Fontana City Council
February 10, 2026

RESOLUTION NO. 2026-004

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, APPROVING A DEVELOPMENT IMPACT FEE

DEFERRAL AGREEMENT BETWEEN THE CITY OF FONTANA AND SA

GOLDEN INVESTMENTS, LLC FOR A MULTI-FAMILY RESIDENTIAL

HOUSING APARTMENT COMPLEX PROJECT AND AUTHORIZING THE

CITY MANAGER TO ENTER INTO AN AGREEMENT AND TAKE
CERTAIN ACTIONS TO COMPLETE THE TRANSACTION.

WHEREAS, pursuant to California Government Code Section 66000 et seq. (the “Mitigation Fee Act”), the City of Fontana (“City”) has exercised its authority to establish and impose development impact fees upon new development within the City of Fontana; and
WHEREAS, SA GOLDEN INVESTMENTS, LLC (“Owner”) is the owner of that certain real property located at 8153 Banana Avenue., Fontana, CA 92335, in San Bernardino County, California, identified with Assessor’s Parcel Number 0230-041-60- 0000, on approximately .75 acres of land ("Property"); and WHEREAS, the Owner is constructing a multi-family residential housing development project on the Property consisting of two residential buildings with a total of twenty-four (24) residential units (“Project”); and
WHEREAS, in order to assure that the Project is financially feasible and that the Owner is able to deliver the needed affordable housing and supportive services, the Owner has requested that the City’s development impact fees imposed in connection with the Project be deferred; and
WHEREAS, the City is willing to defer the payment of City development impact fees pursuant to certain terms as set forth in this Resolution, in furtherance of the substantial public benefits that will be provided by the Project.

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

Section 1. The recitals set forth above are true and correct and are hereby incorporated into this Resolution by this reference.

Section 2. Based on the information provided in the staff report, the City Council authorizes the deferral of payment of the development impact fees levied against the Project on the following terms:

Resolution No. 2026-004

A. This deferral shall only apply to development impact fees levied by the City. It shall not apply to any other fees levied by the City, nor shall it apply to fees levied by the County, School District, or any other public entity.

B. If not paid by the Maturity Date, the fees deferred by the City shall accrue interest at a rate of 10% simple interest annually.

C. Owner shall pay the principal sum of the Deferred Fees 1) within ninety (90) days of the date of issuance of the final occupancy clearance (the “Certificate of Occupancy” or “COO”) for Building Permit BLD-24-01341 or 2) the close of escrow date if the Property or the Project is sold, whichever is earlier, but in no event shall the Deferred Fees for the Project be paid later than May 28, 2026.

D. Owner shall enter into a Development Impact Fee Deferral Agreement with the City to provide the terms and conditions for the deferral of the development impact fees.

E. City shall record the Development Impact Fee Deferral Agreement against the Property upon full execution by the City and Owner and will file a release of lien when the Deferred Fees plus any interest, charges and fees have been fully paid and satisfied.

Section 3. The City Council further authorizes the City Manager to execute a Development Impact Fee Deferral Agreement on behalf of the City in a form as approved by the City Attorney with the terms as set forth in this Resolution, and to execute any other documents and carry out such actions as are necessary or appropriate to carry out the City Council’s direction as set forth herein.

Section 4. 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 declares that the City would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 5. This Resolution shall become effective immediately upon its adoption.

Section 6. The City Clerk shall certify adoption of this Resolution.

Resolution No. 2026-004

APPROVED AND ADOPTED this 10
th day of February 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 resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 10 th day of
February, 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
16498.00100\43218845.1
When Recorded Mail to:

The City of Fontana
City Clerk’s Office
8353 Sierra Avenue
Fontana, CA 92335
EXEMPT FROM FILING FEES GOVERNMENT CODE § 6103 (Space above for Recorder's Use)

DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT
between

THE CITY OF FONTANA
a California municipal corporation
and
SA Golden Investments Inc.
a California limited liability company
[Dated as of ________ ___, 2026, for reference purposes only] 16498.00100\43218845.1
-1-

DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT
This Development Impact Fee Deferral Agreement ("Agreement") is entered into between the CITY OF FONTANA, a California municipal corporation, ("City") and SA Golden Investments Inc., a California limited liability company ("Owner"). City and Owner are sometimes individually referred to herein as “Party” and together as “Parties.” This Agreement is effective on the date (“Effective Date”) it is fully executed by the Parties.

