purpose of advertising or displaying products, services, or wares by a business establishment or person.
(2) Events qualifying under the definition of a parade, demonstration or rally shall be limited to a route distance of 1½ miles.
(3) Official entries for such events, i.e., floats, marching bands, VIP vehicles, equestrians, etc., shall not exceed 150 units.
(4) No person shall carry or possess any weapon, nor shall any person use any length of lumber, wood, wood lath, metal or like material or bottles or other objects or materials as a weapon, while on public property or while participating in any parade, demonstration or rally. (e) Exemptions.
(1) Athletic events sponsored by the community services department, i .e., running, walking, bike-a-thons, triathlons, etc. are exempt from the provisions of subsection (d). (2) Exempted from this section 17-5 shall be block party permits, which shall be regulated under an appropriate resolution adopted by the city council and establishing guidelines for such activities. (3) Any funeral processions.
(4) Any special event, community/commercial picnic, celebration, parade, service or exercise, or other organized activity held or conducted within a public park or public facility and regulated pursuant to chapter 19, article I of this Code.
(5) Any co-sponsored events, but only to the extent provided for by city guidelines established for co - sponsorship.
(f) Processing of permits.
739

(Supp. No. 59)

Page 3 of 5 ends

(1) If a complete application is filed after the filing deadline, the city manager shall immediately investigate to determine if he or she has sufficient time to process the application, to investigate the effects of the proposed use, event or activity on traffic and other conditions, and to obtain police services for such permit. The applicant shall have an opportunity to demonstrate that the circumstances giving rise to the proposed use, event or activity did not reasonably allow the participants to file for a permit within the time prescribed and that imposition of the time limitation would unreasonably restrict the right of free speech. If such a demonstration is made, and the city manager makes none of the findings set forth in subsection (f)(3)b., he or she shall issue a permit despite the lack of 14 calendar days' advance application (or, in the case of events requiring 30 90 calendar days' advance notice, despite the lack of 30 90 calendar days).
(2) The permit application shall be considered complete on the date that the information and security required by this section is provided.
(3) The city manager shall issue the permit, conditioned upon the applicant's written agreement to comply with any and all the terms of this section and any conditions imposed on the issuance of the permit, unless he or she finds that:
a. The information contained in the application is false or intentionally misleading or the applicant fails failed to complete the application after having been notified of additional information that is required.
b. The activity will endanger public health, welfare or safety for the reasons set forth herein, and reasonable adjustments to the community traffic control, street and property maintenance, or police, fire, or ambulance protection would not alleviate such danger.

1. An application received prior in time has been approved for the same time and place so close as to cause undue traffic congestion or exceed the ability of the city to provide police and other services for both uses, events or activities.

2. The time, route, or size of the proposed use, event or activity will substantially and unreasonably interrupt the safe and orderly movement of pedestrian or vehicular traffic in contiguous areas or will disrupt the use of streets or rights-of way at a time of usual traffic congestion.

3. The concentration of persons, animals and vehicles, or a combination thereof, for the proposed use, event or activity will prevent proper police, fire or ambulance service to contiguous areas.

4. The proposed use, event or activity is of a size or nature that requires a diversion of so great a number contiguous area that will prevent reasonable police protection to the remainder of the city.

5. The location of the proposed use, event or activity will substantially interfere with construction or maintenance work scheduled upon or along the city streets or rights -of- way or will interfere with a previously granted encroachment permit.

6. The permittee has failed to provide for the services of sufficient monitors to control the orderly conduct of the proposed use, event or activity.

7. The permittee has failed to provide a reasonable means of informing all of the persons participating therein of the terms and conditions so such permit.

8. The proposed use, event or activity will result in harm to persons or property. 740

(Supp. No. 59)

