Agenda packet — Fontana City Council, December 9, 2025 (part 4 of 4)

totaling 56.1 acres, from Residential Planned Community (R-PC) to Multi-Family Medium/High Density Residential (R-4) and a corresponding General Plan land use amendment from R-PC to R-MFMH. No development action is proposed on the Upzone Properties at this time.

The Residential Development Site is proposed to be a gated community with ingress and egress off Knox Avenue and Walnut Street. The entries would lead to the recreational and common areas located throughout the Project. The proposed amenities would include a recreational center with a pool, spa, barbeque and lounging areas. The Project proposes a park on the northeastern edge of the Residential Project Site, large open grass areas, including one such area adjacent to the northern boundary of the site, shaded sitting areas, play areas, and a paseo with playground equipment Location: The Residential Development Site is located between South Highland Avenue and Walnut Street, approximately 700 feet south of Interstate 210 in the City of Fontana, San Bernardino County, California. The Residential Development Site (34.131003, - 117.461867) is comprised of 35 parcels of land including Assessor’s Parcel Numbers (APNs) 0228-051-01, 0228-051-14 through -17, 0228-051-19 through -21, 0228-052-01, 0228-052-25 through -27, 0228-061-02 through -14, 0228-061-16 through -18, 0228-061- 20 through -25, and 0228-331-05.

The Upzone Properties (APNs 0194-391-20 and 0256-131-16) are located in the southeastern corner of the City of Fontana. These properties are bounded by Jurupa Avenue to the north, Locust Avenue to the east, existing unimproved roads and the Jurupa Hills to the south, and single-family residential uses to the west. The Upzone Properties are bisected by an unpaved segment of Alder Avenue.

Timeframe: Anticipated 26-month period.

COMMENTS AND RECOMMENDATIONS
CDFW offers the comments and recommendations below to assist the City of Fontana in adequately identifying and/or mitigating the Project’s significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources.

COMMENT 1: Burrowing Owl (Athene cunicularia)
IS/MND Section 5.4.1, Page 5-33
Issue: CDFW is concerned that the MND does not sufficiently identify Project impacts to burrowing owl (BUOW), a candidate species under the California Endangered Species Act (CESA), nor does it ensure that impacts are mitigated to a level less than significant. The Project site has the potential to provide suitable foraging and/or nesting habitat for burrowing owl and thus, project activities may result in the take of the species as defined in Fish and Game Code section 86.

Specific impact: CDFW agrees with the MND analysis that burrowing owl has a high potential for occurring on the Project site. However, CDFW is concerned that the single reconnaissance survey on October 5, 2023, between 7:35 – 9:45 am, did not adequately account for potential burrowing owl on site and that the survey is outdated to reflect current potential occupancy. A focused survey for the species following a CDFW approved guideline, or similar approach, was not conducted.

Additionally, as noted in the MND and Biological Technical Report, because of burrowing owls’ high mobility, their occupancy at a site can vary annually. Burrowing owls have a high potential to move into disturbed areas prior to and during construction activities. Burrowing owls frequently move into disturbed areas since they are adaptive 756
Alexia Barberena, Associate Planner
City of Fontana
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to highly modified habitats.
2,3 Project activities could result in the take of burrowing owls, their nests or eggs or could destroy their nesting, foraging, or over-wintering habitat thereby impacting burrowing owl populations. These specific project activities include vegetation removal, existing structure removal, grading, soil compaction, heavy equipment use, and trenching. As noted in the MND, Indirect impacts to BUOW may also occur due to increased human activity, noise, dust, nighttime lighting, and ground vibrations.

Lastly, CDFW is concerned that the current Mitigation Measure BIO-1 (MM Bio-1) would not adequately reduce impacts to BUOW to less than significant, given their new status as candidate species under CESA. Because of the lack of surrounding burrowing owl habitat immediately adjacent to the Residential Development Site, and the high-density project activities that are anticipated to occur on site, BUOW features may not be avoidable enough fully avoid take.

Why impact would occur: According to the Project’s Biological Technical Report, focused burrowing owl surveys were not conducted on the Project site. Burrowing owls have been known to use highly degraded and marginal habitat where existing burrows are available. As noted in the Biological Technical Report, burrowing owls are welladapted to open, relatively flat expanses and vacant lots and prefer habitats with generally short sparse vegetation with few shrubs such as those occurring on the Project site. If BUOW burrows are not properly detected (during both the breeding and non-breeding season), prior to ground disturbance, site preparation, grading, and other Project Activities could destroy habitat and result in the take of burrowing owl.

Occupied site or occupancy means a site that is assumed occupied if at least one burrowing owl has been observed occupying a burrow within the last three years.

Occupancy of suitable burrowing owl habitat may also be indicated by owl sign including its molted feathers, cast pellets, prey remains, eggshell fragments, or excrement at or near a burrow entrance or perch site.

Evidence impact would be significant: On October 10, 2024, the California Fish and Game Commission accepted a petition to list Western Burrowing Owl as endangered under CESA, determining the listing “may be warranted” and advancing the species to the candidacy stage of the CESA listing process. As a candidate species, Western Burrowing Owl is granted full protection of a threatened species under CESA. If Project activities could result in take, appropriate CESA authorization (i.e., Incidental Take Permit under Fish and Game Code section 2081) should be obtained prior to commencement of Project activities. Take of any endangered, threatened, or candidate species that results from the Project is prohibited, except as authorized by State law (Fish & G. Code, §§ 86, 2062, 2067, 2068, 2080, 2085; Cal. Code Regs., tit. 14, § 786.9). Take of individual burrowing owls and their nests is defined by Fish and Game Code section 86, and prohibited by sections 3503, 3503.5 and 3513. Inadequate avoidance, minimization, and mitigation measures for impacts to sensitive or special status species could result in the Project having a substantial adverse direct, indirect, and cumulative effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species by CDFW.

Recommended Potentially Feasible Mitigation Measure to reduce impacts to less than significant: CDFW recommends that prior to commencing Project, focused and preconstruction surveys for burrowing owl be conducted by a qualified biologist in accordance with the Staff Report on Burrowing Owl Mitigation. 4 If burrowing owls are found
to occupy the Project site and avoidance is not possible, it is important to note that according to the 2012 Staff Report, passive relocation (also known as exclusion) is not a take avoidance, minimization, or mitigation method and is considered a potentially significant impact under CEQA. Because appropriate focused surveys were not conducted prior to circulation of the MND, the MND may not adequately identify potentially significant 2 Chipman, E. D., N. E. McIntyre, R. E. Strauss, M. C. Wallace, J. D. Ray, and C. W. Boal. 2008. Effects of human land use on western burrowing owl foraging and activity budgets. Journal of Raptor Research 42(2): 87-98. 3 Coulombe, H. N. 1971. Behavior and population ecology of the Burrowing Owl, Speotyto cunicularia, in the Imperial Valley of California. Condor 73:162–176
4 California Department of Fish and Game (2012). Staff report on burrowing owl mitigation. State of California, Natural Resources Agency. Available for download at:https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83843&inline=true 757
Alexia Barberena, Associate Planner
City of Fontana
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impacts. CDFW recommends the IS/MND be revised and recirculated following completion of surveys so that results and appropriate specific avoidance and minimization measures can be included, to ensure that impacts to burrowing owls are reduced to less than significant. However, if the City chooses not to follow this path, CDFW recommends the following revisions to MM-BIO-1 (edits are in strikethrough and bold) to ensure an adequate assessment is completed and CESA authorization is obtained, if needed.

Mitigation Measure BIO-1/Both sites:

Suitable burrowing owl habitat has been confirmed on the site; therefore, focused burrowing owl surveys shall be conducted by a qualified biologist in accordance with the Staff Report on Burrowing Owl Mitigation (2012 or most recent version) prior to vegetation removal or ground-disturbing activities for all phases of Project construction. The Designated Biologist shall provide CDFW a GIS or KMZ map of BUOW burrow complex(es) and atypical burrows (e.g. culverts, buckled concrete, etc.) The map shall be at a scale of 1:24,000 or finer to show details and shall show locations of all BUOW sightings and labeled if sightings were potential burrows, occupied burrows, satellite burrows, areas of concentrated burrows, and BUOW sign. Locations documented by use of GPS coordinates must be collected in NAD83 datum. The map shall include an outline of the Project Area. The map shall include a title, north arrow, scale bar, and legend.

Preconstruction surveys for burrowing owl shall be conducted prior to vegetation clearing or grading of the Residential Development Site and Upzone Properties. Two surveys are required and shall follow the methods described in the California Department of Fish and Wildlife (CDFW’s) Staff Report on Burrowing Owl Mitigation.

The first survey shall be conducted between 30 and 14 days before initial ground disturbance (grading, grubbing, and construction), and the second survey shall be conducted no more than 24 hours prior to initial ground disturbance. If burrowing owls and/or suitable burrowing owl burrows are identified on the Residential Development Site or Upzone Properties during the survey, the project Applicant(s) shall consult with CDFW and follow the methods listed in the CDFW’s Staff Report on Burrowing Owl Mitigation for avoidance and/or passive relocation.

If burrowing owl occupancy is confirmed, and if Project activities may impact burrowing owl, including burrow exclusion and closure, the Project Proponent shall begin early coordination with CDFW for appropriate CESA authorization (i.e., Incidental Take Permit (ITP) under Fish and Game Code section 2081) prior to commencement of Project activities. The ITP application shall describe, at a minimum, project activities and equipment, proposed avoidance/buffers, temporary and permanent impacts, monitoring, relocation and/or translocation, and minimization and compensatory mitigation actions. ITP compensatory mitigation will be fulfilled by one or more of following options: 1) Permitteeresponsible mitigation land acquisition or 2) Conservation or Mitigation Bank credits (if available).

If burrowing owls or suitable burrowing owl burrows with sign (e.g., whitewash, pellets, feathers, prey remains) are identified on the Residential Development Site or Upzone Properties during the survey(s), these features must be completely avoided. If impacts to those features are unavoidable, then the project Applicant(s) must develop a burrowing owl mitigation plan in consultation with CDFW. Mitigation methods may include passive relocation conducted outside of the owl breeding season (between September 1 and February 28). If an active owl burrow is identified, and construction is to proceed, then a qualified biologist (with two or more years of burrowing owl experience) must establish an initial disturbance-limit buffer of 500 feet around the burrow using flagging or staking. The buffer distance may be reduced in coordination with CDFW depending on time of year (i.e., in or out of breeding season), level of construction activity, and observed behavior of the burrowing owls. Construction activities shall not occur within any buffer zones until the burrow is deemed inactive by 758
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City of Fontana
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the qualified biologist. This measure shall be implemented to the satisfaction of the City of Fontana Community Development Director or designee.

COMMENT 2: Crotch’s Bumble Bee (Bombus crotchii)
IS/MND Section 5.4.1, Page 5-33
Issue: CDFW is concerned that the MND did not sufficiently identify potential Project impacts to Crotch’s bumble bee and did not provide appropriate measures to fully mitigate impacts to less than significant. The Project has the potential to result in take of Crotch’s bumble bee and has the potential to cause permanent or temporary loss of Crotch’s bumble bee habitat.

Specific impact: The MND and Biological Technical Report note that the species has a low potential to occur on the Residential Development Site but does state that the site contains suitable friable soils, suitable burrow habitat, suitable burrows, and nectar sources found within and adjacent to the Project Area. CDFW is concerned that the Biological Technical Report’s assumptions for low occurrence without a proper timing Reconnaissance survey (Oct 5, 2023) and overall lack of focused surveys for the species, has improperly identified the site as having low potential for occurrence.

Why impact would occur: Crotch’s bumble bee occurs primarily in California, including the Mediterranean region, Pacific Coast, Western Desert, Great Valley and adjacent to foothills through most of southwestern California. 5 Crotch’s bumble bee are
generalist foragers and have been reported visiting a wide variety of flower plants. The plant families most commonly associated with Crotch’s bumble bee observations or collections from California include Fabaceae, Apocynaceae, Asteraceae, Lamiaceae, Boraginaceae and Asclepiadaceae. This is not a comprehensive list, and the species has been observed foraging and utilizing areas with high levels of disturbance and nonnative plant species. Ground disturbance (e.g., trenching, grading, soil compaction, and earth-moving activities) and vegetation removal have the potential to destroy Crotch’s bumble bee burrows. Additionally, these activities create elevated levels of noise, human activity, dust, ground vibrations, and vegetation disturbance Evidence impact would be significant: Crotch’s bumble bee is a candidate species for listing under CESA; therefore, it receives the same legal protection afforded to endangered or threatened species under CESA pursuant to Fish & G. Code §§ 2074.2 & 2085. If found on-site, the Project could result in crushing or killing Crotch’s bumble bees, reduction in sufficient food resources such as nectar and pollen, and/or removal of nesting and overwintering sites. Many bumble bee species, once common in the western United States, have undergone a dramatic decline in both distribution and abundance and are now extirpated from much of their historic ranges. 6 Many bumble
bees are threatened with extinction due primarily to reductions in habitat from urbanization, intensive agriculture, and invasive species introductions7. If Crotch’s bumble bee occurs at the Project site and Project impacts to Crotch’s bumble bee occur, this could result in a substantial reduction in the species’ population, which could be a significant impact.

Recommended Potentially Feasible Mitigation Measure to reduce impacts to less than significant: CDFW recommends the following revisions to MM-BIO-2 (edits are in strikethrough and bold) to ensure an adequate assessment is completed and CESA authorization is obtained, if needed.

Mitigation Measure BIO-2/Residential Development Site onlyBoth Sites:
5 Williams, P. H., et al. 2014. The Bumble Bees of North America: An Identification Guide. Princeton University Press, Princeton
6 Hatfield, R., Jepsen, S., Foltz Jordan, S., Blackburn, M., Code, Aimee. 2018. A Petition to the State of California Fish and Game Commission to List Four Species of Bumblebees as Endangered Species. 7 ibid
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City of Fontana
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If the Crotch bumble bee is no longer a Candidate or formally Listed species under the California Endangered Species Act (ESA) at the time ground-disturbing activities occur, then no additional protection measures are proposed for the species. Furthermore, if grading and all other initial ground disturbance are restricted to the period of September-January, no survey or other measure for this species is required.

If the Crotch bumble bee is legally protected under the California ESA as a Candidate or Listed species at the time clearing of vegetation or grading are scheduled to begin, and if vegetation clearing or initial grading is to occur during the period of FebruaryMarch (the queen flight season) or April-August (the colony active period), a preconstruction survey for Crotch bumble bee at both sites shall be conducted in accordance with California Department of Fish and Wildlife (CDFW’s) Survey Considerations for California ESA Candidate Bumble Bee Species. The survey shall be conducted prior to ground disturbance and within the same queen flight season or colony active period in which the ground disturbance is to occur. The survey shall consist of a minimum of three survey visits, each at least two weeks apart. The survey shall be completed by a biologist who holds a Memorandum of Understanding to capture and handle Crotch bumble bee (if a netting and chilling protocol is to be utilized) or by a CDFW-approved biologist experienced in identifying native bumble bee species (if surveys are restricted to visual surveys with photo documentation for species verification).

If Crotch bumble bee is detected, the biologist shall conduct a bumble bee nesting survey in accordance with CDFW’s Survey Considerations for California ESA Candidate Bumble Bee Species. If an active Crotch bumble bee nest is detected, the biologist shall establish a 50-foot no-disturbance buffer (including foraging resources and flight corridors essential for supporting the colony) around the nest, which may be adjusted at the direction of the approved biologist in coordination with CDFW based on behavior of the bees and their ability to continue foraging, to reduce the risk of disturbance or accidental take. If an active Crotch bumble bee nest is detected, the biologist shall also coordinate with CDFW to determine if an Incidental Take Permit under Section 2081 of the California ESA would be required. The nest avoidance buffer may be removed at the completion of the colony active period or once the biologist deems the nesting colony is no longer active and CDFW has provided concurrence of that determination.

If no nest is found but the species is present, a full-time biological monitor with the qualifications described above or otherwise approved by CDFW shall be present during ground disturbing activities that occur during the queen flight period or colony active period. Because bumble bees move nest sites each year, this measure shall be implemented during each subsequent year of construction, regardless of the previous year’s findings, whenever ground disturbing activities are to occur and nesting and foraging habitat are still present. This measure shall be implemented to the satisfaction of the City of Fontana Community Development Director or designee.

COMMENT 3: Artificial Nighttime Light
Section 2.3, Page 2-7 – 2-10
Issue: The MND’s Project Description, Section 2, describes that lighting installation will be included in Project Activities. However, CDFW is concerned that the MND and Biological Technical Report do not analyze the impacts of artificial light on biological resources and includes no mitigation measures to reduce potential impacts to less than significant.

Specific impact: The proposed Project will result in new sources of artificial nighttime lighting. Impacts to biological resources resulting from the use of temporary artificial nighttime lighting during construction and permanent installation of artificial lighting are not analyzed, and no mitigation measures are proposed. Designs for temporary lighting to be used during Project Activities should be included in a revised MND, along with details of the permanent artificial nighttime lighting to be used post-construction. The 760
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City of Fontana
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direct and indirect impacts of temporary and permanent artificial nighttime lighting on biological resources, including migratory birds that fly at night, bats, and other nocturnal and crepuscular wildlife, should be analyzed, and appropriate avoidance and minimization measures to reduce impacts to less than significant should be included in a revised MND.

Evidence impact would be significant: Artificial nighttime lighting often results in light pollution, which has the potential to significantly and adversely affect fish and wildlife.