RECITALS

1. Owner is the fee simple owner of that certain real property located at 8153 Banana Ave., Fontana, CA 92335, in San Bernardino County, California, identified with Assessor’s Parcel Number 0230-041-60 -0000 ("Property"). The Property is more particularly described in Exhibit A, attached hereto and incorporated herein by reference, and consists of approximately 37,172 square feet.

2. The Owner or Owner's designees desires to develop a multi-family residential housing project on the Property, consisting of two (2) buildings with collectively twenty-four (24) residential units ("Project").

3. Owner has applied to the City for those permits and entitlements necessary to allow the construction of the Project.

4. In connection with the granting of such permits and entitlements, the City has imposed certain development impact fees and charges (hereinafter referred to individually as an "Impact Fee," and collectively as "Impact Fees") as allowed by the City's Municipal Code and adopted resolutions.

5. Owner has requested that the City defer the collection of certain Impact Fees imposed against the Project in order to make the Project financially viable. The City has determined that this Project will benefit and enhance the economic strength of the community through the payment of property taxes and generally contribute to the economic and commercial well-being of the City and its residents. The Impact Fees that are eligible for deferment are only those development impact fees which are directly imposed and levied by the City. The deferment of any Impact Fees under this Agreement shall not apply to any other fees levied by the City, nor shall it apply to fees levied by the County, School District or any other public entity. Accordingly, the City has agreed, subject to the terms, conditions and limitations of this Agreement, to defer payment of the following Impact Fees payable with respect to the Project as more particularly set forth in this Agreement:

As of the Effective Date of this Agreement, the aggregate sum of the foregoing Impact Fees is in the amount of Five hundred fifty-seven thousand, one hundred thirty-one dollars and eight cents ($557,131.08) and shall be hereinafter collectively referred to as the "Deferred Fees."

AGREEMENT
NOW THEREFORE, IN CONSIDERATION of the above Recitals, incorporated herein by this reference, the mutual agreements and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

Section 1.Deferred Fees. The City hereby agrees, subject to the terms, conditions and 16498.00100\43218845.1
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limitations of this Agreement, to defer payment of the Deferred Fees until such time as described in Section 1.1 below. For purposes of this Agreement,, “development impact fee” shall have the meaning ascribed to it in Chapter 21, Article V, Sections 21-120 of the Fontana Municipal Code.

1.1 Owner’s Obligation. Owner, or its successor in interest to the Property, or any portion thereof, shall be liable for the payment of the applicable development impact fees that are temporarily deferred pursuant to this Agreement. Owner will be responsible to pay the current development impact fee rate that is in effect at the time of actual payment. Owner shall satisfy its payment obligations under this Agreement by the following means and upon the earlier of the corresponding dates:
(1) Pay the principal sum of the Deferred Fees within ninety (90) days after the date of issuance of the final occupancy clearance (the “Certificate of Occupancy” or “COO”) for Building, Permit Nos. BLD-24-01341, for the Project; or (2) Pay the principal sum of the Deferred Fees on or before the close of escrow date if the Property or the Project is sold, but in no event shall the Deferred Fees for the Project be paid later than May 28, 2026 (“Maturity Date”).

The Deferred Fees may be prepaid, without penalty, in whole or in part, at any time prior to the Maturity Date.

1.2 As consideration to the City for the City granting the deferment of the Deferred Fees, the Owner shall be obligated to pay the late charges, fees and interest on any outstanding fees due. If the Deferred Fees are not paid by the Maturity Date, Owner acknowledges and agrees to pay to City: i) a ten percent (10%) penalty charge on the principal sum of the Deferred Fees outstanding; and ii) interest at a rate of ten percent (10%) simple interest annually which is due and payable each month the Deferred Fees are outstanding following the Maturity Date.