Page 4 of 5 ends

9. The preparation for or the conduct of the proposed use, event or activity will unduly impede, obstruct, or interfere with the city's ability to perform municipal functions or furnish city services in the vicinity of the permit area. (4) When the grounds for denial of an application can be corrected by altering the date, time, duration, route, location, maximum length, speed, stops permitted, accommodation of other traffic and number and types of vehicles, the city manager shall, instead of denying the appl ication, conditionally approve the application subject to such corrections and conditions. The conditions imposed shall provide only for such modification of the applicant's proposal as are reasonably necessary to comply with subsection (f)(3)b.
(5) The city manager shall uniformly consider each application upon its merits, and shall not deny any permit based upon political or religious grounds or reasons. (6) Within 14 calendar days after the filing of the permit application (or, in the case of events requiring 30 90 calendar days, within 30 90 calendar days after the filing of the application) the city manager shall issue or deny the permit, and shall notify the applicant, in writing, of the action taken. Such service shall be made either by personal service, fax, email or first class mail (postage prepaid). In those instances when issuance or denial occurs three days or less before the proposed use, event, or activity the city manager is authorized to use other reasonable means of notification provided t he applicant is provided actual notification.
(7) If the city manager denies the permit, he or she shall set forth the reasons for denial. The city manager's decision shall be final unless appealed.
(8) Any applicant may appeal the final decision of the city manager to the city council. Appeals shall be filed with the city clerk within two calendar days after the applicant is served with written notice of the decision. Except as otherwise provided in 17-5 (f)(3)b.6, failure of any person to receive written notice shall not invalidate same. The city council shall act upon the appeal at the next regularly scheduled city council meeting held more than seven calendar days and less than 14 calendar days after the filing of the appeal. If no such meeting is scheduled, the mayor shall call a special city council meeting to consider and act upon such appeal within 14 calendar days after the filing of such appeal. (9) Expedited judicial review of any decision made by the city council made pursuant to section 17 -5 may be had pursuant to Code of Civil Procedure Section 1094.8. (g) Street closure.
(1) The city manager may authorize the temporary closure of streets or highways for meetings, assemblies, rallies, demonstrations or parades for which a permit has been issu ed pursuant to this section 17-5.
(2) Once authorized pursuant to subsection (g)(1), the chief of police or any on -scene peace officer supervisor may cause the closure of such streets and highways as designated by the city manager, as well as additional streets and highways for if such supervisor deems such additional closure necessary in order to ensure safety of persons or property in the area and the orderly flow of traffic. (h) Interference.
(1) No person shall, without the consent of the permittee, join or participate in any parade, public meeting, rally, demonstration or assembly, or in any manner interfere with its progress or orderly conduct.
(2) Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment. 741

(Supp. No. 59)

Page 5 of 5 ends

(Code 1968, § 16-5; Ord. No. 1472, § 1, 2-1-05; Ord. No. 1503, § 1, 6-27-06; Ord. No. 1543, § 1, 2-26-07) Cross reference(s)—Picnics, parades, etc., in parks, § 19-2; streets and sidewalks, ch. 25.

742

Fontana, California, Code of Ordinances
(Supp. No. 59)

Page 1 of 5 ends

Chapter 19 – PARKS AND COMMUNITY SERVICES

PARKS, COMMUNITY AND HUMAN SERVICES
ARTICLE I. IN GENERAL
Sec. 19-1. Prohibited acts.
(a) No person shall do any of the acts specified in this section within the limits of any publicly maintained park:
(1) Bring or permit therein any horses, goats, cats, fowl, dogs or any other animals, excepting such animals which are brought into any park for purposes of exhibition pursuant to a special permit or in specially designated areas and excepting specially trained guide dogs, signal dogs or service dogs, when such dog accompanies a blind, deaf or physically disabled person. (2) Wound, kill or catch or attempt to wound, kill or catch any bird, fowl, fish or other animal. (3) Indulge in any riotous or offensive conduct as defined in Penal Code § 415 or use vulgar or obscene language as defined in Penal Code § 311.
(4) Make campfires in any other places than in stoves and barbecues provided by the city. (5) Practice, carry on, conduct or solicit for any trade, occupation, business or profession; excepting only upon special permit, when applicable, granted as set forth in section 19 -3. (6) Cut, deface, remove or damage any tree, shrub, plant, wood, turf, rock, sand, gravel or earth or pick any flowers without special permit granted as set forth in section 19-3, when applicable. (7) Play or engage in any game or tournament, except at such places as shall be especially set apart for that purpose, and, when applicable, in accordance with a special permit issued pursua nt to section 19-