Artificial lighting alters ecological processes including, but not limited to, the temporal niches of species; the repair and recovery of physiological function; the measurement of time through interference with the detection of circadian and lunar and seasonal cycles; the detection of resources and natural enemies; and navigation. 8 Many species
use photoperiod cues for communication (e.g., bird song9), determining when to begin foraging,
10 behavior thermoregulation,11 and migration.12 Phototaxis, a phenomenon which results in attraction and movement towards light, can disorient, entrap, and temporarily blind wildlife species that experience it.
13 Conversely, other species may
have reduced foraging success or reduced nighttime activity in artificially illuminated environments.
14 Recommended Potentially Feasible Mitigation Measure: Because of the potential for artificial nighttime light to negatively impact wildlife, CDFW recommends the MND be revised to include direct and indirect impacts of temporary artificial nighttime lighting proposed for construction and direct, indirect, and cumulative impacts of permanent installation of artificial nighttime lighting. The MND should also include specific avoidance and minimization measures to ensure that impacts to wildlife are reduced to less than significant. Absent an analysis, CDFW recommends the City include the following mitigation measure in a revised MND:

MM BIO-[3]: Artificial Nighttime Light
During Project construction and the lifetime operations of the Project, the City and Project proponent shall eliminate all nonessential lighting throughout the Project area and avoid or limit the use of artificial light at night during the hours of dawn and dusk when many wildlife species are most active. The City and Project proponent shall ensure that temporary lighting for Project activities is shielded, cast downward and directed away from surrounding open-space and agricultural areas, reduced in intensity to the greatest extent possible, and does not result in lighting trespass including glare into surrounding areas or upward into the night sky (see the International Dark-Sky Association standards at http://darksky.org/). The City and Project proponent shall ensure use of LED lighting with a correlated color temperature of 3,000 Kelvins or less, proper disposal of hazardous waste, and recycling of lighting that contains toxic compounds with a qualified recycler.

ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e).) Accordingly, please report any special status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB 8 Gatson, K. J., Bennie, J., Davies, T., Hopkins, J. 2013. The ecological impacts of nighttime light pollution: a mechanistic appraisal.

Biological Reviews
9 Miller, M. W. 2006. Apparent effects of light pollution on singing behavior of American robins. The Condor 108:130–139
10 Stone, E. L., G. Jones, and S. Harris. 2009. Street lighting disturbs commuting bats. Current Biology 19:1123–1127. Elsevier Ltd. 11 Beiswenger, R. E. 1977. Diet patterns of aggregative behavior in tadpoles of Bufo americanus, in relation to light and temperature.

Ecology 58:98–108.
12 Longcore, T., and C. Rich. 2004. Ecological light pollution – Review. Frontiers in Ecology and the Environment 2:191–198. 13 Longcore, T., and C. Rich. 2004. Ecological light pollution 14 Gatson, K. J., Bennie, J., Davies, T., Hopkins, J. 2013. The ecological impacts of nighttime light pollution 761
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City of Fontana
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field survey form can be filled out and submitted online at the following link:
https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The types of information reported to CNDDB can be found at the following link: https://www.wildlife.ca.gov/Data/CNDDB/Plantsand-Animals.

ENVIRONMENTAL DOCUMENT FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying project approval to be operative, vested, and final. (Cal.

Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089.)

CONCLUSION
CDFW appreciates the opportunity to comment on the MND to assist the City of Fontana in identifying and mitigating Project impacts on biological resources.

Questions regarding this letter or further coordination should be directed to Amelia Viera, Environmental Scientist at (909) 544-2528 or [email protected].

Sincerely,
Kim Freeburn
Environmental Program Manager
ec: Eric Kawamura-Chan
Senior Environmental Scientist, Supervisor
[email protected]
Office of Planning and Research
State Clearing House, Sacramento
[email protected]
Attachments
Attachment A: MMRP for CDFW – Proposed Mitigation Measures 762
Planning Commission Meeting of 11/18/2025
Public Comment for PH-B
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NOTICE OF PUBLIC HEARING
In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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

Master Case No. 24-0060, General Plan Amendment (GPA) No. 24-0004, Zone District Map Amendment (ZCA) No. 24-0004, Tentative Tract Map (TTM) No. 24-0009 (TTM No. 20712), Conditional Use Permit (CUP) No. 24- 0023, and Design Review (DRP) No. 24-0031: A request to amend the General Plan land use designation from Multi-Family Medium/High Residential (R-MFMH) to Multi-Family Residential (R-MF) and a Zoning District Map amendment to amend the zoning from Multi-Family Medium/High Density Residential (R-4) to Multi-Family Residential (R-3), a Tentative Tract Map to create a condominium map, a Conditional Use Permit to establish a Planned Unit Development (PUD), and a Design Review to review the architecture, site design and associated improvements for a new 393 multi-family unit development with site improvements, on approximately 31.0 gross acres. The proposed residential units would consist of two-story cluster homes, motor court homes, and townhomes.

The unit mix would consist of 103 detached cluster units, 113 detached motor court units, and 177 attached townhomes. The residential development site would also include 786 garage parking spaces, 113 private driveway spaces, and 113 guest parking spaces.
770
Environmental
Determination:

Pursuant to Section No. 15070 of the
California Environmental Act (CEQA)
and pursuant to Section No. 6.04 of
the 2019 Local Guidelines for
Implementing CEQA an Initial Study
(IS), Mitigated Negative Declaration
(MND), and Mitigation Monitoring and
Reporting Program has been
prepared for this project.

Location of
Property:

The Project Site is located south of South Highland Avenue, west of Almeria Avenue, north of Walnut Avenue, and at the terminus of Knox Avenue (APNs: 0228-051-01, -14, -15, -16, -17, - 19, -20, and -21; 0228-052-01, -25, -26, and -27, 0228-061-02 through -14, -16, -17, -18, -20 through -25, and 0228-311-05.)
Date of Hearing: December 9, 2025
Place of
Hearing:

City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 2:00 p.m.

The Initial Study and Mitigated Negative Declaration is available for public review at the Planning Department counter and on the City of Fontana’s website,
https://fonopengislayers.fontana.org/WebLink/Browse.aspx?id=1824790&dbid=0&repo=FontanaRecords Should you have any questions concerning this project, please contact Alexia Barberena, Associate Planner, at (909) 350- 6568 or at [email protected].

ANY INTERESTED PARTY MAY APPEAR AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION IN THE PLANNING DEPARTMENT, CITY HALL.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM, YOU MAY BE

LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING

DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

Publish: November 28, 2025
AVISO DE AUDIENCIA PÚBLICA
En cumplimiento con la Sección No. 202 de la Acta de Americanos con Discapacidades de 1990 (42 USC Sec. 12132) y las reglas y regulaciones federales adoptadas en la implementación de esta, la agenda de esta audiencia estará disponible en formatos alternativos apropiados para las personas con una discapacidad. Si necesita asistencia especial para participar en esta audiencia, comuníquese con el Departamento de la Secretaria Municipal llamando al (909) 350 -7602. La notificación deberá realizarse 48 horas antes de la audiencia para permitir que la Ciudad haga arreglos razonables para garantizar la accesibilidad a esta audiencia.

SE HA PROGRAMADO UNA AUDIENCIA PÚBLICA ANTE EL CONCEJO MUNICIPAL DE LA CIUDAD DE FONTANA PARA LO SIGUIENTE:

MCN No. 24-0060; GPA No. 24-0004; ZCA No. 24-0004; TTM No. 24-0009 (20712); CUP No. 24-0023; and DRP No. 24-0031
Una solicitud para modificar la designación de uso de suelo del Plan General de Residencial Multifamiliar 771
Medio/Alto (R-MFMH) a Residencial Multifamiliar (R-MF) y una enmienda al Mapa del Distrito de Zonificación para modificar la zonificación de Residencial de Densidad Media/Alta Multifamiliar (R-4) a Residencial Multifamiliar (R-3), un Mapa de Lotes Tentativo (Tentative Tract Map - TTM) para crear un mapa de condominios, un Permiso de Uso Condicional (Conditional Use Permit - CUP) para establecer un Desarrollo de Unidad Planificada (Planned Unit Development - PUD), y una Revisión de Diseño (Design Review - DRP) para revisar la arquitectura, el diseño del sitio y las mejoras asociadas para un nuevo desarrollo de 393 unidades multifamiliares con mejoras del sitio, en aproximadamente 31.0 acres. Las unidades residenciales propuestas consistirían en casas agrupadas de dos pisos (cluster homes), casas con patio para vehículos (motor court homes), y casas adosadas (townhomes). La mezcla de unidades consistiría en 103 unidades agrupadas separadas (detached cluster units), 113 unidades separadas con patio para vehículos (detached motor court units), y 177 casas adosadas adjuntas (attached townhomes). El sitio de desarrollo residencial también incluiría 786 plazas de aparcamiento en garaje, 113 plazas privadas en la entrada (driveway spaces), y 113 plazas de aparcamiento para visitantes.

Determinacion Ambiental: De conformidad con la Sección No. 15070 de la Ley Ambiental de California (CEQA) y de conformidad con la Sección No. 6.04 de las Directrices Locales de 2019 para la Implementación de CEQA, se ha preparado un Estudio Inicial (EI) (Initial Study - IS), una Declaración Negativa Mitigada (DNM) (Mitigated Negative Declaration - MND), y un Programa de Monitoreo y Presentación de Informes de Mitigación (PMPIM) (Mitigation Monitoring and Reporting Program) para este proyecto.

Ubicación de la Propiedad : El Sitio del proyecto está ubicado al sur de South Highland Avenue, al oeste de Almeria Avenue, al norte de Walnut Avenue, y en el final (o término) de Knox Avenue (APNs: 0228-051-01, -14, - 15, -16, -17, -19, -20, and -21; 0228-052-01, -25, -26, and -27, 0228-061-02 through -14, -16, -17, -18, -20 through -25, and 0228-311-05.)
Fecha de Audiencia: 9 de diciembre de 2025
Lugar de Audiencia: Ayuntamiento de la Ciudad de Fontana, 8353 Sierra Avenue, Fontana, CA 92335 Hora de Audiencia: 2:00 p.m.

El Estudio Inicial y la Declaración Negativa Mitigada están disponibles para revisión pública en el mostrador del Departamento de Planificación y en el sitio web de la Ciudad de Fontana:
https://fonopengislayers.fontana.org/WebLink/Browse.aspx?id=1824790&dbid=0&repo=FontanaRecords Si tiene alguna pregunta sobre este proyecto, comuníquese al (909) 350-6728 o por correo electrónico al [email protected].

Cualquier persona o grupo interesado en aportar información lo puede hacer mediante una carta o correo electrónico dirigido a El Consejo Municipal al [email protected]. La solicitud y la documentación Ambiental esta disponible para inspección en las Oficinas de Ayuntamiento de la Ciudad de Fontana.

Si usted contradice ante el tribunal cualquier acción tomada con respecto a un tema de la Audiencia Pública, usted puede estar limitado a plantear solamente aquellas cuestiones que usted o alguien mas planteo en la Audiencia Publica mencionada en este aviso o por correspondencia escrita a la Ciudad de Fontana antes de la fecha de la Audiencia establecida en este aviso.
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 25-0693 Agenda Date: 12/9/2025
Agenda #: D. Category: Public Hearing
FROM:

Engineering
SUBJECT:

Master Case No. (MCN) 25-0082: General Plan Amendment (GPA) No. 25-0001 and Municipal Code Amendment (MCA) No. 25-0012: General Plan Amendment to modify the Community Mobility and Circulation Element to incorporate the updated truck route map and modify existing policies and actions, as well as add new policies and actions under Goals 2 and 7 of the Circulation Element to meet the requirements of Assembly Bill 98; Fontana Municipal Code amendments to Chapter 17 (Motor Vehicles and Traffic), Article X (Truck Routes) to modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation Element amendments, pursuant to an Addendum to the General Plan Final Environmental Impact Report (FEIR)
RECOMMENDATION:

1. Determine that this Ordinance is not a project pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines, because this addendum to the General Plan Final Environmental Impact Report (FEIR) (State Clearinghouse [SCH] No. 2016021099) does not propose any major revisions to the General Plan FEIR and no new additional impacts beyond what was anticipated have been identified, and direct staff to file a Notice of Determination; and

2. Adopt Resolution No. 2025-110 (General Plan Amendment Cycle No. 2 of 2025), a Resolution of the City Council of the City of Fontana approving General Plan Amendment No. 25- 0001, amending the City of Fontana General Plan Community Mobility and Circulation Element to incorporate the updated truck route map and modify existing policies and actions, as well as add new policies and actions under Goal 2 of the Circulation Element to meet the requirements of Assembly Bill 98; and

3. Read by title only, waive further reading of, and introduce Ordinance No. 1978, an Ordinance of the City Council of the City of Fontana approving Master Case No. 25-0082 and Municipal Code Amendment No. 25-0012, amending Chapter 17 (Motor Vehicles and Traffic), Article X (Truck Routes) to modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation Element amendments; and that the reading of the title constitutes the first reading thereof.

COUNCIL GOALS:
· To increase citizen involvement by seeking community input. · To increase citizen involvement by informing the public about issues, program, and accomplishments.

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· To increase citizen involvement by providing the community with information on development projects.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.

DISCUSSION:

On September 24, 2024, Assembly Bill (AB) 98 was signed into law requiring all cities and counties in the warehouse concentration region, which includes Fontana, to update their General Plan Circulation Elements with specific requirements for truck routes. More specifically, AB 98 requires the City to identify and establish specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate truck traffic and avoid residential areas and sensitive receptors. The City is also required to maximize the use of interstate or state-divided highways as preferred routes for truck routes, and maximize use of arterial roads, major thoroughfares, and predominantly commercially oriented City streets when state or interstate highways are not utilized. The law’s Circulation Element requirement goes into effect by January 1, 2028. However, jurisdictions in the State’s warehouse concentration region, such as the City of Fontana, must meet this requirement by January 1, 2026.

The City’s Community Mobility and Circulation Element is proposed to be amended primarily to incorporate AB 98 requirements for a designated truck-route network, while keeping the broader multi -modal framework established in the Fontana Forward General Plan Update 2015-2035. The City’s existing Truck Route Map (Exhibit 9.7, Truck Routes) would be updated to shift truck traffic away from residential uses and sensitive receptors to major City streets and state freeways and highways, while improving direct connectivity between regional transportation facilities and industrial and related uses. The update also clarifies what facilities are officially part of the City-controlled local truck route network, removing references to streets under the jurisdiction of the County of San Bernardino or cities adjacent to Fontana. The proposed updated truck route network would continue to provide access for industrial and similar uses, with parcels being within a short drive to either local or regional truck routes.

In addition, the General Plan Amendment proposes minor text changes to existing policies and actions in the Community Mobility and Circulation Element, as well as the addition of new policies and actions. The changes and additions would further address AB 98 requirements to provide specific truck route requirements and avoid residential areas and sensitive receptors, as well as direct the City towards meeting other AB 98 requirements. A detailed summary of the proposed text changes to General Plan policies and actions is provided within Attachment No. 1.

Chapter 17, Article X of the City’s Municipal Code would modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation Element amendments. A detailed summary of the proposed text changes to the Municipal Code is provided within Attachment No. 2.

As part of the process, the City engaged with community members and stakeholders. The engagement process consisted of three components. First, as part of Senate Bill 18 (SB 18) requirements, staff mailed local California Native American tribes to inform them of these changes City of Fontana Page 2 of 4 Printed on 5/11/2026
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File #: 25-0693 Agenda Date: 12/9/2025
Agenda #: D. Category: Public Hearing
requirements, staff mailed local California Native American tribes to inform them of these changes and allow them to request further consultation. Second, online map surveys provided an opportunity for the public to comment on the proposed changes to the truck route map. Four versions of the survey were available: English- and Spanish-language surveys for residents and community members, and English- and Spanish-language surveys for industrial/logistics stakeholders. Third, virtual workshops were held to provide an additional opportunity to provide input. Two workshops were held - one for residents and community members, and one for industrial/logistics stakeholders.

Social media and direct email communication were used to notify individuals and groups of the surveys and workshops.

Background
The project was considered by the Planning Commission at a duly noticed public hearing on November 18, 2025. Upon conclusion of the public hearing, the Planning Commission voted 4-0 to adopt Resolution PC No. 2025-046, thereby forwarding a recommendation of approval to the City Council.

General Plan Amendment No. 25-0001
General Plan Amendment No. 25-0001 amends the Community Mobility and Circulation Element, as summarized below. A detailed list of the proposed amendments is provided within the City Council Resolution provided as Attachment No. 1.

Municipal Code Amendment No. 25-0012
Municipal Code Amendment No. 25-0012 provides updates to Chapter 17 (Motor Vehicles and Traffic), Article X (Truck Routes) to modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation Element amendments, as summarized below. A detailed list of the proposed amendments is provided within the City Council Ordinance provided as Attachment No. 2.

Environmental
Pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines, an Addendum to the General Plan Final Environmental Impact Report (FEIR) (State Clearinghouse [SCH] No. 2016021099) has been prepared for this proposed project. The aforementioned FEIR was adopted by the City Council on November 13, 2018, and this project does not propose any major revisions to the General Plan FEIR and none of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of additional CEQA documentation has occurred. This Addendum to this FEIR determined that there are no new additional impacts beyond what was anticipated in the environmental document mentioned above. The General Plan FEIR Addendum can be found at <https://www.fontanaca.gov/2137/Environmental-Documents> FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

MOTION:

Approve staff recommendation.