1.3 Notwithstanding the above provisions, all unpaid principal and any accrued interest, charges and fees, shall be due upon the occurrence of any of the following events:
(a) a sale or transfer of the Project or the Property; or (b) the occurrence of an Event of Default under this Agreement.

Section 2. Conditions to Deferment. The City shall defer the payment of the Impact Fees upon satisfaction of the following conditions:
(a) the Owner’s execution and delivery to the City of this Agreement; and (b) the Owner’s delivery of a proforma or other financial information evidencing that upon completion, the Project will have adequate value to provide payment of the Deferred Fees.

Section 3. Security. Owner acknowledges City is under no obligation to grant a deferment of the Impact Fees due and payable upon the Project. In-lieu of the City requiring Owner to obtain a letter of credit as security for this Agreement the Parties agree that a recorded lien related to the Project shall serve as security for this Agreement. Owner hereby acknowledges and agrees that the obligation to pay the deferred development impact fees shall continue and remain an obligation of Owner, as well as (jointly and severally) any successors in interest of Owner, including, without limitation, any successor in interest to the Property or any portion of the Property. Without limiting the nature of the foregoing, any deferred development impact fees that 16498.00100\43218845.1
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remain unpaid following the time that they are required to be paid may be collected by the City, as a lien against the applicable portion of the Property, as a special assessment against the applicable portion of the property (collected at the same time and in the same manner as ad valorem property taxes), or by any combination of the foregoing. Additionally, should Owner fail to pay the Deferred Fees pursuant to this Agreement, the City shall reserve the right to revoke all prior COO’s issued for the Project until such time as the Deferred Fees are paid in full.

Section 4. Rights Not Granted Under Agreement. This Agreement is not, and shall not be construed to be, an approval or an agreement to issue permits or a granting of any right or entitlement by City concerning the construction of the Project, or any other project, development or other construction by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner from paying any fees for any permits, licenses or other approvals which may be required by the City, and (other than the Deferred Fees) at the time required by the City, concerning the construction of the Project, or any other project, development or other construction by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner in any way from the requirement to obtain permits and/or other discretionary or non-discretionary approvals as may be necessary for the development, maintenance or operation of the Project, or any other project, development or other construction by Owner within the City.

This Agreement does not, and shall not be construed to, exempt Owner or the Property from the application and/or exercise of City power of eminent domain, or its police powers including, but not limited to, the regulation of land uses, and the taking of any actions necessary to protect the health, safety and welfare of its citizenry.

Section 5. Default.
a. Events of Default. Each of the following events shall constitute an "Event of Default":
(1) Owner fails to pay when due any principal payment or other sum due under this Agreement;
(2) Owner defaults in the performance of any other term, covenant, or agreement contained in this Agreement; or
(3) Pursuant to or within the meaning of the United States Bankruptcy Code or any other federal or state law relating to insolvency or relief of debtors (a “Bankruptcy Law”): (A) Owner (i) commences a voluntary case or proceeding, (ii) consents to the entry of an order for relief against it in an involuntary case, (iii) applies for or consents to the appointment of a trustee, receiver, assignee, liquidator or similar official, (iv) makes an assignment for the benefit of its creditors, or (v) admits in writing its inability to pay its debts as they become due; or (B) a court of competent jurisdiction enters an order or decree under any Bankruptcy Law that (i) is for relief against Owner in an involuntary case, (ii) appoints a trustee, receiver, assignee, liquidator or similar official for Owner or substantially all of Owner’s assets, (iii) orders the liquidation of Owner, or (iv) issues or levies a judgment, writ, warrant of attachment or similar process against the Property or any other property of Owner, and in each case the order or 16498.00100\43218845.1
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decree is not released, vacated, dismissed or fully bonded within sixty (60) days after its issuance.
b. Rights Upon Event of Default. In addition to all other available legal or equitable remedies, upon an Event of Default, the City shall have the right to do any one or more of the following:
(1) Revoke the COO for the Project, including revocation of previously issued COOs for other structures related to the Project; or
(2) Accelerate the Maturity Date to the date of the Event of Default.