3. (8) Have, possess, carry, sell or consume any intoxicating liquor. For the purpose of this subsection, the term "intoxicating liquor" shall be construed to include any spirituous, vinous, malt or mixed liquors containing one-half of one percent by volume of alcohol which are fit for beverage purposes, excepting only upon authorization pursuant to section 16-17.
(9) Park automobiles or other vehicles except at places especially provided or designated for such purposes or leave automobiles or other vehicles with the engine running. (10) Throw or deposit any bottles, tin cans, broken glass, paper, rubbish, refuse or waste material of any kind at any place except in containers for such purposes. (11) Sell or offer for sale any goods merchandise, articles or things whatsoever; excepting only upon special permit granted as set forth in section 19-3.
(12) Drive or operate any motor vehicle in excess of five miles per hour in any park. (13) Swim, fish, wade, bathe in or pollute the waters of any fountain, pond, lake or stream. Wading shall be permitted in the wading pool especially designed for wading purposes. (14) Propel any vehicle, motorcycle or automobile on any footpaths, hiking trails, bike paths or elsewhere than roads or drives provided for such purpose.
743

(Supp. No. 59)

Page 2 of 5 ends

(15) Skateboarding, roller blading, and skating except in designated facilities and areas specially designed for such purpose.
(16) To roller skate or bicycle upon the tennis courts within any public park within the city. (17) To use sound amplifiers or speakers in a park in such a manner that the sound is amplified so as to be audible at a distance of 150 feet or more, unless a special permit is obtained as set forth in section 19 -

3. (18) To post or otherwise affix any bills, notices or other papers upon any tree or structure within such parks, or upon any fence gate or enclosure.
(19) Charge admission or associated fees. This section 19-1(a)(19) shall not apply to Miller Park. (Code 1968, § 19-1; Ord. No. 1086, § 42, 8-17-93; Ord. No. 1364, § 1, 11-20-01) Sec. 19-2. Picnics, parades, etc.

No person, company, society or organization or society shall hold or conduct any picnic, celebration, community/commercial parade, service or exercise consisting of 50 100 people or more in any public park without a special permit granted as provided in section 19-3, and it shall be unlawful for any person to take part in any picnic, celebration, parade, service or exercise held or conducted contrary to the provisions of this section. (Code 1968, § 19-3; Ord. No. 1364, § 1, 11-20-01; Ord. No. 1504, § 1, 6-27-06) Cross reference(s)—Meetings, demonstrations and parades, § 17-5.

Sec. 19-3. Special permits.
(a) Special permits as provided for in this chapter shall be issued only by the community services director in accordance with the criteria and requirements of this section. (b) Authority is also granted by the city council to the community services director to process and approve special permits for banners to be erected across city streets, at designated locations, for holiday de coration and advertisement of nonprofit activities within the community. (c) Reservations for activities in parks and public facilities. The community services director or designee shall be responsible for scheduling and controlling the use of the parks and public facilities, or portions thereof, for the benefits and participation by interested public and private persons and groups. Any person or group desiring to reserve any football field, soccer field, ball field, tennis court, swimming pool, picnic fac ility, or other park facility shall apply for a special permit in accordance with this section. Such application shall be in writing, giving the name of the facility, the proposed use, the date of its proposed use, and the person or group to whom the permit is to be granted. The person or group to whom the special permit is to be granted shall abide by all policies and procedures applicable to the facility proposed to be used.

When an application includes the request for a community/commercial parade to be held upon public rights- of-way, the following information shall also be included in writing:
(1) The type and estimated number of participants, vehicles, animals and floats, as applicable. Each float shall be described in terms of its width, height, power source and speed. The number of participants in each marching unit shall be given and any sound amplifying equipment proposed for use shall be described.
(2) The proposed location of any booths, stages, or other temporary structures proposed as part of the proposed use, event, or activity including the submittal of plans and other information providing 744

(Supp. No. 59)

Page 3 of 5 ends

accurate dimensions of all structures, materials and color information, as well as structural and anchoring details.
(3) The proposed location of any electrical equipment to be used, such as amplifiers and lighting equipment, as well as a description of the type and number of such equipment. (4) The proposed location of parking facilities to be used by the event participants. (5) Each permit application and permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the city, its officers, employees and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee's own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the city, its officers, agents or employees, and that permittee shall pay any settlement entered into and shall satisfy and judgment that may be rendered against the city, its officers, agents or employees as a result of the alleged acts or omissions of permittee or permittee's officers, agents or employees in connection with the uses, events or activities under the permit.