ATTACHMENTS:

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File #: 25-0693 Agenda Date: 12/9/2025
Agenda #: D. Category: Public Hearing
Attachment No. 1 - Resolution for General Plan Amendment Attachment No. 2 - Ordinance for Municipal Code Amendment Attachment No. 3 - Planning Commission Packet for November 18, 2025 Attachment No. 4 - Draft Planning Commission Minutes
Attachment No. 5 - Notice of Determination
Attachment No. 6 - Public Hearing Notice
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ATTACHMENT NO. 1
RESOLUTION NO. 2025-110

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, PURSUANT TO THE ADOPTION OF AN ADDENDUM TO

THE GENERAL PLAN ENVIRONMENTAL IMPACT REPORT,
ADOPTING GENERAL PLAN AMENDMENT NO. 25-0001 TO AMEND
CHAPTER 9 OF THE GENERAL PLAN.

WHEREAS, on September 29, 2024, the State of California enacted Assembly Bill 98 (“AB 98”); and
WHEREAS, AB 98 establishes statewide standards and planning requirements intended to ensure that the development and operation of warehouses and logistics facilities occur in a manner that minimizes adverse impacts on surrounding communities and sensitive receptors; and
WHEREAS, the law identifies certain jurisdictions, including those located within the State’s “warehouse concentration region,” as being required to complete these Circulation Element updates by January 1, 2026, while all other jurisdictions must comply by January 1, 2028; and
WHEREAS, the City of Fontana (“City”) is located within the State-designated warehouse concentration region as defined by AB 98 and, as such, is required to update its Circulation Element to comply with the bill’s truck route planning requirements by January 1, 2026; and
WHEREAS, in compliance with AB 98, the City initiated General Plan Amendment (“GPA”) No 25-0001 to amend Chapter 9 (“Community Mobility and Circulation”) of the City of Fontana General Plan (“General Plan”), thereby incorporating an updated truck route and effectuating necessary modifications, and additions, to existing policies and actions under Goals 2 and 7; and
WHEREAS, the City also initiated Municipal Code Amendment (“MCA”) No. 25- 0012 to modify Chapter 17 (“Motor Vehicles and Traffic”) of the Fontana Municipal Code (“FMC”) to ensure the listed city commercial truck route system is consistent with the amendments to the General Plan; and
WHEREAS, the proposed General Plan and Municipal Code amendments are collectively considered a “Project” as defined by the California Environmental Quality Act (CEQA); and
WHEREAS, an Addendum to the City of Fontana General Plan Environmental Impact Report (State Clearinghouse [SCH] No. 2016020199) (“FEIR”) which was adopted by the City Council on November 13, 2018 has been prepared for this proposed project pursuant to Sections 15162 and 15164 of the CEQA Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines; and
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WHEREAS, a duly noticed public hearing was held by the City of Fontana Planning Commission (“Planning Commission”) was held on November 18, 2025, at which time all interested persons were given an opportunity to be heard concerning GPA No. 25-0001 and MCA No. 25-0012; and
WHEREAS, after conducting the duly noticed public hearing and considering all written and oral testimony presented, the Planning Commission voted to recommend approval of GPA No. 25-0001 and MCA No. 25-0012 to the City Council; and WHEREAS, by ensuring that the City’s planning and zoning regulations are consistent with State law, the amendments substantially promote the goals of the General Plan by protecting public welfare and providing clear guidance for future land use decisions; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have been met.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:

Section 1. The above recitals are true, correct and by this reference incorporated herein.

Section 2. The City Council has reviewed and considered the City of Fontana General Plan EIR and Addendum, any oral or written comments received, and the administrative record prior to making any decision on the Proposed Project. The City Council finds that the Addendum and City of Fontana General Plan EIR contain a complete and accurate reporting of all of the environmental impacts associated with the Project. The City Council further finds that the Addendum has been completed in compliance with the State CEQA Guidelines and Section 8.06 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA.

Section 3. Having considered the Addendum, the administrative record, the City of Fontana General Plan EIR and all written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the proposed project have been addressed within the City of Fontana General Plan EIR and the Addendum. The City Council finds that no new or additional mitigation measures or alternatives are required. The City Council further finds that there is no substantial evidence in the administrative record that the project may result in any significant environmental impacts beyond those analyzed in the City of Fontana General EIR. The City Council finds that the Addendum contains a complete, objective, and accurate reporting of the environmental impacts associated with the project and reflects the independent judgment and analysis of the City Council.

Section 4. The City Council adopts the Addendum to the EIR for the City of Fontana General Plan (SCH No. 2016021099) and Mitigation, Monitoring, and Reporting Program (MMRP) that have been prepared pursuant State CEQA Guidelines Sections 778
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15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA and direct staff to file and post a Notice of Determination.

Section 5. After receiving the recommendation of the Planning Commission and considering all written and oral testimony presented at the public hearing, the City Council finds that GPA No. 25-0001 is necessary to update the General Plan to reflect the current desires and needs of the citizens for the long-term growth of the City. The City Council further finds that the amendment to Chapter 9 of the General Plan is required to comply with the requirements of AB 98, as detailed in Exhibit A, which is attached hereto and incorporated herein by this reference. Based on these findings, the City Council hereby approves GPA No. 25-0001.

Section 6. This Resolution shall become effective immediately upon adoption.

Section 7. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 8. The City Clerk shall certify to the adoption of this Resolution.

Section 9. The documents and materials that constitute the record of proceedings on which this Resolution is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.

APPROVED AND ADOPTED this 9th day of December, 2025.

READ AND APPROVED AS TO LEGAL FORM:
__________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, California, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting thereof, held on this 9th day of December 2025, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
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Resolution No. 2025-110
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__________________________
City Clerk of the City of Fontana
__________________________
Mayor of the City of Fontana
ATTEST:
__________________________
City Clerk
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“EXHIBIT A”
AMENDMENT TO GENERAL PLAN CHAPTER 9: COMMUNITY MOBILITY AND

CIRCULATION
(*Additions shown in underline, deletions shown in strikeout) Goal 2: Fontana's street network is safe and accessible to all users, especially the most vulnerable such as children, youth, older adults and people with disabilities.

POLICIES:
 When constructing or modifying roadways, design the roadway space for use by all users when feasible, including motor vehicles, buses, bicyclists, mobility devices, and pedestrians, as appropriate for the context of the area.  Support Maintain a designated truck routes network that avoids negative impacts on residential and commercial areas and other sensitive uses, while with arterial streets accommodating the efficient movement of trucks on designated truck routes and arterial streets.

ACTIONS:

G. Vigorously and consistently enforce speed limits, truck use of designated truck routes, and other traffic laws.

O. Develop and maintain a citywide system of clear and conspicuous signage denoting truck routes and other truck requirements and restrictions.

P. Maintain an up-to-date online map of citywide truck routes, and make available maps and source data to local warehouse operators, fleet operators, and truck drivers.

Q. Regularly review the citywide truck route map to see if changes in land use or other conditions require updates to accommodate truck access and avoid sensitive uses.
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EXHIBIT 9.7 TRUCK ROUTES
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EXHIBIT 9.7 TRUCK ROUTES
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ATTACHMENT NO. 2
ORDINANCE NO. 1978

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, PURSUANT TO THE ADOPTION OF AN ADDENDUM TO

THE GENERAL PLAN ENVIRONMENTAL IMPACT REPORT,
ADOPTING MUNICIPAL CODE AMENDMENT NO. 25-0012 TO AMEND
CHAPTER 17 OF THE FONTANA MUNICIPAL CODE TO ESTABLISH A

TRUCK ROUTE NETWORK CONSISTENT WITH THE REQUIREMENTS
OF ASSEMBLY BILL 98
WHEREAS, on September 29, 2024, the State of California enacted Assembly Bill 98 (“AB 98”); and
WHEREAS, AB 98 establishes statewide standards and planning requirements intended to ensure that the development and operation of warehouses and logistics facilities occur in a manner that minimizes adverse impacts on surrounding communities and sensitive receptors; and
WHEREAS, the law identifies certain jurisdictions, including those located within the State’s “warehouse concentration region,” as being required to complete these Circulation Element updates by January 1, 2026, while all other jurisdictions must comply by January 1, 2028; and
WHEREAS, the City of Fontana (“City”) is located within the State-designated warehouse concentration region as defined by AB 98 and, as such, is required to update its Circulation Element to comply with the bill’s truck route planning requirements by January 1, 2026; and
WHEREAS, in compliance with AB 98, the City initiated General Plan Amendment (“GPA”) No 25-0001 to amend Chapter 9 (“Community Mobility and Circulation”) of the City of Fontana General Plan (“General Plan”), thereby incorporating an updated truck route and effectuating necessary modifications, and additions, to existing policies and actions under Goals 2 and 7; and
WHEREAS, the City also initiated Municipal Code Amendment (“MCA”) No. 25- 0012 to modify Chapter 17 (“Motor Vehicles and Traffic”) of the Fontana Municipal Code (“FMC”) to ensure the listed city commercial truck route system is consistent with the amendments to the General Plan; and
WHEREAS, the proposed General Plan and Municipal Code amendments are collectively considered a “Project” as defined by the California Environmental Quality Act (CEQA); and
WHEREAS, an Addendum to the City of Fontana General Plan Environmental Impact Report (State Clearinghouse [SCH] No. 2016020199) (“FEIR”) which was adopted by the City Council on November 13, 2018 has been prepared for this proposed project pursuant to Sections 15162 and 15164 of the CEQA Guidelines and 784
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Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines; and WHEREAS, a duly noticed public hearing was held by the City of Fontana Planning Commission (“Planning Commission”) was held on November 18, 2025, at which time all interested persons were given an opportunity to be heard concerning GPA No. 25-0001 and MCA No. 25-0012; and
WHEREAS, after conducting the duly noticed public hearing and considering all written and oral testimony presented, the Planning Commission voted to recommend approval of GPA No. 25-0001 and MCA No. 25-0012 to the City Council; and WHEREAS, by ensuring that the City’s planning and zoning regulations are consistent with State law, the amendments substantially promote the goals of the General Plan by protecting public welfare and providing clear guidance for future land use decisions; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have been met.

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

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 4. The City Council adopts the Addendum to the EIR for the City of Fontana General Plan (SCH No. 2016021099) and Mitigation, Monitoring, and Reporting 785
Ordinance No. 1978

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Program (MMRP) that have been prepared pursuant State CEQA Guidelines Sections 15162 and 15164 along with the City of Fontana’s 2019 Local Guidelines for Implementing CEQA and direct staff to file and post a Notice of Determination.

Section 5. After receiving the recommendation of the Planning Commission and considering all written and oral testimony presented at the public hearing, the City Council finds that MCA No. 25-0012 is necessary to ensure the City’s regulations remain current and responsive to the needs and desires of the community. The City Council further finds that the amendment is required to comply with the requirements of AB 98, as detailed in Exhibit A, which is attached hereto and incorporated herein by this reference, and that the modification is appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan. Based on these findings, the City Council hereby approves MCA No. 25-0012.

Section 6. 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 reason 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 7. 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 8. This Ordinance shall be effective thirty days (30) following its adoption.

Section 9. 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 members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Fontana 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 reason 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.

APPROVED AND ADOPTED this 27th day of January, 2026.
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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 9th day of December, 2025 and was finally passed and adopted not less than five days thereafter on the 27th day of January, 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

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“EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 17
(*Additions shown in underline, deletions shown in strikeout) Chapter 17 – TRUCK ROUTES
Sec. 17-428. Street segments that are part of city commercial truck route system.

Alder Avenue Foothill Boulevard to Valley Boulevard
Arrow Boulevard Ilex Almeria Avenue to Maple Citrus Avenue Baseline Avenue Interstate 15 to Maple Avenue
Beech Avenue Foothill Boulevard to Whittram Avenue
Beech Avenue Slover Avenue to Jurupa Avenue
Cherry Avenue Interstate 15 State Route 210 to Jurupa Avenue 150 feet south of Owen Street
Cherry Avenue 50 feet north of Andel Drive to Jurupa Avenue Citrus Avenue Baseline Avenue State Route 210 to Jurupa Avenue Etiwanda Avenue ¼ mile south of Whittram Avenue Interstate 10 to Philadelphia Avenue
Foothill Boulevard East Avenue to Maple Avenue
Interstate 10 Etiwanda Avenue to Alder Avenue
Interstate 15 Baseline Avenue to Sierra Avenue
1-15 East Frontage
Road
Cherry Avenue to Beech Avenue
Jurupa Avenue Etiwanda Avenue to Sierra Avenue
Marlay Avenue Etiwanda Avenue to Mulberry Avenue
Mulberry Avenue Slover Avenue to Philadelphia Avenue
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Philadelphia
Avenue
Etiwanda Avenue to Mulberry Avenue
Riverside Avenue Sierra Avenue to 1650 feet southeast of Sierra Avenue State Route 30 Interstate 15 to Palmetto Avenue
San Bernardino
Avenue
Etiwanda Avenue to Citrus Avenue
San Bernardino
Avenue
Alder Avenue to Locust Avenue
Santa Ana Avenue Mulberry Avenue to Citrus Avenue
Sierra Avenue Interstate 15 to Foothill Boulevard State Route 210 Sierra Avenue Valley Boulevard Interstate 10 to Jurupa Avenue Sierra Lakes
Parkway
Sierra Avenue to 525 feet east of Mango Avenue
Slover Avenue Etiwanda Avenue to 660 feet west of Alder Avenue South Highland
Avenue
Sierra Avenue to Palmetto Avenue
South Highland
Avenue
West of Sierra Avenue (temporary - Route 30
construction)
Summit Avenue Interstate 15 to Beech Avenue
Valley Boulevard Interstate 10 Banana Avenue to Alder Avenue Citrus Avenue
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8353 Sierra Avenue City of Fontana Fontana, CA 92335
Legislation Details (With Text)
File #: 25-0665 Version: 1 Name:

Type: Public Hearing Status: Agenda Ready
File created: 11/6/2025 In control: Planning Commission On agenda: 11/18/2025 Final action:

Title: Master Case No. (MCN) 25-0082: General Plan Amendment (GPA) No. 25-0001 and Municipal Code Amendment (MCA) No. 25-0012: General Plan Amendment to modify the Community Mobility and Circulation Element to incorporate the updated truck route map and modify existing policies and actions, as well as add new policies and actions under Goals 2 and 7 of the Circulation Element to meet the requirements of Assembly Bill 98. Fontana Municipal Code amendments to Chapter 17 (Motor Vehicles and Traffic), Article X (Truck Routes) to modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation Element amendments, pursuant to an Addendum to the General Plan Final Environmental Impact Report (FEIR).

RECOMMENDATION:

Based on the information contained in this staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2025-____, and forward a recommendation to the City Council to:

1. Adopt the Addendum to the City of Fontana General Plan Final Environmental Impact Report (FEIR), and direct staff to file a Notice of Determination; and,

2. Adopt a resolution approving General Plan Amendment (GPA) No. 25-0001; and,

3. Adopt an ordinance approving Municipal Code Amendment (MCA) No. 25-0012.

APPLICANT:

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

Citywide
PROJECT PLANNER:

Ruben Hovanesian, Engineering Manager
Sponsors:

Indexes:

Code sections:

Attachments: 1. Attachment No. 1 - Planning Commission Resolution, 2. Attachment No. 2 - General Plan Updates and Additional Considerations Memo, 3. Attachment No. 3 - Notice of Determination, 4. Attachment No. 4 - Public Hearing Notice
Date Ver. Action By Action Result
11/18/2025 1 Planning Commission adopt Pass
FROM:

Engineering
TITLE:

Master Case No. (MCN) 25-0082: General Plan Amendment (GPA) No. 25-0001 and Municipal Code City of Fontana Page 1 of 4 Printed on 11/24/2025
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File #: 25-0665, Version: 1
Master Case No. (MCN) 25-0082: General Plan Amendment (GPA) No. 25-0001 and Municipal Code Amendment (MCA) No. 25-0012: General Plan Amendment to modify the Community Mobility and Circulation Element to incorporate the updated truck route map and modify existing policies and actions, as well as add new policies and actions under Goals 2 and 7 of the Circulation Element to meet the requirements of Assembly Bill 98. Fontana Municipal Code amendments to Chapter 17 (Motor Vehicles and Traffic), Article X (Truck Routes) to modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation Element amendments, pursuant to an Addendum to the General Plan Final Environmental Impact Report (FEIR).

RECOMMENDATION:

Based on the information contained in this staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2025 - _____, and forward a recommendation to the City Council to:

1. Adopt the Addendum to the City of Fontana General Plan Final Environmental Impact Report (FEIR), and direct staff to file a Notice of Determination; and,

2. Adopt a resolution approving General Plan Amendment (GPA) No. 25-0001; and,

3. Adopt an ordinance approving Municipal Code Amendment (MCA) No. 25-0012.

APPLICANT:

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

Citywide
REQUEST:

General Plan Amendment (GPA) No. 25-0001 - a request to amend the City of Fontana General Plan Community Mobility and Circulation Element to incorporate the updated truck route map and modify existing policies and actions, as well as add new policies and actions under Goal 2 of the Circulation Element to meet the requirements of Assembly Bill 98.