Section 6. Cumulative Remedies. The rights or remedies of City, as provided in this Agreement, or pursuant to any applicable laws, rules or regulations, may be pursued singly, successively, together or otherwise against the Owner, at the sole discretion of City. The City's failure to exercise any such right or remedy shall in no event be construed as a waiver or release of such rights or remedies, or of the right to exercise them at any later time.

Section 7. Indemnification. Owner agrees to indemnify, defend and hold harmless City, its elected and appointed officials, officers, employees, contractors and agents from and against all claims, demands, causes of action, costs, damages, liabilities and obligations of any kind or nature arising out of the deferral of Impact Fees provided to Owner, the Deferred Fees, this Agreement, including, without limitation, all costs of collection, including actual attorneys’ and expert witness fees.

Section 8. Prevailing Wages. Developer is aware of the requirements of California Labor Code Sections 1720 et seq, as well as California Code of Regulations, Title 8, Section 16000 et seq (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” projects. It shall be Developer’s sole obligation to determine whether, and to what extent if any, the Prevailing Wage Laws apply to the Project. Owner shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any actual or alleged failure by Developer or its employees, agents and contractors to comply with the Prevailing Wage Laws, if applicable to the Project.

Section 9. No Set-Off Rights. Owner understands and agrees that it shall not have any rights whatsoever to set-off against amounts due hereunder or otherwise due City for any amount or obligation due to Owner or claimed to be due Owner from City.

Section 10. Successors and Assigns. Owner may not assign this Agreement, in whole or in part, without the prior written consent of City, and any attempt to make such assignment shall be null and void. This Agreement shall be binding on any and all successors and permitted assigns of the Parties.

Section 11. Governing Laws and Venue. This Agreement shall be governed by the laws of the State of California, without regard to the conflict of laws principles. The Superior Court of the State of California in the County of San Bernardino, California, shall have exclusive jurisdiction of any litigation between City and Owner arising out of this Agreement. The Owner hereby expressly waives the provisions of any federal or state law providing for a change of venue to any other state court or to federal district court, due to any reason whatsoever, including, without implied limitation, the fact that the City (a public agency) is a Party to this Agreement, due to any 16498.00100\43218845.1
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diversity of citizenship between the City and the Owner, or due to the fact that a federal question may be involved. Without limiting the generality of the foregoing, the Owner expressly waives, to the maximum legal extent, the benefit of California Code of Civil Procedure Section 394 and all other state and federal statutes and judicial decisions of similar effect.

Section 12. Notices. All notices required to be delivered under this Agreement or applicable law shall be delivered by personal delivery, express mail or by United States mail, certified, postage prepaid. Notices personally delivered or delivered by express mail shall be deemed received upon receipt. Notices delivered by certified mail shall be deemed received the earlier of three (3) days following deposit of such notice with the United States Postal Service or actual receipt. Notices shall be sent as follows:

To City: City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Phillip Burum, Deputy City Manager
To Owner: SA GOLDEN INVESTMENTS INC
918 S Teakwood Ave
Bloomington, CA 92316
Attn: Saber Awad, Manager
Section 13. Attorneys' Fees and Costs. Should either party bring any action or proceeding against the other that in any way relates to or arises due to the existence of this Agreement, then the prevailing party in that action or proceeding shall be entitled to recover from the other party, in addition to all other relief to which the prevailing party may be entitled, the litigation costs and attorneys' fees, in an amount to be determined by the court. The "prevailing party" shall be as determined by the court in accordance with the provisions of California Code of Civil Procedure Section 1032. Recoverable litigation costs and attorneys' fees include those incurred by the prevailing party in the enforcement of any judgment or other judicial order, and during the defense of any appeal taken from such underlying judgment or other judicial order.

Section 14. Entire Agreement. This Agreement constitutes the entire agreement of City and Owner and supersedes all previous agreements, oral or written, on the subject matter of this Agreement.

Section 15. Modification. This Agreement shall be amended or modified only by an Agreement in writing signed by each of the Parties.

Section 16. Headings. Section headings contained in this Agreement are for convenience only, and shall not impact the construction or interpretation of any provision.