Reservation procedure. Any group or person desiring to use city parks, public facilities, public rights -of-way, or portions thereof, shall request from the community services director or his designee a special permit for the reservation of the same for such use. Persons or groups from within the city shall be given priority over persons or groups from outside the city if a conflict in scheduling arises. Requests for use shall be submitted in writing to the community services department on the facility use or special event application approved by the city manager in accordance with the following deadlines:
(1) For special events: not less than 120 90 calendar days in advance, and not more than six months one year in advance of the proposed use. If the special event also constitutes a public meeting or demonstration as defined in section 17-5, the deadlines set forth in that section shall control. (2) For community/commercial parades: not less than 120 90 calendar days in advance, and not more than six months one year in advance of the proposed use.
(3) For all other organized activities: not less than 14 calendar days in advance, and not more than six months one year in advance of the proposed use.

Upon the written approval by the community services director or designee, the applicant shall pay such application fees as approved by resolution of the city, not less than 30 calendar days in advance of the proposed use for special events or community/commercial parades, or 14 calendar days in advance of all ot her proposed organized activities. The community services director shall either approve, deny or conditionally approve a completed application for a special permit within 30 calendar days of the city's receipt of such application for special events and community/commercial parades, or seven calendar days in advance of all other proposed organized activities.

Conditions. The community services director may impose such reasonable conditions upon the issuance of any special permit as he or she deems necessary for the protection of the public health, safety, and welfare, including conditions related to time, place, frequency, duration, maximum number of persons in attendance, parking restrictions, and placement of apparatus and equipment. Each permit issued pur suant to this section shall provide that permittee will observe all applicable regulations governing the use of city parks.

Insurance. The community services director may also require the applicant to provide such additional liability insurance, security personnel, water sanitary facilities and refuse receptacles as the community services director determines to be necessary for the protection of public health, safety, and welfare in connection with the intended use.
745

(Supp. No. 59)

Page 4 of 5 ends

Fees and deposits. Fees and deposits required in respect to special permits may include, without limitation, such amount as may be determined by resolution of the city, to be necessary to compensate the city, for the administrative costs associated with the special permit, as security for repair of damage to the park, public facilities, or public rights-of-way for the cost of cleanup, and for extra personnel to regulate conduct and traffic.

Clean up and repair expense. The application form shall provide that the applicant shall reimburse the ci ty for all unusual or any extraordinary cleanup and repair expenses and for services provided by the city arising out of the activity authorized by the special permit, unless the event is approved as a co -sponsored event or activity.

Denial, cancellation or termination of permit or reservation. The community services director shall, within 30 calendar days of receipt of an application for a proposed special event or community/commercial parade, and 14 calendar days of receipt of an application for all other organized activities pursuant to this section, deny, cancel, or terminate the special permit and require the immediate vacation of the premises upon finding that any of the following conditions exist:

That the applicant has not given written agreement to comply with all the conditions imposed upon the granting of the special permit.

That the application reveals that the city does not have a park or facility , which that will accommodate the use., or the city has determined that the use, or the intensity or degree of the use contemplated by the application.

That the proposed use is not one which by law must be permitted, and the chief of police or the city has determined that the use, or the intensity or degree of the use contemplated by the application creates security problems which pose a threat or potential threat to the public safety or welfare which cannot be mitigated to an acceptable level by the use of security personnel and facilities reasonabl e available for such purpose; .

That the proposed activity is not a reasonable use in relation to the use of the park by other persons and the effect of such use would be detrimental to the peace of the neighborhood, including the following:

Whether the conduct of the proposed activity will substantially interrupt the safe and orderly movement of persons within the park and near the activity; Whether the conduct of the proposed activity will require the diversion of so great a number of police officers of the city to properly police the activity as to prevent normal police protection to the city; Whether the concentration of persons, animals and/or vehicles at the proposed activity will unduly interfere with proper police and fire protection of areas contiguous to such activity; and Whether the conduct of the proposed activity is reasonably likely to cause injury to persons or property.

That the applicant failed to file the application in a timely manner; .

That the park, public area, or public facility is not available for the requested use at the time specified by the applicant.

That the applicant failed in a material way to comply with the terms and conditions of any prior permit issued to the applicant for use of a park, public area, or public facility, or has failed to pay to the city any fee or cost due in relation to the issuance or exercise of such permit.

When a hazardous condition threatens or reasonably might threaten participants, spectators, city staff, or any person or property is the requested permit were to be issued; .