Municipal Code Amendment (MCA) No. 25-0012 - a request to amend Chapter 17 (Motor Vehicles and Traffic), Article X (Truck Routes) to modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation Element amendments PROJECT PLANNER:

Ruben Hovanesian, Engineering Manager
BACKGROUND INFORMATION:

On September 24, 2024, Assembly Bill (AB) 98 was signed into law requiring all cities and counties in the warehouse concentration region, which includes Fontana, to update their General Plan Circulation Elements with specific requirements for truck routes. More specifically, AB 98 requires the City to identify and establish specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate truck traffic and avoid residential areas and sensitive receptors. The City is also required to maximize the use of interstate or state divided City of Fontana Page 2 of 4 Printed on 11/24/2025
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File #: 25-0665, Version: 1
sensitive receptors. The City is also required to maximize the use of interstate or state divided highways as preferred routes for truck routes, and maximize use of arterial roads, major thoroughfares, and predominantly commercially oriented City streets when state or interstate highways are not utilized. The law’s Circulation Element requirement goes into effect by January 1, 2028. However, jurisdictions in the State’s warehouse concentration region (such as the City of Fontana) must meet this requirement by January 1, 2026
PROJECT DESCRIPTION:

General Plan Amendment No. 25-0001 amends the Community Mobility and Circulation Element, as summarized below. A detailed list of the proposed amendments is provided within Exhibit “A” of the Planning Commission Resolution provided as Attachment No. 1.

Municipal Code Amendment No. 25-0012 provides updates to Chapter 17 (Motor Vehicles and Traffic), Article X (Truck Routes) to modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation Element amendments, as summarized below. A detailed list of the proposed amendments is provided within Exhibit “B” of the Planning Commission Resolution provided as Attachment No. 1.

ANALYSIS:

The City’s Community Mobility and Circulation Element would be amended primarily to incorporate AB 98 requirements for a designated truck-route network, while keeping the broader multi-modal framework established in the Fontana Forward General Plan Update 2015-2035. The City’s existing Truck Route Map (Exhibit 9.7, Truck Routes) would be updated to shift truck traffic away from residential uses and sensitive receptors to major City streets and state freeways and highways, while improving direct connectivity between regional transportation facilities and industrial and related uses. The update also clarify what facilities are officially part of the City-controlled local truck route network, removing references to streets under the jurisdiction of the County of San Bernardino or Cities adjacent to Fontana. The proposed updated truck route network would continue to provide access for industrial and similar uses, with parcels being within a short drive to either local or regional truck routes.

As part of the process, the City engaged with community members and stakeholders. The engagement process consisted of three components. First, as part of Senate Bill 18 (SB 18) requirements, staff mailed local California Native American tribes to inform them of these changes and allow them to request further consultation. Second, online map surveys provided an opportunity for the public to comment on the proposed changes to the truck route map. Four versions of the survey were available: English- and Spanish-language surveys for residents and community members, and English- and Spanish-language surveys for industrial/logistics stakeholders. Third, virtual workshops were held to provide an additional opportunity to provide input. Two workshops City of Fontana Page 3 of 4 Printed on 11/24/2025
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File #: 25-0665, Version: 1
virtual workshops were held to provide an additional opportunity to provide input. Two workshops were held - one for residents and community members, and one for industrial/logistics stakeholders.

Social Media and direct email communication were used to notify individuals and groups of the surveys and workshops.

Environmental:

Pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines an Addendum to the General Plan Final Environmental Impact Report (FEIR) (State Clearinghouse [SCH] No. 2016021099) has been prepared for this proposed project. The aforementioned FEIR was adopted by the City Council on November 13, 2018, and this project does not propose any major revisions to the General Plan FEIR and none of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of additional CEQA documentation has occurred. This Addendum to this FEIR determined that there are no new additional impacts beyond what was anticipated in the environmental document mentioned above. The General Plan FEIR Addendum can be found at <https://www.fontanaca.gov/2137/Environmental-Documents> MOTION:

Approve staff’s recommendation.

ATTACHMENTS:

Attachment No. 1 - Planning Commission Resolution/Exhibit A and B Attachment No. 2 - General Plan Updates and Additional Considerations Memorandum Attachment No. 3 - Notice of Determination
Attachment No. 4 - Public Hearing Notice
City of Fontana Page 4 of 4 Printed on 11/24/2025
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City of Fontana
Planning Commission
Minutes
Idilio Sanchez, Chair
Ricardo Quintana, Vice Chair
Joe Armendarez, Secretary
Torrie Lozano, Commissioner
Dylan Keetle, Commissioner
Tuesday, November 18, 2025 6:00 P.M. Grover W. Taylor Council Chambers CALL TO ORDER/ROLL CALL:

A. Call to Order/Roll Call:

A regular meeting of the City of Fontana Planning Commission was held on Tuesday, November 18, 2025. Chair Sanchez called the meeting to order at 6:03 p.m.

Present: Chair Sanchez, Vice Chair Quintana, Secretary Armendarez, and Commissioner Lozano

Absent: Commissioner Keetle
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

Following the Invocation by Chaplain Victor Arias, the Pledge of Allegiance was led by Chair Sanchez.

ATTACHMENT NO. 4
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PUBLIC COMMUNICATIONS:

A. Public Communications:

None.

CONSENT CALENDAR:

A. Planning Commission Determination of General Plan Consistency for property identified as Lettered Lots E and I, Assessor Parcel Numbers 0228- 151-66-0000 and 0228-151-62-0000, pursuant to the State CEQA Guidelines Section 15303.

Adopt Resolution No. PC 2025-042 finding that the proposed disposition is in conformance with the City’s General Plan, making CEQA findings pursuant to the State CEQA Guidelines Section 15303 and directing staff to file a Notice of Exemption.

B. Planning Commission Determination of General Plan Consistency under Government Code section 65402 for the Vacation, Abandonment and Disposition of a portion of Boyle Avenue, located on the south side of Boyle Avenue east of Citrus Avenue, pursuant to the State CEQA Guidelines Section 15061(b)(3).

Adopt Resolution No. PC 2025-043 finding that the proposed vacation, abandonment and disposition is in conformance with the City’s General Plan, determining that the project is exempt under CEQA Guidelines Section 15061(b)(3) and directing staff to file a Notice of Exemption.

C. Approval of Minutes:

Approve the Regular Planning Commission Meeting Minutes of November 4, 2025.

ACTION: A Motion was made by Vice Chair Quintana and seconded by Commissio ner Lozano and passed by a vote of 4-0 to approve the Consent Calendar.

The motion carried by the following vote:

Aye: Chair Sanchez, Vice Chair Quintana, Secretary Armendarez, and Commissioner Lozano

Absent: Commissioner Keetle
Abstain: None
PH- A Master Case No. (MCN) 25-0056; Design Review (DRP) No. 25-0025; A request for the site and architectural review for a proposed mixed-use development 795
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consisting of approximately 10,440 square feet of commercial space on the first floor and 30 transitional housing units on the second and third floors, with associated site improvements, on 3.16 acres, located at16029 Arrow Boulevard (APNs: 0232-201-13), pursuant to a Categorical Exemption in accordance with CEQA Guidelines Section 15332.

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

No written correspondence was received.

The applicant, Mark Nuaimi, on behalf of Water of Life Community Church, stated that he read and agreed to the Conditions of Approval, and described the transitional housing project, noting it will replace existing trailers and provide homeless clients with casemanagement services funded by first-floor commercial uses. The applicant outlined an anticipated groundbreaking in late summer 2026 and an opening in 2027. Chair Sanchez and Secretary Armendarez thanked the applicant and expressed support for the project and its service to the community.

No one spoke in favor or in opposition.

The Public Hearing was closed.

RECOMMENDATION:

Based on the information contained in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution No. PC 2025-044; and,

1. Determine that the project is categorically exempt pursuant to Section No. 15332 (Class No. 32, Infill Development) of the California Environmental Quality Act, and Section No. 3.22 (Categorical Exemption) of the Local 2019 Guidelines for Implementing the CEQA, and direct staff to file a Notice of Exemption; and,

2. Approve Design Review (DRP) No.25-0025.

ACTION: Motion was made by Chair Sanchez and seconded by Secretary Armendarez and passed by a vote of 4-0 to approve Public Hearing Item “A”; adopt Resolution No. PC 2025-044 and approve Design Review (DRP) No.25-0025.

The motion carried by the following vote:

AYES: Chair Sanchez, Vice Chair Quintana, Secretary Armendarez, and Commissioner Lozano NOES: None; ABSTAIN: None; ABSENT: Commissioner Keetle.
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PH-B Master Case No. (MCN) 24-0060: General Plan Amendment (GPA) No. 24-0004, Zoning District Map Amendment (ZCA) No. 24-0004, Tentative Tract Map No. 24- 0009 (TTM No. 20712), Conditional Use Permit (CUP) No. 24-0023, and Design Review (DR) No. 24-0031; a request to change the General Plan Land Use Designation from Multi-Family Medium/High (R-MFMH) to Multi-Family Residential (R-MF), a request to change the zoning designation from Multi-Family Medium High Residential (R-4) to Multi-Family Residential (R-3), a request to subdivide 35 parcels to establish a condominium map and abandon a portion of Knox Avenue, a request to create a Planned Unit Development (PUD), and a request for site and architectural review of , a new 393 multi-family unit development with associated improvements on approximately 31.0 gross acres, located at APNs: 0228-051-01, - 14, -15, -16, -17, -19, -20, and -21; 0228-052-01, -25, -26, and -27, 0228-061-02 through -14, -16, -17, -18, -20 through -25, and 0228-311-05, pursuant to an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

Chair Sanchez opened the Public Hearing.

Alexia Barberena, Associate Planner, presented the staff report and noted two written correspondences received: a letter from the Department of Fish and Wildlife recommending adjustments to mitigation measures, which staff will modify without introducing new impacts. Additionally, a letter from property owners along South/Jurupa Avenue near Sierra Avenue was received. Staff clarified that the Department’s letter did not directly address the current action item and noted that general inquiries via phone and email were answered.

Staff and the Planning Commission discussed the facility’s entrances and exits, focusing on the south entrance along Walnut Street. The Planner confirmed it is gated and set back approximately 120 feet from the street, while the north entrance has a larger setback.

The City Clerk’s Department received two (2) written correspondence regarding this Item.

The applicant, Nolan Leggio, stated that he read and agreed to the Conditions of Approval and introduced his project team, including traffic, environmental, and civil engineering experts. He thanked city staff for their support in facilitating the project and expressed excitement to move forward with the project.

The following individual spoke in favor:
 Doug Jorritsma
The Public Hearing was closed.
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RECOMMENDATION:

1. Adopt the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program (MMRP), and direct staff to file a Notice of Determination; and,

2. Adopt a resolution approving General Plan Amendment (GPA) No. 24- 0004; and,

3. Adopt an ordinance approving Zoning District Map Amendment (ZCA) No. 24-0004; and,

4. Adopt a resolution approving Tentative Tract Map (TTM) No. 24-0009 (TTM No. 20712), Conditional Use Permit (CUP) No. 24-0023, and Design Review (DRP) No. 24-0031.

ACTION: Motion was made by Vice Chair Quintana and seconded by Secretary Armendarez and passed by a vote of 4-0 to approve Public Hearing Item “B”; adopt Resolution No. PC 2025-045.

The motion carried by the following vote:

AYES: Chair Sanchez, Vice Chair Quintana, Secretary Armendarez, and Commissioner Lozano NOES: None; ABSTAIN: None; ABSENT: Commissioner Keetle.

PH-C Master Case No. (MCN) 25-0082: General Plan Amendment (GPA) No. 25-0001 and Municipal Code Amendment (MCA) No. 25-0012: General Plan Amendment to modify the Community Mobility and Circulation Element to incorporate the updated truck route map and modify existing policies and actions, as well as add new policies and actions under Goals 2 and 7 of the Circulation Element to meet the requirements of Assembly Bill 98. Fontana Municipal Code amendments to Chapter 17 (Motor Vehicles and Traffic), Article X (Truck Routes) to modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation Element amendments, pursuant to an Addendum to the General Plan Final Environmental Impact Report (FEIR.

Chair Sanchez opened the Public Hearing.

No written correspondence was received.
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Ruben Hovanesian, Engineering Manager, presented the staff report.

No one spoke in favor or in opposition.

The Public Hearing was closed.

RECOMMENDATION:

Based on the information contained in this staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2025-046, and forward a recommendation to the City Council to:

1. Adopt the Addendum to the City of Fontana General Plan Final Environmental Impact Report (FEIR), and direct staff to file a Notice of Determination; and,

2. Adopt a resolution approving General Plan Amendment (GPA) No. 25-0001; and,

3. Adopt an ordinance approving Municipal Code Amendment (MCA) No. 25- 0012.

ACTION: Motion was made by Secretary Armendarez and seconded by Commissioner Lozano and passed by a vote of 4-0 to approve Public Hearing Item “C” and adopt Resolution No. PC 2025-046.

The motion carried by the following vote:

AYES: Chair Sanchez, Vice Chair Quintana, Secretary Armendarez, and Commissioner Lozano NOES: None; ABSTAIN: None; ABSENT: Commissioner Keetle.

DIRECTOR COMMUNICATIONS:

A. Director Communications:

None.

COMMENTS:

A. Public Communication Commission Comments:

Commissioner Lozano expressed appreciation for the presenters—Miss Goins, Miss Barberena, Mr. Hovanesian—and the planning staff for their assistance in providing the information needed for the meeting. She also wished everyone a safe and happy Thanksgiving.
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Secretary Armendarez acknowledged and thanked the entire planning commission and staff for their hard work in ensuring all information was thoroughly vetted and provided in a timely manner to support informed decision-making. He encouraged everyone to take time during Thanksgiving to reflect on what they are thankful for and to help others whenever possible, closing with well wishes for the evening and blessings for the nation.

Vice Chair Quintana highlighted the impressive projects presented at the meeting, including a housing development with amenities such as a pool, cabana, barbecue areas, bicycle and fitness areas, and a transitional housing project in partnership with Water of Life. He emphasized that these projects reflect the city and county’s commitment to improving residents’ lives, addressing homelessness, and supporting community development. He concluded by thanking staff for their presentations and wishing everyone a happy Thanksgiving.

Chair Sanchez thanked the staff for their efforts and hard work during the meeting. He requested that the meeting close in memory of all veterans, noting their sacrifices in securing the freedoms enjoyed by the community.

ADJOURNMENT:

Chair Sanchez adjourned the meeting at 6:43 p.m. to the next Regular Planning Commission Meeting on Tuesday, December 2, 2025, at 6:00 p.m. in the Grover W.

Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. ___________________________
Susana Gallardo
Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED BY THE PLANNING COMMISSION ON THE 2
nd DAY OF DECEMBER 2025.
_______________________
Idilio Sanchez
Chair
800
Notice of Determination 1 FORM “F”

NOTICE OF DETERMINATION
TO: ☐ Clerk of the Board of Supervisors
or
X County Clerk
Address:

FROM: Public Agency/Lead Agency Name:

City of Fontana
Address:
8353 Sierra Ave, Fontana CA 92335
Contact: Ruben Hovanesian
Phone: (909) 350-7613
Email: [email protected]
TO: X Office of Land Use and Climate Innovation
State Clearinghouse
1400 Tenth Street, Rm. 113
Sacramento, CA 95814
Lead Agency (if different from above)
Address:

Contact:

Phone:

SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.

State Clearinghouse Number
(If submitted to SCH):
2016021099
Project Title: Master Case No. 25-0082; General Plan Amendment No. 25-0001; Municipal Code Amendment No. 25-0012
Project Applicant (include address, telephone number and email address):

City of Fontana, Ruben Hovanesian – Engineering Manager, [email protected], 8353 Sierra Ave, Fontana CA, 92335, (909) 350-7613
Specific Project Location – Identify street address and cross street or attach a map showing project site (preferably a USGS 15’ or 7 ½’ topographical map identified by quadrangle name):

Citywide
General Project Location (City and/or County): City of Fontana, County: San Bernardino Project Description: Master Case No. 25-0082; General Plan Amendment No. 25-0001; Municipal Code Amendment No. 25-0012 - A request to amend the Community Mobility and Circulation Element of the General ATTACHMENT NO. 4
801
Notice of Determination 2 FORM “F”
Plan to incorporate the updated truck route map and modify existing policies and actions, as well as add new policies and actions under Goals 2 and 7 of the Community Mobility and Circulation Element to meet the requirements of Assembly Bill 98. A request to amend Fontana Municipal Code Chapter 17, Article X to modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation Element amendments.

Identify the person or entity undertaking the project, including any private applicant, any other person undertaking an activity that receives financial assistance from the Public Agency as part of the project, and any person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the project.

This is to advise that the (☒ Lead Agency or ☐ Responsible Agency) has approved the above described project on November 18, 2025 and has made the following determinations regarding the above described project:

1. The project [ ☐ will ☒ will not] have a significant effect on the environment.

2. ☒ An Environmental Impact Report was prepared and certified for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. Pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines an Addendum to the General Plan Final Environmental Impact Report (FEIR) (State Clearinghouse [SCH] No. 2016021099) has been prepared for this proposed project. The aforementioned EIR was adopted by the City Council on November 13, 2018, and this project does not propose any major revisions to the General Plan FEIR and none of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of additional CEQA documentation has occurred. The Ordinance change is not a project within the meaning of Section 15378 of the CEQA Guidelines, Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA, because it does not have potential for resulting in physical change in the environment, directly or indirectly. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. ☐ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency.
☐ A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency.

3. ☐ Mitigation measures [ ☒ were ☐ were not ]made a condition of the approval of the project.

4. ☐ A Mitigation Monitoring or Reporting Plan [ ☐ was ☒ was not] adopted for this project.

5. ☐ A Statement of Overriding Considerations [ ☐ was ☒ was not] adopted for this project.

6. ☐ Findings [ ☒ were ☐ were not] made pursuant to the provisions of CEQA.