Section 17. Further Acts. The Parties agree to execute such additional documents and to take such further actions as are reasonably necessary to accomplish the objectives and intent of this Agreement.

Section 18. Severability. If any provision or clause of this Agreement or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect any other provision of this Agreement, and the Agreement shall be construed as if such provisions or clauses did not exist. 16498.00100\43218845.1
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Section 19. Good Faith Negotiations. The City and the Owner acknowledged that this Agreement are the product of mutual, good faith arms-length negotiations in that the City and the Owner each have been, or have had the opportunity to have been, represented by legal counsel of its own choosing in the negotiation and drafting of this Agreement. Accordingly, the rule of construction which provides that ambiguities in a document are to be construed against the drafter of that document shall have no application to either the interpretation or the enforcement of this Agreement. In any action or proceeding brought to interpret or enforce this Agreement, the trier of fact may refer to such extrinsic evidence which is not in direct conflict with any express term or provision hereof to ascertain and give effect to the intent of the Parties hereto.

Section 20. Time is of the Essence. Time is of the essence in this Agreement.

Section 21. No Third Party Beneficiary. This Agreement and the performance of the City's and the Owner's obligations hereunder are for the sole and exclusive benefit of the City and the Owner. No person or entity who or which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against either the City or the Owner hereunder as a result of the City's or the Owner's performance or nonperformance of their respective obligations under this Agreement.
[Signatures on following pages]
16498.00100\43218845.1
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last written below.

CITY OF FONTANA SA Golden Investments Inc.
a California municipal corporation a California limited liability company By: ____________________________ By: ______________________________ Acquanetta Warren, Mayor
Its: ______________________________
Date: ______________________________ Date: ______________________________ ATTEST:
___________________________
Germaine Key, City Clerk
Date: ______________________________
APPROVED AS TO FORM:

Best, Best & Krieger, LLP
By: __________________________
Ruben Duran, City Attorney
Date: ______________________________
16498.00100\43218845.1
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EXHIBIT "A"
Legal Description of Property -8153 Banana Ave, Fontana, California 92335.

Assessor’s Parcel Number 0230-041-60 -0000
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0801 Agenda Date: 2/10/2026
Agenda #: K. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Adopt Resolution and Authorize the City Manager to Award a Contract to Gentry General Engineering for Emergency Storm Drain Repair Work along Valley Boulevard RECOMMENDATION:

1. Adopt Resolution No. 2026-007, a resolution of the City Council of the City of Fontana, recognizing that certain conditions exist in the storm drain system along Valley Boulevard requiring emergency repair work. This resolution is made in accordance with Fontana City Code Section 10-147(6).

2. Authorize the City Manager, or his designee, to execute a contract with Gentry General Engineering in the amount of $258,472.00 with a 10% contingency in the amount of $25,847.00 for the performance of emergency storm drain repair work along Valley Boulevard.

COUNCIL GOALS:
· To operate in a businesslike manner by correcting problems immediately. · To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

While Valley Boulevard was originally constructed in the 1930’s, historical data of when the storm drain crossings were constructed are not available. It is believed that the storm drain crossings at the intersections of Hemlock and Elm Avenues were originally installed several decades ago, likely in the 1960’s or 1970’s, making that system well over 50 years old. The system is showing significant signs of failure and separation of the concrete box, presenting potential pothole and sink hole concerns for the roadway. The cost proposal from Gentry General Engineering includes reconstruction of a reinforced concrete box per Caltrans standards, with paving repairs to the roadway at Elm and Hemlock Avenues with a headwall constructed at Elm Avenue.

FISCAL IMPACT:

Funding for this emergency work, in the amount of $258,472 with a 10% contingency of $25,847, is budgeted in Fiscal Year 2025/2026 Public Works Operating Budget account 60437100.8330, Transactional Use Tax Fund.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 2/5/2026
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RESOLUTION NO. 2026-007

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, AUTHORIZING EMERGENCY STORM DRAIN REPAIR

WORK ON VALLEY BOULEVARD AT HEMLOCK AVENUE AND ELM
AVENUE.