If a permit applied for is for the purpose of holding a class, course of instruction, or activity for any program not conducted or expressly sponsored or otherwise approved by the city and for which a fee is to be charged to attendees or participants.
746

(Supp. No. 59)

Page 5 of 5 ends

If the community services director is not satisfied as to the reasonableness of the proposed activity in relation to the use of the park by other person, or as to the effect such use might have upon the peace of the neighborhood, and if the community services director and the applicant are unable to agree as to the conditions to be imposed upon the granting of a special permit, the application for a special permit may, at the option of the applicant, be processed in accordance with section 17-5, but without reference to the number of persons required to make section 17-5 applicable.

The community services director's decision to deny, cancel or terminate a special permit shall be delivered to the applicant of such permit within no less than seven calendar days of such decision by mailing a written version of decision, via certified mail, to the applicant; provided however, that in the event that the community services director determined that the public health, safety and welfare so require, verbal notification of any cancellation or termination of a special permit shall be deemed sufficient notice.

Appeal. Any person aggrieved by any act or determination of community services director in the exercise of the authority herein granted shall have the right to appeal to the city council. The appeal shall be in writing, stating the decision appealed from and the reasons for the appeal. That appeal shall be filed with the city clerk within seven calendar days after the occurrence of the act or determination forming the basis for the appeal. The appeal shall be heard by the city council at the first regular council meeting occurring more than 14 calendar days after the filing of the appeal.

Expedite review of any decision of the city council made pursuant to this section may be had pursuant to code of Civil Procedure section 1984.8, subdivision (c). (d) Definitions. As used in this section Chapter:

Community/commercial parade means any planned procession consisting of persons, animals or vehicles, including floats, or combination thereof upon a public street, right -of-way, sidewalk, alley or public space for public benefit by a community or commercial organization.

Community services director means the city community services director or his or her designee.

Other activities means all other organized activities, including but not limited to, picnics, celebrations, service or exercise, that are not otherwise included within the definition of special event or community/commercial parade.

Park or public facility means any park, public building, sidewalk, public right-of-way, easement or other publicly owned space within the city.

Special event means any planned event consisting of 50 100 or more persons, animals or vehicles, or combination thereof, upon any park, public building, sidewalk, public right -of-way, easement or other publicly owned space within the city being held to provide public benefit through recreation, service or entertainment based activities. If the special event also constitutes a public meeting or demonstration as defined in section 17 -5, the provisions of that section shall control.
(Code 1968, § 19-4; Ord. No. 1364, § 1, 11-20-01; Ord. No. 1505, § 1, 6-27-06) Cross reference(s)—Advertising and signs, ch. 3.

Sec. 19-4. Loitering at public toilets.

No person in a park shall loiter at or about any toilet facility open to the public. (Code 1968, § 19-5)

747

(Supp. No. 59)

Page 1 of 1 ends

Sec. 19-35. Duties.

The duties of the parks, community and human services commission shall be to:
(1) Act in an advisory capacity to the city council and city staff in matters pertaining to the acquisition, development, and maintenance of public parks and recreational facilities, and related projects at the specific request of the city council.
(2) Advise the city council and city staff on the needs and concerns of citizens of all ages, religions, races, ethnic backgrounds, economic, and social circumstances. (3) Advise city staff in the planning and operation of parks and recreational, cultural, multi -cultural, health and fitness, nutrition, transportation, resource referral and senior services and programs for the residents of the city.
(4) Promote and stimulate interest in parks and recreational, cultural, multi-cultural, health and fitness, nutrition, transportation, resource referral and senior services that enhance the health and quality of life for residents, and obtain the greatest possible cooperation and participation of the citizens and public and private agencies in such programs.
(5) Facilitate surveys and research and provide insight to advise the community services director and public works director regarding trends, innovations, and community interest or concern as it relates to recreational, cultural, multicultural, senior, nutrition, transportation, resource referral and/or health and fitness programming, and/or public park and recreational facilities. (6) Promote and support, on a city-wide basis, the work of community agencies, social organizations, and special interest groups which support parks, recreation, and other community services. (7) Encourage and support the city's relationships with school districts and other public agencies to maximize the recreational use of school facilities, collaborative programming, mutual resources, an d other public resources.
(8) Cooperate with other city commissions and committees in receiving and evaluating matters pertaining to parks, recreation, and community services.
(9) Review programs and services provided by the community services and public works departments, and advise and make recommendations to city staff.
(10) Reserved. Advise the community services director and public works director in the preparation of the annual budget and long-range park and recreation facilities capital improvement budget. (11) Reserved. Consider and advise staff regarding fees and charges to be made for recreation, community services, and senior service programs and for the use of public facilities including parks, fields, playgrounds, and special use facilities.
(12) Advise and recommend for consideration general policies with respect to the community services and public works departments.
(13) Make periodic visits and assessments of public recreation facilities, programs, and activities. (Code 1968, § 19-11; Ord. No. 1086, § 43, 8-17-93; Ord. No. 1364, § 1, 11-20-01; Ord. No. 1652, § 1(Exh. F), 1-10- 12; Ord. No. 1780, § 6, 9-25-18)