This is to certify that the Final EIR with comments and responses and record of project approval, or the Negative Declaration, is available to General Public at:

Custodian: Location:

Date:
________________________________________
DiTanyon Johnson
Planning Manager
802
Notice of Determination 3 FORM “F”
Clerk’s File Stamp:

Authority cited: Sections 21083, Public Resources Code.

Reference Section 21000-21174, Public Resources Code.
803

NOTICE PUBLIC HEARING
In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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

MASTER CASE NUMBER (MCN) NO. 25-0082; GENERAL PLAN AMENDMENT (GPA) NO. 25-0001; MUNICIPAL CODE AMENDMENT (MCA) NO. 25-0012
A request to amend the Community Mobility and Circulation Element of the General Plan to incorporate the updated truck route map and modify existing policies and actions, as well as add new policies and actions under Goals 2 and 7 of the Community Mobility and Circulation Element to meet the requirements of Assembly Bill 98. A request to amend Fontana Municipal Code Chapter 17, Article X to modify the listed city commercial truck route system to be consistent with the proposed Community Mobility and Circulation Element amendments.

Environmental
Determination:

Pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines an Addendum to the General Plan Final Environmental Impact Report (FEIR) (State Clearinghouse [SCH] No. 2016021099) has been prepared for this proposed project. The aforementioned EIR was adopted by the City Council on November 13, 2018, and this project does not propose any major revisions to the General Plan FEIR and none of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of additional CEQA documentation has occurred.

The Ordinance change is not a project within the meaning of Section 15378 of the CEQA Guidelines, Section No. 3.22 and 3.07 of the 2019 Local Guidelines for Implementing CEQA, because it does not have potential for resulting in physical change in the environment, directly or indirectly. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Location of Property: Citywide
Date of Hearing: December 9, 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 Ruben Hovanesian, Engineering Manager, at (909) 350-7613 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 ENGINEER LISTED ABOVE.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM, YOU MAY BE LIMITED

TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

Publish: November 28, 2025
804
AVISO DE AUDIENCIA PÚBLICA
En cumplimiento con la Sección No. 202 de la Acta de Americanos con Discapacidades de 1990 (42 USC Sec. 12132) y las reglas y regulaciones federales adoptadas en la implementación de esta, la agenda de esta audiencia estará disponible en formatos alternativos apropiados para las personas con una discapacidad. Si necesita asistencia especial para participar en esta audiencia, comuníquese con el Departamento de la Secretaria Municipal llamando al (909) 350 -7602. La notificación deberá realizarse 48 horas antes de la audiencia para permitir que la Ciudad haga arreglos razonables para garantizar la accesibilidad a esta audiencia.

SE HA PROGRAMADO UNA AUDIENCIA PÚBLICA ANTE EL CONCEJO MUNICIPAL DE LA CIUDAD DE FONTANA PARA LO SIGUIENTE:

MCN No. 25-0082; GPA No. 25-0001 y MCA No. 25-0012
Una solicitud para modificar el Elemento de Movilidad y Circulación Comunitaria del Plan General para incorporar el mapa actualizado de rutas de camiones y modificar las pólizas y acciones existentes, así como añadir nuevas pólizas y acciones bajo los Objetivos 2 y 7 del Elemento de Movilidad y Circulación Comunitaria para cumplir con los requisitos de la Asamblea Ley 98 (Assembly Bill 98). Una solicitud para modificar el Capítulo 17, Artículo X del Código Municipal de Fontana para ajustar el sistema de rutas de camiones comerciales de la ciudad y hacerlo coherente con las modificaciones propuestas al Elemento de Movilidad y Circulación Comunitaria.

Determinacion Ambiental: De conformidad con las Secciones 15162 y 15164 de las Normas de la Ley de Calidad Ambiental de California (CEQA) y la Sección 8.06 de las Normas Locales de CEQA de 2019 de la Ciudad de Fontana, se ha preparado una Enmienda al Informe Ambiental Final (FEIR) del Plan General (Centro de Procesamiento Estatal [SCH] No. 2016021099) para este proyecto propuesto. Dicho EIR fue adoptado por el Consejo Municipal el 13 de noviembre de 2018, y este proyecto no propone ninguna revisión importante al FEIR del Plan General y no ha ocurrido ninguna de las condiciones descritas en la Sección 15162 de las Normas Estatales de CEQA que exijan la preparación de documentación CEQA adicional.

El cambio de ordenanza no constituye un proyecto dentro del significado de la Sección 15378 de las Normas de CEQA, ni de las Secciones 3.22 y 3.07 de las Normas Locales de 2019 para la Implementación de CEQA, porque no tiene el potencial de producir un cambio físico en el medio ambiente, ya sea directa o indirectamente. Cuando se puede asegurar con certeza que no existe la posibilidad de que la actividad en cuestión tenga un efecto significativo en el medio ambiente, la actividad no está sujeta a CEQA.

Ubicación de la Propiedad : En toda la ciudad
Fecha de Audiencia: 9 de diciembre de 2025
Lugar de Audiencia: Ayuntamiento de la Ciudad de Fontana, 8353 Sierra Avenue, Fontana, CA 92335 Hora de Audiencia: 2:00 p.m.

Si tiene alguna pregunta sobre este proyecto, comuníquese al (909) 350-6728 o por correo electrónico al [email protected].

Si usted contradice ante el tribunal cualquier acción tomada con respecto a un tema de la Audiencia Pública, usted puede estar limitado a plantear solamente aquellas cuestiones que usted o alguien mas planteo en la Audiencia Publica mencionada en este aviso o por correspondencia escrita a la Ciudad de Fontana antes de la fecha de la Audiencia establecida en este aviso.
805
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0702 Agenda Date: 12/9/2025
Agenda #: A. Category: New Business
FROM:

Engineering
SUBJECT:

Introduction and First Reading of Ordinance 1980, an Ordinance of the City Council of the City of Fontana, California, Adding Article IX of Chapter 23 of the Fontana Municipal Code Regarding Prevention of Pollutants into Storm Drains.

RECOMMENDATION:

Introduce and waive further reading of Ordinance No. 1980, adding Article IX of Chapter 23 of the Fontana Municipal Code regarding prevention of pollutants into storm drains.

COUNCIL GOALS:
· To promote the City’s existing infrastructure.
· To operate in a business-like manner.
· To preserve the local environment for generations to come.

DISCUSSION:

The City owns and operates a municipal separate storm sewer system (“MS4”) that collects and transports stormwater flows through the City. The City’s ownership and operation of the MS4 is regulated under various laws and permits, including but not limited to the Federal Water Pollution Control Act (“CWA”), the Porter-Cologne Water Quality Control Act, and Santa Ana Regional Water Quality Control Board Order No. R8-2010-0036, NPDES No. CAS618036 (“Permit”). In particular, the Permit is supposed to be updated every five (5) years and can require municipal code revisions each time a Permit update occurs. As a result, City staff determined that it would be simpler to make stormwater a separate article as it may require more frequent updates and then revise the current stormwater-related requirements to reflect the current permits and laws.

Since the last iteration of the municipal code involving stormwater, there have been significant revisions to the stormwater requirements relating to New Development and Significant Redevelopment that have been included in this ordinance. Revisions have been made to the ordinance to allow the City to impose requirements on previous developments to ensure continued maintenance of the required stormwater infrastructure. Additionally, there have been significant revisions to the City’s authority to enforce, inspect, and impose the fees and penalties adopted in Resolution 25-0415: Adopting Updated and New User Fees for City Service to ensure that the City, through primarily the Public Works Director, has the tools to require compliance with the revised municipal code.

FISCAL IMPACT:

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File #: 26-0702 Agenda Date: 12/9/2025
Agenda #: A. Category: New Business
Revisions to Article IX of Chapter 23 of the Fontana Municipal Code regarding prevention of pollutants into storm drains will allow the City to impose the stormwater-related fees and penalties adopted in Resolution 25-0415: Adopting Updated and New User Fees for City Services.

MOTION:

Approve staff recommendation.

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ORDINANCE NO. 1980

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, ADDING ARTICLE IX OF CHAPTER 23 OF THE

FONTANA MUNICIPAL CODE REGARDING PREVENTION OF
POLLUTANTS INTO STORM DRAINS.

WHEREAS, Article 11, Section 7 of the California Constitution authorizes the City of Fontana (“City”) to make and enforce within its limits all ordinances and regulations not in conflict with general laws; and
WHEREAS, the City owns and operates a municipal separate storm sewer system (MS4) that collects and transports stormwater flows through the City; WHEREAS, the City’s ownership and operation of the MS4 is regulated under various laws and permits, including but not limited to the Federal Water Pollution Control Act (“CWA”), the Porter-Cologne Water Quality Control Act, and Santa Ana Regional Water Quality Control Board Order No. R8-2010-0036, NPDES No. CAS618036; WHEREAS, the Fontana Municipal Code (“FMC”) addresses requirements for uses of the city’s storm drain system in Article IX of Chapter 23; and WHEREAS, the City Council now desires to amend FMC Chapter 23, Article IX, to include requirements on new development and significant redevelopment and other prohibitions and limitations required by the regulations cited above; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS FOLLOWS:

Section 1. Findings. The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are true and correct.

Section 2. CEQA. The City Council further finds that, under Public Resources Code section 21065, adoption of this Ordinance is not a project subject to the California Environmental Quality Act (“CEQA”) and, alternatively, adoption of the Ordinance is exempt from CEQA under CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) section 15061(b)(3), under the general rule that CEQA applies only to projects that have the potential for causing significant effect on the environment. Where is can be seen 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.

Section 3. Chapter 23, Article IX. Article IX in Chapter 23 of the Fontana Municipal Code is hereby deleted and replaced, as set forth in Exhibit “A” attached hereto and incorporated herein.
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Ordinance No. 1980
Section 4. Location and Custodian of Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at Fontana City Hall, 8353 Sierra Avenue, Fontana, California 92335. The City Clerk is the custodian of the record of proceedings.

Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fontana hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any or more sections, subsections, sentences, clauses and phrases may be declared invalid or unconstitutional.

Section 6. Effective Date. This Ordinance shall take effect and be in full force 30 days from and after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in at least three public places within the City, and published once in San Bernardino County Register, a newspaper of general circulation in the City, within 15 days after its passage.

APPROVED AND ADOPTED this 27th day of January 2026.

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 9th day of December 2025, and was finally passed and adopted not less than five days thereafter on the 27th day of January 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
City Clerk of the City of Fontana
_______________________________
Mayor of the City of Fontana
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Ordinance No. 1980
ATTEST:
_______________________________
City Clerk
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EXHIBIT A
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Ordinance No. 1980
ARTICLE IX. - PREVENTING DISCHARGE OF POLLUTANTS INTO STORM DRAINS DIVISION 1 - GENERALLY
Sec. 23-507. - Purpose.

This article sets forth uniform requirements for all uses of the City's MS4.

The purpose of this article is to protect and enhance the water quality of watercourses, water bodies, ground water and wetlands in a manner consistent with federal, state and local laws and regulations, and to implement the requirements of the City's NPDES permit.
(Ord. No. 1442, § 2, 3-2-04
Sec. 23- 508. – Definitions.

Best management practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, source control, any on-sight or off-site treatment control measures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

Biochemical oxygen demand or BOD is the measurement of the dissolved oxygen used by microorganisms in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees Celsius, usually expressed as a concentration (e.g. mg/L).

Building Official means the Building Official of the City of Fontana or the Building Official’s designee.

Chemical oxygen demand or COD is an indicative measure of the amount of oxygen that can be consumed by reactions in a measured solution.

City Engineer means that person designated as the City Engineer of the City of Fontana or the City Engineer’s designee.

City’s NPDES permit means that permit issued to the City as co-permittee by the Regional Water Quality Control Board, Santa Ana region, pursuant to the Federal Clean Water Act and California’s Porter-Cologne Water Quality Control Act, as that permit currently exists or may hereafter be amended.

Construction activity includes, but is not limited to: clearing, grading, demolition, excavation, construction of new structures, any new development, significant redevelopment, other project for which a building, grading or other local permit or approval is required, and reconstruction of existing facilities involving removal and replacement that results in soil disturbance. The term construction activity includes, but is not limited to, all projects that require a construction activity storm water permit. 812
Ordinance No. 1980
Construction discharger means any person who contributes to, causes or permits any materials associated with construction activities to be discharged into the storm drain system.

Discharger means any person who causes or contributes a discharge into the storm drain system.

Illegal discharge means any discharge into the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations, including, without limitation, any discharge that causes, has the potential of causing or contributes to a violation of the City's NPDES permit. The term illegal discharge includes all nonstorm water discharges except discharges made pursuant to an NPDES permit, discharges that fall within the discharge exceptions identified in section 23-511 of this chapter or discharges authorized by the executive officer of the Regional Water Quality Control Board, Santa Ana region.

Illicit connection means any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm water drainage system or any connection to the storm drain system that is not authorized by a NPDES permit or in writing by the City Engineer.

Industrial activity means any activity associated with an industrial development. The term industrial activity includes, but is not limited to, those activities for which an industrial activity storm water permit is required.

Industrial discharger means any person who contributes to, causes or permits any materials associated with industrial activities to be discharged into the storm drain system. Households and private residences shall not be considered industrial dischargers.

Local Implementation Plan or LIP means a requirement by the MS4 Permit and describes how the City of Fontana will implement the requirements of the MS4 permit within its own jurisdiction. Low Impact Development or LID means systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration, use, or any combination thereof of storm water in order to protect water quality and associated aquatic habitat.

Maximum Extent Practicable or MEP means management practices, control techniques, and system design and engineering methods for the control of pollutants taking into account considerations of synergistic, additive, and competing factors, including, but not limited to pollutant removal effectiveness, regulatory compliance, gravity of the problem, public acceptance, social benefits, cost and technological feasibility.

Memorandum of Agreement or MOA means that formal business document signed between the owner(s) and the City of Fontana outlining the responsibilities and roles of each party relating to Water Quality Management Plan and Storm Water BMP 813
Ordinance No. 1980
Transfer, Access and Maintenance that has been approved by and is available from the City’s Engineering Department.

Municipal Separate Storm Sewer System or MS4 or storm drain system means the City’s separate storm sewer system. The MS4 is a system of conveyances (including, but not limited to roads with drainage systems, municipals streets, catch basins, curbs, gutter, ditches, natural drainage features or channels, modified natural channels, manmade channels, or storm drains) designated or used for collecting or conveying storm water. This definition of storm drain system shall not be construed as affecting in any way the City's ownership, use or control of property for municipal liability purposes.

National pollutant discharge elimination system permit or NPDES permit means those permits issued by the State Water Resources Control Board or the Regional Water Quality Control Board, Santa Ana Region pursuant to the Federal Clean Water Act, including but not limited to the CGP and the IGP.

New development means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

Notice of Intent or NOI means an application for coverage under the general storm water permits.

Non-storm water means any liquid, water or other agent which contains pollutants.

Non-storm water consists of all discharges to and from a storm water conveyance system that do not originate from precipitation events (i.e., all discharges from storm water). Non-storm water includes illegal discharges, non-prohibited discharges, and NPDES permitted discharges.

Operating Procedures means Standard Operations Procedures with references to applicable Statewide NPDES General Permits.

Person means an individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. pH means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, expressed in gram equivalents per liter of solution.

Pollutant means any agent that may cause, contribute to or increase the degradation of the water quality of the waters of the United States, including but not limited to dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, 814
Ordinance No. 1980
cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

Public Works Director means that person designated as the Director of the City of Fontana Public Works Department or their designee.

Significant redevelopment means the addition or creation of 5,000 or more square feet of impervious surface on an already developed site. This includes, but is not limited to, additional buildings and/or structures, extension of an existing footprint of a building and construction of parking lots.

Statewide Construction General Permit or CGP mean that permit issues by the State Water Resources Control Board for the construction activities, specifically the general permit for discharges of storm water associated with construction activity, as that permit currently exists or my hereafter be amended.

Statewide Industrial General Permit or IGP means that permit issued by the state water resources control board for industrial activities, specifically the industrial storm water general permit, as that permit currently exists or may hereafter be amended.

Storm water means urban runoff and snowmelt runoff consisting only of those discharges which originate from precipitation events. Storm water is that portion of precipitation that flows across a surface to the storm drain system or receiving waters.

Total suspended solids or TSS means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

Water Quality Management Plan or WQMP means a plan required of new development/redevelopment projects specified in this chapter, outlining appropriate non-structural and structural BMPs, including storm water infiltration and treatment devices, that will be implemented and installed to prevent pollutants from being discharged into the City’s municipal separate storm sewer system, during and after construction.

Waters of the United States means those waters that are more particularly described in 40 CFR section 120.2.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-509. – Authority; duties of Public Works Director.

The Public Works Director shall have the power and duty to administer, implement and enforce the provisions of this article and all rules and regulations concerning the storm drain system. The Public Works Director shall monitor the maintenance and operation of the BMPs and insure that necessary repairs are made thereto. (Ord. No. 1442, § 2, 3-2-04)
Sec. 23- 510. - Prohibited discharges.

No person shall:
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(1) Cause, allow, contribute to or facilitate an illegal discharge into the MS4. (2) Establish, use or maintain any illicit connection, as more fully described in section 23-512.
(3) Cause, permit or authorize any agent, employee or independent contractor to cause, allow, contribute to or facilitate an illegal discharge or establish, use or maintain any illicit connection to the MS4.
(4) Throw, deposit, abandon, maintain, or dispose of any refuse, rubbish, garbage, or other pollutants or wastes that may cause water quality concerns in or upon any street, alley, sidewalk, storm drain, catch basin, or other drainage structure, or upon any public or private piece of property, unless permitted by waste discharge requirements or waiver by the Regional Water Quality Control Board, Santa Ana region.
(5) Discharge or cause to be discharged into any fountain, lake, stream or any other body of water in the City any refuse, rubbish, garbage or other pollutant. (6) Cause, allow, contribute to or facilitate a violation of the City's NPDES permit, including, but not limited to, discharges into the MS4 causing, threatening to cause, or contributing to a condition of pollution, contamination, or nuisance as that term is defined in section 13050 of the California Water Code. (7) Fail or refuse to implement any BMPs when directed to do so by the Public Works Director.
(8) In addition to the prohibitions in subsections (1) through (7) above, discharge any of the following into the MS4:
(A) Sewage;
(B) Wash water resulting from hosing or cleaning, of gas stations, auto repair garages and other types of automobile service station;
(C) Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery or facility, including motor vehicles, concrete mixing equipment, portable toilet servicing, or similar activities. (D) Wash water from mobile auto detailing and washing, steam and pressure cleaning, carpet or upholstery cleaning, pool cleaning and other such mobile commercial or industrial activities;
(E) Water from cleaning of municipal, industrial, and commercial sites, including parking lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas and similar activities; (F) Runoff from material storage areas or uncovered receptacles that contain chemicals, fuels, grease, oil or other hazardous materials or substances that pose a threat to human health or the environment due to their toxicity, corrosiveness, ignitability, explosive nature or chemical reactivity; (G) Discharges of runoff from washing toxic materials from paved or unpaved areas;
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(H) Discharges of pool fountain water containing chlorine, biocides or other chemicals; pool filter backwash containing debris or chlorine; (I) Pet waste, yard waste, litter, debris, sediment or similar wastes; (J) Restaurant or food processing facility wastes such as grease, floor mat and trash bin wash water, food waste or similar wastes.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-511. - Discharge exceptions.

The following discharges shall be conditionally exempt from the definition of illegal discharge, unless the Regional Water Quality Control Board, State Water Resources Control Board, Public Works Director determines the discharge causes or contributes to violations of water quality standards set by the Regional Water Quality Control Board, Santa Ana region or State Water Resources Control Board or the discharge significantly contributes to the pollution of waters of the United States:
(1) Discharges composed entirely of storm water.
(2) Discharges covered under a separate NPDES permit or written clearances issued by the State Water Resources Control Board or the Regional Water Quality Control Board, Santa Ana region.
(3) Discharges from potable water line flushing or other potable water sources.

Line flushing may only occur when proper BMPs are implemented to ensure pollutants of concern do not enter the storm drain.
(4) Discharges associated with air conditioning condensate. (5) Discharges associated with landscape irrigation, lawn garden watering, and other irrigation waters as long as the landscaping and irrigation complies with Chapter 28 Article IV.
(6) Discharges from passive foundation drains, only if the source water drained from the foundation is storm water or uncontaminated ground water. (7) Discharges from passive footing drains, if the water is uncontained. (8) Discharges of water from crawl space pumps, if the water is uncontaminated. (9) Discharges of de-chlorinated water from swimming pools, except that cleaning wastewater and filter backwash shall not be discharged into the MS4. (10) Discharges from non-commercial vehicle washing, such as residential car washing (excluding engine degreasing) and car washing for fundraisers by a bona-fide 501 non-profit organization.
(11) Discharges from diverted stream flows.
(12) Discharges associated with rising ground waters and natural springs, if the groundwater is uncontaminated.
(13) Discharges associated with uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20) and uncontaminated pumped groundwater. 817
(14) Discharges associated with flows from riparian habitats and wetlands. (15) Discharges associated with emergency fire fighting flows. Flows necessary for the protection of life and property do not require BMPs. However, appropriate BMPs to reduce the discharge of pollutants must be implemented to the maximum extent practicable when they do not interfere with health and safety issues.

If the City or any other federal, state or county governmental entity determines that any of the discharges listed above cause or contribute to violations of water quality standards or are significant contributors of pollutants to waters of the United States or water of the State, the City may adopt regulations prohibiting such discharges from entering the storm drain system, authorize the discharge category and ensure that source control BMPs and treatment control are implemented to reduce or eliminate pollutants from the discharge, or require coverage under a separate permit for discharge into the MS4 authorized by the Regional Water Quality Control Board, Santa Ana region or State Water Resources Control Board.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23- 512. - Illicit connections to the storm drain system.

No person shall establish, use or maintain any illicit connection to the storm drain system. This prohibition shall apply retroactively regardless of whether the connection to the storm drain system was permissible under the law or practices applicable at the time of the connection.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-513. - Alterations to the storm drain system.

No person shall, without prior written approval of the Public Works Director:
(1) Construct or modify or cause to be constructed or modified any structure, facility, or items which may interfere with the normal operations of the storm drain system.
(2) Alter the capacity, fall, or structural integrity of a storm drain, storm channel, or any portion of the storm drain system.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23- 514. - Prevention of illegal discharges; BMPs.

All users of the storm drain system shall implement such BMPs as are necessary to prevent illegal discharges.

All industrial and construction discharges shall establish operating procedures to protect against discharges of pollutants into the storm drain system. The operating procedures shall be available to the Public Works Director if the Public Works Director finds it is necessary.
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(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-515. - Compliance with best management practices (BMPs).

Any person undertaking any activity or operation in the City that could potentially cause or contribute to storm water pollution or a discharge of non-storm water to the City’s MS4 shall comply with all applicable best management practices (BMPs) as listed in the current version of the California Storm Water Quality Association’s Best Management Practices Handbooks for the relevant activity or the current county storm water program’s “Report of Waste Discharge,” to reduce pollutants in storm water runoff and reduce non-storm water discharges to the City’s MS4 to the maximum extent practicable or to the extent required by law.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-516. - Containing spills.

The Public Works Director shall establish regulations to control and contain spills of hazardous or toxic substances which could pollute the storm drain system if not contained. Each industrial discharger shall install a spill containment system to conform to the requirements established by the Public Works Director. No person shall operate a spill containment system that allows incompatible liquids to mix and create hazardous or toxic substances. Spill containment systems shall consist of a system of dikes, walls, barriers, berms, secondary vessels, or other devices designed to contain spillage of the liquid contents of containers. Spill containment systems shall be constructed of impermeable and non-reactive materials to the liquids contained. Spill containment systems shall conform to local regulations and policies as to percent containment and container size and type.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-517. - Notification of accidental discharge.

Any person who causes, participates in or has knowledge of a spill of any type of material that may lead to an illegal discharge shall report the spill to the Public Works Director by phone, email or facsimile within twenty-four (24) hours of the spill.

Within five (5) working days following a spill which results in an illegal discharge, the person responsible for the spill shall submit a written report to the Public Works Director. The report shall describe in detail the type and volume of the material spilled, the cause of the spill, clean-up actions taken, and measures to be taken to prevent future accidental spills.

All industrial, commercial, and construction discharges shall post a notice at their place of business advising their employees to contact the City and applicable federal and state offices in the event of an accidental spill of any type of material that may lead to an illegal discharge.
(Ord. No. 1442, § 2, 3-2-04)
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Sec. 23-518. - Regulation of construction and industrial dischargers. (a) Construction dischargers, including discharges from new development and significant redevelopment. Any person causing or responsible for a construction activity, including a new development or significant redevelopment project, shall do all of the following:
(1) Comply with the CGP and file with the appropriate agency a notice of intent to be covered by that permit, if applicable. This includes development and implementation of a storm water pollution prevention plan (SWPPP) and Erosion and Sediment Control Plan (ESCP).
(2) Provide the Building Official with a copy of the waste discharge identification number issued as evidence of coverage under the Statewide Construction General Permit, if applicable.
(3) Apply for, obtain and comply with all building, grading and other local permits required for the construction activity.
(4) Implement any BMPs necessary to prevent illegal discharges, any BMPs that are conditions of any building, grading or other local permit and any BMPs imposed by the Building Official.
(5) Document and maintain records on the effectiveness of such BMPs implemented to reduce the discharge of pollutants.
(6) Prepare and implement a City approved WQMP or equivalent as required by the City in accordance with this article.
(7) Refrain from violating or causing a violation of the City's NPDES permit. (8) Penalties. Construction dischargers who fail to comply with the provisions of their NPDES permit or this Chapter including, but not limited to, those provisions prohibiting unauthorized discharges; requiring installation and maintenance of BMPs; and/or having, maintaining, and complying with the SWPPP and ESCP may be subject to additional penalties that shall be adopted by resolution and subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees.
(b) Industrial and commercial dischargers. Any person causing or responsible for commercial and industrial discharge shall do all of the following:
(1) Comply with the IGP and file with the appropriate agency a notice of intent to be covered by that permit, if the discharger operates facilities described in 40 CFR 122.26(b)(14)(i)-(xi). This includes development and implementation of a storm water pollution prevention plan.
(2) Provide the Public Works Director with a copy of the waste discharge identification number issued as evidence of coverage under the industrial activity storm water permit, if applicable.
(3) Apply for, obtain and comply with all building, grading and other local permits required for the industrial development.
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(4) Implement any BMPs necessary to prevent illegal discharges, any BMPs that are conditions of any building, grading or other local permit and any BMPs imposed by the Building Official.
(5) Document and maintain records on the effectiveness of such BMPs implemented to reduce the discharge of pollutants
(6) Prepare or implement a WQMP or equivalent as required by the City in accordance with this article.
(7) Refrain from violating or causing a violation of the City's NPDES permit. (8) Penalties. Industrial uses who fail to comply with the provisions of their NPDES permit or this Chapter including, but not limited to, those provisions prohibiting unauthorized discharges and illicit connections, operating without an NPDES Permit, and/or complying with the SB 205 Business Licenses Stormwater Discharge Compliance Form may be subject to additional penalties that shall be adopted by resolution and subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-519. - Compliance with federal, state, and local regulations.

No person may engage in construction or industrial activities within the City which create non-storm water discharges regulated by the EPA, the State Water Resources Control Board and/or the Regional Water Quality Control Board, Santa Ana region and/or this article, unless that person conducts his or her activities pursuant to the rules and regulations set forth in Title 40, Parts 122, 123 and 124 of the Code of Federal Regulations.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-520. - Evidence of compliance.

No person shall engage in any construction or industrial activity, unless such person obtains all permits required by federal, state, county or City regulations and provides evidence to the Public Works Director that he or she has taken measures to control illegal discharges and has obtained all necessary permits. (Ord. No. 1442, § 2, 3-2-04)
Sec. 23-521. - Falsifying information.

No person shall:
(1) Knowingly make any false statement or representations to the Public Works Director.
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(2) File any false record report, plan, or other document with the City to avoid compliance with this chapter.
(3) Any person who falsifies, tampers with or knowingly renders inaccurate monitoring devices or methods required under this chapter, shall have violated this chapter and shall be guilty of a misdemeanor.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-522. - Damage to monitoring equipment and storm drain system.

No person shall break, damage, deface, destroy or tamper with monitoring equipment used to ensure compliance with this article. No person shall damage or interfere with the storm drain system. Any person who damages the storm drain system or monitoring equipment shall be liable to the City for all damages, including fines and penalties, and administrative costs related thereto.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-523. - Removal of potential pollutants.

The Public Works Director may order a property or business owner to remove any materials, pollutants or substances on his or her property or business which may lead to an illegal discharge or otherwise cause water quality concerns.

Sec. 23-524. Reserved.

Sec. 23-525. Reserved.

Sec. 23-526. Reserved.

Sec. 23-527. Reserved.

Sec. 23-528. Reserved.

Sec. 23-529. Reserved.

Sec. 23-530. Reserved.

Sec. 23-531. Reserved.

Sec. 23-532. Reserved.

Sec. 23-533. Reserved.

Sec. 23-534. Reserved.

Sec. 23-535. Reserved.

Sec. 23-536. Reserved.
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(Ord. No. 1442, § 2, 3-2-04)
DIVISION 2 – NEW DEVELOPMENT AND SIGNIFICANT REDEVELOPMENT Sec. 23-537. – Water Quality Management Plan; compliance and implementation.

The City Engineer shall have the authority to require the preparation and implementation of a WQMP for any development, redevelopment, utility, or road improvement project within the City limits.
(a) Prior to application submittal for plans examination, grading permit, building permit, or entitlement, a WQMP shall be prepared and submitted to the authorized City representative for all priority projects subject to this requirement under the applicable MS4 permit. The WQMP submittal requirement applies to construction projects covered by the Construction General Permit as well as construction projects with land disturbance of less than one acre. Qualifying development/redevelopment projects include:
(1) All significant redevelopment projects - defined as the addition or replacement of 5,000 or more square feet of impervious surface on an already developed site subject to the discretionary approval of the City.

Significant redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of the facility, or emergency redevelopment activity required to protect public health and safety. Where redevelopment results in an increase of less than 50 percent of the impervious surfaces of a previously existing developed site, and the existing development was not subject to WQMP requirements, the numeric sizing criteria discussed in Section 4 of the of the San Bernardino County Stormwater Program Technical Guidance Document for Water Quality Management Plans, effective September 19, 2013, (WQMP Technical Guidance Document) and any amendments to that WQMP Technical Guidance Document shall apply only to the addition or replacement, and not to the entire developed site. Where redevelopment results in an increase of 50 percent or more of the impervious surfaces of a previously existing developed site, the numeric sizing criteria discussed in Section 4 of the current version of the WQMP Technical Guidance Document shall apply to the entire developed site. (2) All new development projects that create 10,000 square feet or more of impervious surface (collectively over the entire development project site), including commercial, industrial, residential housing subdivisions (i.e., detached single-family home subdivisions, multifamily attached subdivisions or townhomes, condominiums, apartments, etc.), mixeduse, and public projects. New development projects include projects on public and private land that fall under the planning and building authority of the permitting jurisdiction.
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(3) New development or significant redevelopment of automotive repair shops (with SIC Codes 5013, 5014, 5541, 7532-7534, 7536-7539) where the project creates, adds and/or replaces 5,000 square feet or more of impervious surface.
(4) New development or significant redevelopment of eating places (with SIC Code 5812) where the land area of project is 5,000 square feet or more.
(5) All hillside developments of 5,000 square feet or more that are located on areas with known erosive soil conditions or where the natural slope is 25 percent or more.
(6) Developments of 2,500 square feet of impervious surface or more adjacent to (within 200 feet) or discharging directly into Environmentally Sensitive Areas or water bodies listed on the Clean Water Act, section 303(d) list of impaired waters.
(7) Parking lots of 5,000 square feet or more of impervious surfaces exposed to storm water. The term “parking lot” is defined as land area or facility for the temporary parking or storage of motor vehicles. (8) New development or significant redevelopment of retail gasoline outlets that are either 5,000 square feet or more or have a projected average daily traffic of 100 or more vehicles per day.
(9) Non-priority/non-category projects may be required by the City to implement applicable site design LID and LIP requirements. (b) Preliminary project-specific WQMPs shall be submitted as early as possible during the environmental review or planning phase (land use entitlement).

The final project-specific must be consistent with the preliminary projectspecific WQMP. The City may require additional information and submittals for final approval.
(c) The WQMP shall be prepared in conformance with the WQMP Technical Guidance Document, or its successor, and template documents and other related guidance documents.
(d) The WQMP shall incorporate and implement site design, source control and/or treatment control BMPs to minimize runoff, increase onsite infiltration, and improve water quality as necessary to meet current MS4 Permit requirements. The WQMP must prioritize the use of LID treatment control measures and explain why LID treatment control measures cannot be used in order to propose another BMPs. The WQMP shall identify all BMPs that will be incorporated into the project to control post-construction storm water and non-storm water quality and quantity and shall be revised as necessary during the life of the project.
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(1) The owner(s) shall demonstrate that the proposed structural BMPs will infiltrate, and/or adequately treat, the projected storm water and urban runoff for the development project using the design standards for structural BMPs as specified in the applicable MS4 permit. (2) All WQMPs shall include a maintenance schedule for all source control and treatment control BMPs, the owner(s) signed statement of responsibility for continued BMP maintenance, and a plan for continued maintenance responsibilities which must include signing a MOA as described in Sec 23-539.
(e) No Certificate of Occupancy shall be issued for a
development/redevelopment project without ensuring that all treatment control BMPs have been constructed as specified in the approved WQMP and will be maintained in compliance with the requirements of the municipal NPDES permit.
(f) Owner(s) shall submit and have approved an application to amend an approved WQMP prior to altering any BMP design, size, material, manufacturer, or specification. If a BMP is altered without approval, owner(s) shall restore the BMPs back to the original specifications in the approved WQMP. Altering a BMP without prior approval may result in enforcement actions.
(g) The City may, at its discretion, require updates and amendments to a previously approved WQMP when conditions warrant, up to and including:
change or alteration in use of property, change or alteration of pollutant loads, inadequate pollutant removal BMPs, or any other circumstance where it can be established that current site conditions do not comply with the provisions of this chapter.
(h) Establishment of a Regulatory Fee. The City Council may establish a regulatory fee by Resolution and may from time to time adjust the fee by Resolution to recover the reasonable cost of permit issuance, administration, inspections, sampling, metering, and monitoring by the City Engineer. Such fee shall cover, but not exceed, the full cost of permit issuance, administration, inspections, sampling, metering, and monitoring and shall be allocated in a manner that bears a fair and reasonable relationship to the activities of the fee payers that are relative to the need for the WQMP.
(i) Compliance with the conditions and requirements of a WQMP shall not exempt any person from the requirement to independently comply with each provision of this article.
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Sec. 23-538. – Installation of Structural source control and treatment control BMPs In general, treatment control measures must be located within the new development or significant development project except as specified by the City’s NPDES Permit. If the City approves treatment control measures outside the new development or significant redevelopment project, ownership of the treatment control measures will follow ownership of the new development or significant redevelopment project as described in 23-540.