748
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0127 Agenda Date: 3/25/2025
Agenda #: B. Category: New Business
Commission Applications
Tuesday, March 25, 2025
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 3/17/2025Page 1 of 1
powered by Legistar™
749
Docusign Envelope ID: DCA58246-946E-4F33-9C73-83C56BBF39EB 24750
Docusign Envelope ID: DCA58246-946E-4F33-9C73-83C56BBF39EB 25751
Docusign Envelope ID: DCA58246-946E-4F33-9C73-83C56BBF39EB 26752
Docusign Envelope ID: DCA58246-946E-4F33-9C73-83C56BBF39EB 27753
Docusign Envelope ID: DCA58246-946E-4F33-9C73-83C56BBF39EB 28754
Docusign Envelope ID: DCA58246-946E-4F33-9C73-83C56BBF39EB 29755
Docusign Envelope ID: DCA58246-946E-4F33-9C73-83C56BBF39EB 30756
Docusign Envelope ID: DCA58246-946E-4F33-9C73-83C56BBF39EB 31757
Docusign Envelope ID: DCA58246-946E-4F33-9C73-83C56BBF39EB 32758
Docusign Envelope ID: DCA58246-946E-4F33-9C73-83C56BBF39EB Managing Member
[email protected]
01/17/2025 | 9:24 AM PST
Troy Lindstrom
33759
Docusign Envelope ID: DCA58246-946E-4F33-9C73-83C56BBF39EB 01/17/2025 | 9:24 AM PST
Managing Member Troy Lindstrom
34760
Certificate Of Completion
Envelope Id: DCA58246-946E-4F33-9C73-83C56BBF39EB
Status: Completed
Subject: Complete with Docusign: Signed_Agreement_-_11109_Jasmine.pdf Document Type:

Source Envelope:

Document Pages: 11
Signatures: 2
Envelope Originator:

Certificate Pages: 5
Initials: 12
Jay Verde
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
110 E. 59th Street
New York, NY 10022
[email protected]
IP Address: 66.215.181.49
Record Tracking
Status: Original
01/17/2025 | 09:09
Holder: Jay Verde
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Troy Lindstrom
[email protected]
Managing Member
Security Level: Email, Account Authentication
(None)

Signature Adoption: Drawn on Device
Using IP Address: 68.8.151.39
Sent: 01/17/2025 | 09:19
Viewed: 01/17/2025 | 09:22
Signed: 01/17/2025 | 09:24
Electronic Record and Signature Disclosure:

Accepted: 01/17/2025 | 09:22
ID: 93570cb0-0c1b-434d-a430-3071f21063f4
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Mark Kegans
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 01/17/2025 | 09:19
Viewed: 01/17/2025 | 09:27
Electronic Record and Signature Disclosure:

Accepted: 09/15/2023 | 15:39
ID: 52d347a6-ab11-4c30-9e2c-0b0e5c3e17f3
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
01/17/2025 | 09:19
Certified Delivered
Security Checked
01/17/2025 | 09:22
Signing Complete
Security Checked
01/17/2025 | 09:24
Completed
Security Checked
01/17/2025 | 09:24
35761
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
36762

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Cantor Fitzgerald & Co. (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 04/12/2022 | 06:32 Parties agreed to: Troy Lindstrom, Mark Kegans
37763
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Cantor Fitzgerald & Co.:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected]

To advise Cantor Fitzgerald & Co. of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Cantor Fitzgerald & Co.

To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Cantor Fitzgerald & Co.

To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
38764
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify Cantor Fitzgerald & Co. as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Cantor Fitzgerald & Co. during the course of your relationship with Cantor Fitzgerald & Co..
39765

Fontana City CouncilMarch 25, 2025

Fontana City Council
March 25, 2025