Sec. 23-539. - Memorandum of agreement (MOA).

The owner(s) of any parcel subject to the development of a WQMP or any other residential tracts with structural source control or treatment control BMPs shall enter into a legally enforceable agreement with City, which, in consideration of project approval and/or connection to the storm drain system, the owner(s) agree to maintain postconstruction source control, treatment control BMPs and other related features. A standard agreement form, or Memorandum of Agreement, has been approved by and is available from the City’s Engineering Department. The MOA shall be executed by the owner(s) and shall be recorded with the County of San Bernardino’s Assessor-RecorderCity Clerk. (a) The MOA agreement shall require the owner(s) to maintain, repair, and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. The MOA agreement shall require the owner(s) to identify, fund, and continue to fund an available source of funding for the maintenance In addition, it shall grant to the City a right of entry in the event that the City Engineer if the City Engineer has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the BMP; however, in no case shall the right of entry, of itself, confer an obligation on the City to assume responsibility for the BMP.
(b) The MOA shall be binding on all current and subsequent owners of the site, portions of the site, and/or lots or parcels served by the BMP. Until such time that the transference of all property, sites, or lots served by the BMP is completed per section 23-542, the owner(s) listed in the recorded MOA shall have primary responsibility for carrying out the provisions of the agreement. Owner(s) shall provide notice of the transfer, sale, or deed of all property, sites, or lots served by the BMP to the City’s Engineering Department.
(c) The MOA shall require the Owner(s) to comply with the recordkeeping requirements articulated in 23-543.
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Sec. 23-540. - Ownership of parcels subject to BMP maintenance requirements.

Owner(s) of a parcel or parcels subject to a requirement for maintenance of structural BMP features, shall:
(1) Assume responsibility for maintenance and operation of any existing structural BMP feature to at least the MEP standard;
(2) Conduct BMP maintenance and inspections as required in the approved WQMP;
(3) Ensure that all structural BMP features are inspected at the frequency set forth in the approved WQMP, and retain proof of such inspections for a minimum of three years;
(4) Replace any degraded structural BMP feature with new control measures, or BMP features, meeting the then current standards of the City; and (5) Shall not be free of liability and shall not be precluded from maintenance, operation, repair, or replacement of BMPs should they not possess knowledge that structural BMP features exist.

Sec. 23-541. - Transfer of ownership of parcels subject to BMP maintenance requirements.

The transfer, sale, or deed of a parcel or parcels subject to a requirement for maintenance of structural BMP features, shall include conditions requiring a transferee, and a transferee’s successors and assigns, to:
(1) Assume responsibility for maintenance and operation of any existing structural BMP feature to at least the MEP standard;
(2) Conduct BMP maintenance and inspections as required in the approved WQMP;
(3) Ensure that all structural BMP features are inspected at the frequency set forth in the approved WQMP and/or MOA, and retain proof of such inspections for at least three years;
(4) Replace any degraded structural BMP feature with new control measures, or BMP features, meeting the then current standards of the City; (5) For conditions, covenants, and restrictions for properties which include structural BMP features that are to be maintained by a property or homeowner’s association, such conditions, covenants and restrictions shall provide for maintenance of the BMP features by the association; 827
(6) Any deed transferring title to said property shall include a reference to owner(s) agreement with the City under Section 23-539, which is applicable to owner(s) successors and assigns, and the BMP features that are to be maintained by the successor owner; and
(7) If property, on which structural BMP features are located, is to be dedicated to a governmental agency, the transferor shall remain responsible for the BMP features until the agency provides a signed assumption of responsibility and confirmation that structural BMP features meet agency design standards.

Sec. 23-542. – Records.
(a) Owner(s) shall maintain a copy of the approved WQMP readily accessible at each address associated with WQMP. Owner(s) shall maintain a copy of the approved WQMP readily accessible on themselves if Owner(s) maintains an office at an address different from the project WQMP.
(b) Owner(s) of each structural BMP shall keep records of inspections, maintenance, and repairs for a minimum of three years from the date of creation of the record and shall submit the same upon request of the Building Official, City Engineer or Public Works Director.

Secs. 23-543. – WQMP Fees and Penalties.
(a) If the Public Works Director has required a WQMP, the Public Works Director may also require a WQMP inspection fee.
(b) If the Public Works Director has required a WQMP and determines that the WQMP has not complied with, the Public Works Director may also require a WQMP non-compliance re-inspection fee.
(c) The Public Works Director may levy penalties for failure to comply with the provisions of this Division including, but not limited to, those provisions requiring WQMP structural equipment and BMP installation and maintenance. (d) All penalties and fees in this section shall be adopted by resolution and subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees.

Sec. 23-544. Reserved.

Sec. 23-545. Reserved.

Sec. 23-546. Reserved.

Sec. 23-547. Reserved.
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Sec. 23-548. Reserved.

Sec. 23-549. Reserved.

DIVISION 3. – ENFORCEMENT
Sec. 23-550. - Inspection and repair; authority to enter. (a) The Public Works Director may inspect the premises of any person, business, discharger, or entity subject to the provisions of this article. The Public Works Director may:
(1) Conduct industrial and commercial inspections, sample waters and discharges, monitor construction activity, and other activities to determine compliance with the provisions of this article.
(2) Review records, reports, test results, or other information required to determine compliance with the provisions of this article and permits. (3) Inspect any wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations. (4) Inspect the premises of any person, business, discharger, or entity for which a WQMP has been prepared to determine whether the BMPs associated with the project WQMP are being installed, implemented, maintained, and continue to function as designed. Owner(s) shall maintain on-site, at all times, the necessary tools and personnel to access each BMP. (5) Take any other action necessary to determine compliance with the provisions of this article.
(b) Inspections may be conducted as routine inspections, re-inspections, random inspections, inspections based upon complaints or other notice of possible violations, and joint inspections with other agencies inspecting under environmental or safety laws. Inspection fees may be assessed for routine inspections and re-inspections. The inspection fees shall be adopted by resolution and shall be subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees.
(c) All dischargers shall allow the Public Works Director ready access at all reasonable times to all parts of their premises for the purpose of making inspections, sampling discharges, examining and copying of records, taking of photographs and video, and carrying out their duties as set forth in this article.

Where a discharger has security measures in force which would require proper identification and clearance before entry into the discharger's premises, the discharger shall make necessary arrangements with its staff so that, upon presentation of suitable identification, the Public Works Director will be permitted to enter, without delay, for the purpose of performing inspection and sampling. 829
No person shall obstruct, hamper, or interfere with the Public Works Director while carrying out his or her official duties. Unreasonable delays in allowing the Public Works Director access to the discharger’s premises shall be a violation of this article.
(d) If the Public Works Director has reasonable cause to believe that non-storm water discharge conditions on or emanating from certain premises are hazardous, unsafe, or dangerous and require immediate inspection to safeguard the public health or safety, the Public Works Director shall have the right to immediately enter and inspect the property, and may use any reasonable means required to effect such entry and make such inspection, whether the property is occupied and whether or not formal permission to inspect has been obtained. (e) The Public Works Director shall exercise their rights under this article in a manner consistent with the applicable law, and no inspections or other actions are authorized under this section if such action would violate the rights of the person which is the subject of the action.
(f) Such inspection may include the necessity to photograph or videotape any applicable chemicals, materials, wastes, storage areas, storage containers, waste generating processes, treatment facilities, and discharge locations. (g) If the Public Works Director has reasonable cause to believe that an illicit discharge non-storm water discharge conditions on or emanating from the premises are of a nature so as to require immediate inspection to safeguard public health or safety, the Public Works Director shall have the right to immediately enter, inspect, and repair said property and may use any reasonable means required to effect such entry and make such inspection, regardless if said property is occupied or unoccupied and regardless if formal permission to inspect said property has been obtained. In the case that the City performs emergency repairs, the City may issue an invoice for costs. An invoice for costs is immediately due and payable to the City for the actual costs incurred by the City. If any owner or occupant, permittee or any other person subject to an invoice for costs fails to either pay the invoice for costs or successfully appeal the invoice for costs in accordance with Section 23-20, then the enforcing attorney may institute collection proceedings.

Sec. 23-551. – Enforcement; generally.
(a) The City may take any enforcement action or combination of enforcement actions provided in this article against any person who violates or threatens to violate any provision of this chapter. The remedies in this article are cumulative to any remedies provided in this Code or available under any applicable law and not exclusive.
(b) Responsible persons/entities. Any person who erects, constructs, reconstructs, alters (whether actively or passively), operates, or maintains or who fails to erect, construct, reconstruct, alter, repair, operate, or maintain any structure, 830
facility, improvement, BMP, practice, or condition in violation of this chapter; as well as any person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this chapter or fails to take appropriate action so that a violation of this chapter results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this section. For the purposes of this chapter, responsible persons/entities shall include but not be limited to:
(1) Any person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this chapter or fails to take appropriate action so that a violation of this chapter results or persists. (2) The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for storm water BMPs pursuant to a private agreement or public document, or any person who has control over, or responsibility for, the use, development, or redevelopment of the property.
(3) Any owner, person, tenant or occupant of land on which the violation occurs, and who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this chapter or fails to take appropriate action so that a violation of this chapter results or persists, regardless if the owner, person, tenant or occupant possessed knowledge of provision of this chapter, permit requirement, or approved WQMP, its implementation or maintenance requirements.
(c) Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this chapter or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this chapter is unlawful and shall constitute a violation of this chapter. (d) Each day a separate offense. Each day that a violation continues shall constitute a separate and distinct violation or offense.
(e) Recovery of costs. If any discharger fails to comply with any provision of this chapter, meet the requirements of any permit or WQMP and additional inspections are, therefore, required, such dischargers shall be liable for the cost of additional inspection and any improvements, repairs, modifications, or maintenance necessary. These costs may be recovered through additional inspection fees to cover permit inspection and administration expenses. (f) In addition to any other remedies provided by this Code or available to the City under applicable law, the City may enforce violations of this chapter through the administrative, civil or criminal procedures described herein. 831
(g) In any action to enforce this chapter, the burden is on the person who is the subject of such action to establish that a discharge was within the scope of a non-prohibited discharge.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-552. – Administrative Enforcement
(a) The Public Works Director in accordance with the provisions of Article XI of Chapter 2 of this Code is authorized to enforce violations of this chapter through the means set forth in Article I of Chapter 23 of this Code. (b) NOC. Whenever the Public Works Director finds that any person threatens to violate or has already violated any prohibition, limitation, or requirement contained in this chapter, any sewer, any NPDES permit, City permit, or the basin plan, the City may serve upon such person a written notice of correction stating the nature of the violation, the penalties for continued noncompliance, and the necessary actions that must be implemented to correct the situation. The NOC shall stipulate a time period by which the problem must be corrected. Issuance of an NOC may require a compliance monitoring fee that is subject to an inspection fees adopted by resolution that is subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees. Issuance of a NOC shall not be a bar against, or a prerequisite for, taking any other action against the person. Nothing in this section shall limit the authority of the Public Works Director to take any action, including emergency actions or any other enforcement action.
(c) NOV.
(1) When the Public Works Director finds that any person has failed to comply with a NOC or has violated or continues to violate any prohibition, limitation or requirement contained in this chapter, any NPDES permit, City permit, or the basin plan, the City may serve upon such person a written notice of violation stating the nature of the violation and the penalties for noncompliance. At a minimum, the notice of violation shall require that the person submit to the Public Works Director within a time period specified in the notice, a plan indicating the cause of the violation and corrective actions which will be taken to prevent recurrence. The time period for submittal shall not exceed more than thirty (30) days. Nothing in this section shall limit the authority of the Public Works Director to take any action, including emergency actions or any other enforcement action. (2) A person shall be guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by the person.
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(3) Pursuant to Government Code sections 53069.4 and 36900(b), the following violation assessments will apply to the issuance of a notice of violation by Public Works Director:
(A) A first notice of violation may be issued for a first violation of this chapter and may be punishable by a fine of $100.
(B) A second notice of violation shall be issued for a second violation of this chapter within one year and shall be punishable by a fine of $200. (C) A third notice of violation shall be issued for a third violation of this chapter within one year and shall be punishable by a fine of up to $500. (D) Notwithstanding subparagraphs (A) through (C), a violation that causes or threatens to cause harm to persons or the environment may be issued a fine for the first and any following violation of $500 per violation per day. (d) Administrative Compliance Meeting. The Public Works Director may require a IGP discharger to attend a non-compliance meeting with City staff which is intended to assist the discharger with correcting the IGP discharger’s non-compliance. If a noncompliance meeting is required, the City may charge the discharger a fee. (e) Administrative Orders
(1) Stop work order. The Public Works Director or City Engineer may issue an order identifying the provision(s) of this chapter or applicable permit or order that has been violated and directing any or all work or activities causing or contributing to the noted violation to immediately stop. A person ordered to stop any work or activity in accordance with this section must not restart the work or activity until the City has verified that corrective actions have been implemented and authorizes work or activities to resume. A stop work order shall require the discharger to pay a one thousand dollar ($1,000) penalty fee to the City for the issuance thereof.
(2) Administrative compliance order. The Public Works Director may issue an administrative compliance order to any discharger who fails to correct a violation of this chapter, any NPDES permit or the Basin Plan. The order shall be in writing, specify the violation(s) and require appropriate compliance measures within a specified time period. The administrative compliance order may include the following terms and requirements:
(A) Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge or illegal connection or to prevent the imminent threat of a prohibited discharge; (B) Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to contact storm water;
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(C) Installation of storm water treatment devices, containment structures, wash racks and addition and removal of storm water drains; (D) Any other terms or requirements reasonably calculated to prevent imminent threat of or continuing violations of this chapter, including, but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, state or regional agency.

The Public Works Director may adopt a proposed compliance schedule submitted by the user or may adopt a revised compliance schedule if in his judgement, the proposed compliance schedule would allow the user to cause harm to the receiving waters and/or the City's storm drainage system. An administrative compliance order shall require the discharger to pay a one thousand dollar ($1,000) penalty fee to the City for the issuance thereof. (3) Cease and desist order. The Public Works Director may issue a cease and desist order to direct the owner or occupant of any property and/or any other person responsible for a violation of this chapter to:
(A) Immediately discontinue any illicit connection or prohibited discharge to the MS4;
(B) Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter; (C) Immediately discontinue any other violation of this chapter; (D) Immediately clean up all areas affected by the violation; and/or (E) Cease and desist with any or all continued work on a project (i.e., a stop work order) until such time as appropriate BMPs are implemented, the prohibited discharge is eliminated, or other appropriate actions are taken to ensure compliance with this chapter.

No cease and desist order is to be stayed, tolled or otherwise put on hold as a result of any administrative or other legal challenge to its terms. A cease and desist order is only to be stayed, tolled or put on hold where required as a result of the administrative review process or by a court of competent jurisdiction. A cease and desist order shall require the discharger to pay a one thousand dollar ($1,000) penalty fee to the City for the issuance thereof. (f) Permit revocation or denial. The Public Works Director may suspend, revoke, or deny a permit, license, or other approval for a development project or deny future permits on the project in accordance with the hearing procedures set forth in Section 23-559. (g) Invoice for costs. The Public Works Director may deliver to the owner or occupant of any property, any permittee and/or any other person who becomes subject to an administrative order, an invoice for costs. An invoice for costs is immediately due and payable to the City for the actual costs incurred by the City in issuing and enforcing any 834
notice or order, including any costs incurred by the City to prevent, contain and/or clean up any potential or actual discharges to the MS4. If any owner or occupant, permittee or any other person subject to an invoice for costs fails to either pay the invoice for costs or successfully appeal the invoice for costs in accordance with Section 23-20, then the enforcing attorney may institute collection proceedings.

Sec. 23-553. – Inspection Fees.
(a) Inspection Fees. Industrial users and construction dischargers shall pay the applicable annual inspection fees and if necessary, the non-compliance re-inspection fees. The inspection fees shall be adopted by resolution and may be subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees.
(b) Business License Inspection Fees. Business license inspection fees shall be collected on an annual basis for those businesses requiring regular compliance inspections. Affected businesses shall include industrial businesses subject to the IGP and other industrial and commercial sites/sources that the City determines may contribute a significant pollutant load to the MS4. The inspection fees shall be adopted by resolution and shall be subject to periodic review and revision by resolution, as part of the City's updated and modified schedule of service fees, inspection fees and processing fees.

Sec. 23-554 – Compensation for Damages
Any person who damages monitoring equipment, has the potential to affect or affects human health or the environment; discharges pollutants into the City's storm drainage system which causes or has the potential to cause increased maintenance of the system, non-routine inspection or sampling of the system, system blockages or other damage or interference to the MS4; or causes any other damages, including the imposition of fines or penalties on the City by Federal, State or local regulatory agencies, shall be liable to the City, as applicable, for all damages and additional costs, including fines and penalties. An administrative fee, which shall be fixed by the City Manager based on the City's current overhead cost allocation percentage, shall be added to these charges and shall be payable to the City within thirty (30) calendar days of invoicing.

Sec. 23-555. - Public nuisance.
(a) Any violation of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance and the Public Works Director or City Attorney may commence 835
an action or actions for the abatement thereof, in accordance with the procedures described in Chapter 18 of this Code.
(b) Notwithstanding anything in this chapter to the contrary, the City may take all action necessary to inspect, investigate, assess, remedy or otherwise abate any discharge of a pollutant on or into any public property, including all publicly owned portions of the MS4. (c) The cost of such abatement shall be borne by the owner of the property where the public nuisance occurs. The costs thereof may become a lien upon and against the property, if the costs are not paid and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner, the property may be sold in satisfaction thereof in a like manner provided by law.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-556. - Notices.

Unless otherwise specifically provided, all notices required under this chapter shall be given in writing and served by messenger or by first class, certified or registered mail. Notice shall be deemed received as follows, depending upon the method of transmittal:
(1) By messenger, as of the date delivered; or
(2) By United States mail, first class, certified or registered, as of 72 hours after deposit in the United States mail, or
(3) By electronic mail (e-mail), as of the date delivered. (Ord. No. 1442, § 2, 3-2-04)
Sec. 23-557. - Civil penalties.

In addition to any other remedies provided by this Code or available to the City under applicable law, the City, through its City Attorney, may enforce violations of this chapter by filing a complaint in a superior court seeking any applicable civil remedies, including, without limitation, declaratory or injunctive relief.

In any such action commenced by the City Attorney, the City shall be entitled to recover its reasonable costs and expenses, including reasonable attorney's fees and expert expenses.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any other action. The City may institute further legal action to collect such penalties in the 836
event that the violator of this chapter fails or refuses to pay said penalty within thirty (30) days from the date that it has been assessed.
(Ord. No. 1442, § 2, 3-2-04)
Sec. 23-558. - Criminal prosecution.

Any person violating any of the provisions of this chapter or failing to comply with any mandatory requirement from the City shall be guilty of a misdemeanor and shall be subject to a fine not to exceed One Thousand Dollars ($1,000), or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offence for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and shall be punished accordingly.
(Ord. No. 1442, § 2, 3-2-04)
Sec 23-559. – Reserved Administrative Hearings and Appeals. (a) Any person who violates any provision of this chapter, or any permit or order issued hereunder, or any person subject to an order, waiver, permit condition, permit modification, disapproval of a permit application, or any other decision made by the Public Works Director, may request — or the Public Works Director may order — an administrative hearing. An administrative hearing officer not directly involved in the enforcement of this chapter shall preside over the hearing, at which each party shall have the right to present evidence.
(1) The person requesting an administrative hearing may request a stay of the challenged decision or action during the pendency of the administrative hearing.

The Public Works Director may grant such a request if the Public finds that granting the stay does not threaten public health or safety, including damage to the sewer or storm water systems.
(2) Notwithstanding subsection (1), the imposition of fines or penalties shall be automatically stayed during pendency of the administrative hearing, unless the Public Works Director or administrative hearing officer determines that such a stay would threaten public health or safety.
(b) The city shall serve written notice on the person subject to the hearing. The notice shall specify the time and place of the hearing, the challenged action or violation, and the proposed enforcement action, if any. For administrative hearings regarding proposed enforcement actions under this chapter, the notice shall direct the person subject to the enforcement action to show cause before the hearing officer why the proposed enforcement action should not be taken. The notice of hearing shall be served 837
personally or by registered or certified mail, return receipt requested, at least ten (10) days and no more than sixty (60) days before the hearing. Service may be made on any agent or officer of the person.
(c) Such a hearing shall not be a bar to, or a prerequisite for, taking any other authorized action against the person.
(d) Administrative hearing decisions issued pursuant to this chapter may be appealed to the City Manager. The City Manager may amend, modify, confirm, or reject any such decision, provided that the purpose and intent of this chapter are not violated.

The City Manager’s determination shall constitute the final administrative decision of the city.
(1) The person requesting an appeal may request a stay of the administrative hearing decision during the pendency of the appeal. The City Manager may grant such a request if the City Manager finds that granting the stay does not threaten public health or safety, including potential damage to the sewer or storm water systems.
(2) Notwithstanding subsection (1), the imposition of fines or penalties shall be automatically stayed during the appeal period, unless the Public Works Director, administrative hearing officer, or City Manager determines that such a stay would threaten public health or safety.
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0712 Agenda Date: 12/9/2025
Agenda #: B. Category: New Business
FROM:

Development Services
SUBJECT:

Introduction and First Reading of Ordinance No. 1981, an Ordinance of the City Council of the City of Fontana, County of San Bernardino, California, Amending Fontana Municipal Code Sections 15-820 (Permits Required) and 15-821 (Review Of Permit Application; Decision) to Comply with New State Law and Help Protect the City’s Community by Effectively Regulating the Sale of Food, Goods, and Merchandise that Create a Health and Safety Danger.

RECOMMENDATION:

Introduce and waive further reading of Ordinance No. 1981 (“Ordinance”), amending Fontana Municipal Code (“FMC”) Sections 15-820 (Permits Required) and 15-821 (Review of Permit Application; Decision) to comply with new State law (SB 635) and to protect the community by effectively regulating the sale of food, goods, and merchandise that pose a significant potential health and safety risk to the public.

COUNCIL GOALS:
· To comply with State law and help protect the City’s community by effectively regulating the sale of food, goods, and merchandise that have a significant potential for creating a health and safety danger to the public.

DISCUSSION:

California Constitution, article XI, section 7, authorizes the City to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with the general laws.

Government Code section 51038 authorizes the City to regulate sidewalk vending to help protect public health and safety. The City has previously adopted FMC chapter 15, article XVII (Sidewalk Vending) to regulate sidewalk vending within the City. The City must amend its Sidewalk Vending Ordinance to comply with new restrictions from SB 635 effective January 1, 2026.

FISCAL IMPACT:

There is no direct fiscal impact from this item.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 5/11/2026
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ORDINANCE NO. 1981

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,

COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING FONTANA
MUNICIPAL CODE SECTIONS 15-820 (PERMITS REQUIRED) AND 15- 821 (REVIEW OF PERMIT APPLICATION; DECISION) TO COMPLY
WITH NEW STATE LAW AND HELP PROTECT THE CITY’S

COMMUNITY BY EFFECTIVELY REGULATING THE SALE OF FOOD,

GOODS, AND MERCHANDISE THAT CREATE A HEALTH AND SAFETY
DANGER
WHEREAS, California Constitution, article XI, section 7, authorizes the City of Fontana (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with the general laws.

WHEREAS, Government Code section 51038 authorizes the City to regulate sidewalk vending to help protect public health and safety.

WHEREAS, Senate Bill number 635, effective January 1, 2026, changes the law regarding regulation of sidewalk vending.

WHEREAS, the City has previously adopted Fontana Municipal Code (“FMC”) chapter 15, article XVII (Sidewalk Vending) to regulate sidewalk vending within the City.

WHEREAS, the City now desires to amend FMC sections 15-820 (Permits Required) and 15-821 (Review of Permit Application; Decision) to comply with State law and help protect the City’s community by effectively regulating the sale of food, goods, and merchandise that have a significant potential to create health and safety danger.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein.

Section 2. FMC section 15-820 (Permits Required) is hereby amended, and is to read in its entirety as follows:
15-820 Permits Required
(a) All sidewalk vendors shall obtain a sidewalk vending permit from the city's business license department prior to engaging in any sidewalk vending activities. All of the following information shall be required:
(1) Name, current mailing address, and phone number of the vendor, any person(s) who will be in charge of any sidewalk vending and/or be responsible for the person(s) working at the sidewalk vending location, and any person(s) that will be employed as roaming sidewalk vendors. 841
Ordinance No. 1981
(2) A description of the merchandise/goods to be offered for sale or exchange.
(3) The days and hours of operation.
(4) A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
(5) A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor, which notes that the city is a location or sub-location, which permit shall be maintained for the duration of the vendor's permit. (6) If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (7) If preparing or selling food, a copy of the county health department health permit issued to the vendor and, if applicable, to the transport vehicle.
(8) For stationary sidewalk vendors, a site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of 36 inches of accessible route area, in compliance with the Americans with Disabilities Act, which site plan shall be approved by the planning division in consultation with the engineering department.
(9) For stationary sidewalk vendors, a public liability policy, including products liability insurance, issued by an insurance company approved by the city with limits of $1,000,000.00 each person, $2,000,000.00 each occurrence for personal and $1,000,000.00 each occurrence for property damage, or equivalent cash, certified check or cashier's check, in favor of the city, to insure the city against any and all liability of every nature whatsoever connected directly or indirectly with the applicant's activities. All insurance companies affording coverage shall be required to add the city as an additional insured under their insurance policy. A copy of the policy endorsement shall be provided to the city. A certificate of insurance, providing evidence of coverage in compliance with this article shall be supplied to the city prior to issuance of the permit. (10) If the sidewalk vendor will be selling food, a statement as to whether the food will be prepared on site, whether such food will require a heating element inside or on the sidewalk vending receptacle for food preparation, and the type of heating element.
(11) An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state and federal laws. 842
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(12) A certification that, to the applicant's knowledge and belief, the information contained in the application is true.
(13) An agreement by the vendor to defend, indemnify, release, and hold harmless the city, its city council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever that may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the city, any costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action or proceeding whether incurred by the permittee, city and/or the parties initiating or bringing such proceeding. (14) An acknowledgment by the vendor that the use of public property is at the vendor's own risk, that the city does not undertake any steps to ensure public property is safe or conducive to sidewalk vending activities, and the sidewalk vendor uses public property at his/her own risk.
(15) An acknowledgement by the vendor that the vendor will obtain and maintain throughout the duration of any permit issued under this chapter any insurance required by this chapter.
(16) Proof of payment of the applicable business license tax (17) Any other relevant information required by the director permitted by State law.
(b) At the time the application or renewal application is filed, the applicant shall pay a nonrefundable permit processing fee, which fee may be established and amended from time to time by resolution or motion of the city council.

Section 3. FMC section 15-821 (Review of Permit Application; Decision) is hereby amended, and is to read in its entirety as follows:
15-821 Review of Permit Application; Decision
(a) Upon receipt of a properly completed and filed sidewalk vendor permit application and payment of the applicable permit processing fee, the director shall conduct a preliminary investigation to determine compliance with this article and shall make such determination within no more than 30 days following such receipt to approve or deny the application. The director 843
Ordinance No. 1981
shall provide the applicant with written notice of his or her decision to the address indicated in the application.
(b) The director may deny an application for a permit if he or she makes any of the following findings:
(1) The applicant has failed to pay the application permit fee. (2) The applicant has made one or more material misstatements in the application for a permit.
(3) The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this article.
(4) It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.
(c) If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form. (d) If the director approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.
(e) Exemptions. A sidewalk vending permit shall not be required for the following activities:
(1) The sale of agriculture products on the site where the product is grown.
(2) Catering for private parties held exclusively on private property and not open to the general public.
(3) Events permitted pursuant to a lawfully issued temporary event permit including but not limited to a certified farmers' market, swap meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.
(f) Term of permit. A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration 844
Ordinance No. 1981
date is noted on the permit. Renewal applications must be submitted 30 days prior to expiration of the permit.
(g) Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

Section 4. Compliance with California Environmental Quality Act. The Fontana City Council (“City Council”) finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, title 14, chapter 3 (“CEQA Guidelines”), sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3).

Section 5. Severability. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.

Section 6. The Mayor shall sign and the City Clerk shall certify passage and adoption of this Ordinance, and the City Clerk shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.

APPROVED AND ADOPTED this 27th day of January 2026.

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 9th day of December 2025, and was finally passed and adopted not less than five days thereafter on the 27th day of January 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
845
Ordinance No. 1981
_______________________________
City Clerk of the City of Fontana
_______________________________
Mayor of the City of Fontana
ATTEST:
_______________________________
City Clerk
846
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0703 Agenda Date: 12/9/2025
Agenda #: C. Category: New Business
FROM:

Human Resources
SUBJECT:

Amending Fontana Municipal Code Section 2-39 to Increase the Salary for Members of the City Council and Mayor; Introduction and First Reading of Ordinance RECOMMENDATION:

Read by title only and waive further reading of and introduce Ordinance No. 1979, Amending Section 2-39 of the Fontana Municipal Code, regarding the salary for members of the City Council and Mayor.

COUNCIL GOALS:
· Increase citizen involvement by Developing future leaders. · Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.

DISCUSSION:

Government Code Section 36516 controls the salary of council members in general law cities and provides for up to a five percent (5%) annual increase in city council member salaries from the operative date of the last city council salary adjustment. Government Code Section 36516.1 also provides that a directly-elected mayor may receive compensation in addition to the compensation they receive as a council member.

Government Code Section 36516.5 further provides that any change in City Council compensation adopted via ordinance pursuant to Section 36516 shall become effective whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office.

Currently, members of the City Council receive $2,106.00 per month in compensation, which was set in February 2022 by Ordinance No. 1884 and codified in Section 2-39 of the Fontana Municipal Code. The Mayor’s additional compensation, according to Section 2-39 of the Fontana Municipal Code, is $2,094.00 per month.

Pursuant to Government Code Section 36516(a), the City Council members are eligible for a 5% increase for each year since the most recent adjustment in 2022 for a total of 20% with an effective date of December 2026. The cumulative CPI (Consumer Price Index) has increased by 18.9% from 2022 to 2025.

The proposed adjustment for City Council members and Mayor is 5% following the November 2026 election. This amounts to an additional $105 per month for the City Council members ($2,106 X 5%) City of Fontana Page 1 of 2 Printed on 5/11/2026
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File #: 26-0703 Agenda Date: 12/9/2025
Agenda #: C. Category: New Business
election. This amounts to an additional $105 per month for the City Council members ($2,106 X 5%) and an additional $210 per month for the Mayor (($2,106 x 5%); ($2,094 x 5%), respectively). A salary survey was conducted, and with the proposed increase, our agency is ranked fifth out of 12 comparable agencies, behind Chino, Ontario, Riverside, and San Bernardino.

Actual salary adjustments for members of City Council would be effective beginning December 12, 2026. These adjustments shall be payable only on or after the date on which one or more members of the Council become eligible by virtue of beginning a new term of office following the next succeeding general municipal election held in the City, consistent with Government Code Section 36516.5 and Fontana Municipal Code 2-40.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item will result in a net increase in annual salary expenses of $7,574.40 once fully effective in December 2026. There is no fiscal impact for 2025-26 and necessary budget adjustments will be included in the 2026-27 Supplemental Budget.

MOTION:

Approve staff’s recommendation.

City of Fontana Page 2 of 2 Printed on 5/11/2026
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ORDINANCE NO. 1979

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA AMENDING SECTIONS 2-39 OF THE FONTANA

MUNICIPAL CODE, REGARDING THE SALARY FOR MEMBERS OF
THE CITY COUNCIL AND MAYOR.

WHEREAS, the City of Fontana, California is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, Article XI, section 7 of the California Constitution grants the City broad discretionary power to “make and enforce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws”; and WHEREAS, Section 36516 of the Government Code provides the method by which salaries for members of a city council of a city are established and increased; and WHEREAS, Section 36516(a)(4) of the Government Code provides that a city council of a city may, by ordinance, authorize an increase in salary to members of the city council, so long as such increase does not exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of salary; and WHEREAS, the salary for the members of the City Council of the City pursuant to Ordinance No. 1884 adopted February 8, 2022, is currently set at $2,106.00 per month, with an additional $2,094 per month for the City’s directly elected Mayor in accordance with Government Code § 36516.1; and
WHEREAS, the salary for the members of the City Council was set in 2022; and WHEREAS, the City Council wishes to enact a new ordinance superseding Ordinance No. 1884 and increasing the monthly salary of the members of the City Council and Mayor within the limitations of Government Code Section 36516(a)(4); and WHEREAS, in order to encourage qualified persons to become members of the City Council and to assure that members of the City Council are compensated comparably to council members of other cities, it is in the best interests of the City to increase the salary of the members of the City Council; and WHEREAS, a duly noticed public meeting was held at which time this ordinance was considered and at which time all persons wishing to be heard were afforded an opportunity to do so; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
849
Ordinance No. 1979

Page 2 of 3 ends

THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA 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. Amendment. Section 2-39 of Article II of Chapter 2 of the Fontana Municipal Code is hereby amended in its entirety to read as follows:

Sec. 2-39. - Salaries—Generally.

As allowed in Government Code § 36516, each member of the council shall receive as salary the sum of $2,211 per month and in addition to this sum the mayor shall receive an additional $2,198 per month in accordance with Government Code § 36516.1, which shall be payable at the same time and in the same manner as the salaries are paid to other officers and employees of the city.”
Section 3. CEQA. The City Council determines that this code amendment is not subject to environmental review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.) sections 15060(c)(3) and 15061(b)(3). Pursuant to State CEQA Guidelines section 15060(c)(3) and Section 3.01(f) of the City of Fontana 2018 Local Guidelines for Implementing the California Environmental Quality Act, the proposed regulations do not constitute a project under CEQA and have no potential to result in a direct or reasonably foreseeable indirect physical change in the environment.

Section 4. 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 5. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The people of the City of Fontana hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 6. Effective Date. This Ordinance shall be effective thirty days following its adoption. The increased salaries for the Mayor and members of the City Council shall be provided immediately following the seating of one or more members of City Council at the next municipal election following the effective date of this Ordinance. 850
Ordinance No. 1979

Page 3 of 3 ends

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 members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Fontana.

APPROVED AND ADOPTED this 27th day of January 2026.

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 9th day of December 2025, and was finally passed and adopted not less than five days thereafter on the 27th day of January 2026, 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
851
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 25-0699 Agenda Date: 12/9/2025
Agenda #: A. Category: Elected Officials
Communications/Reports
Commission Applications
Tuesday, December 9, 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 Page 1 of 1 Printed on 5/11/2026
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Fontana City CouncilDecember 9, 2025

Fontana City Council
December 9, 2025