WHEREAS, an unsafe condition has been determined to exist on Valley Boulevard at Hemlock Avenue and Elm Avenue due to the deterioration of the storm drain crossings at those locations; and
WHEREAS, Fontana Municipal Code section 10-136 provides that an “emergency” means a condition or possible safety condition which makes bidding procedures, either formal or informal, impracticable or not int eh best interests of the City; and
WHEREAS, there is a need for immediate repair work on the storm drain system to ensure sufficient integrity of the roadway; and
WHEREAS, the proposed repair work is not a public project as that term is defined in California Public Contract Code section 20162; and
WHEREAS, the contract may be awarded without competitive bidding per Fontana Municipal Code Sec. 10-152(1); and
WHEREAS, the Public Works & Engineering Department is recommending the award of a contract to Gentry General Engineering for said repair work in the amount of $258,473.00.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, that the City Manager be and is hereby authorized to award said contract as listed above.

EFFECTIVE DATE: February 10, 2026
APPROVED AND ADOPTED this 10th day of February, 2026.

READ AND APPROVED AS TO LEGAL FORM:
______________________________
City Attorney
Resolution No. 2026-007

I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council at a regular meeting held on the 10th day of February, 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
To: Contact: City Of Fontana
Project Name: Fontana Elm And Valley East Side Culvert Bid Number: 02-02-26 Fontana Fax:

Address: Fontana, CA Phone:

Project Location: Bid Date: 2/2/2026
Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 Construct 34' Long, 3'x1'-1.5' Reinforced Concrete Box 1.00 LS $68,139.00 $68,139.00 Storm Drain Per Caltrans Standard D80, With 8' Wide
Pavement Replacement
2 Construct Headwall With Wings Per City Of Fontana 1.00 EACH $4,708.00 $4,708.00 Standard 3020, Modified As Necessary To Fit Site
Conditions (Dimensions To Be Determined In-Field As
Space Permits)
Total Price for above Items: $72,847.00
Total Bid Price: $72,847.00
Notes:
• This proposal only includes 320 square feet (8' x 40') of asphalt finish course. If requested, pricing will be given to increase square footage to the next full lane or quadrant of the intersection.
• Pricing includes one mobilization unless otherwise specified in bid documents. Add $2,500 for additional mobilizations. • Pricing will remain valid if accepted within 30 calendar days. • Billings to be issued monthly unless otherwise specified in contract. • Payment to be received within 30 calendar days of billing date unless otherwise specified in contract. • Billing retention not to exceed 5% unless otherwise specified in contract. • Prevailing wages are not included. If project is subject to prevailing wage rates, additional costs will be incurred. • Pricing includes the California DIR prevailing wage rates in effect at the project advertisement date. If different wage rates are required, additional costs may be incurred.
• Pricing assumes construction water provided on-site by project and/or property owner. • Inspection fees are not included.
• Permit fees are not included.
• Differing site conditions and unforeseen utilities/improvements not identified in the bid documents are not included and may incur additional cost if encountered.
• Pricing assumes uninterrupted and unimpeded access to the work site(s) during all working hours. Limited access may incur additional cost. • Working hours to be 7:00am to 5:00pm unless otherwise specified in contract. • Water pollution and erosion control measures are included only for the scope of work covered by this proposal. • Traffic control is included only for the scope of work covered by this proposal. • Traffic control to be per MUTCD standards. Engineered traffic control plans are not included unless otherwise specified in bid documents. • Material and compaction testing are not included unless otherwise specified in bid documents. • All improvements to be constructed per 2021 Standard Plans for Public Works Construction ("Greenbook") unless otherwise specified in bid documents.
• Pre- and post-construction video inspection is not included unless otherwise specified in bid documents. • Dewatering of any kind is not included unless otherwise specified in bid documents. • Pricing assumes the absence of groundwater within project limits unless otherwise specified in bid documents; any groundwater encountered may incur additional cost.
• Field engineering, surveying and staking to be provided by others unless otherwise specified in bid documents. • We reserve the right to modify our pricing in response to any design, engineering, specification, or other changes made to the project after issuance of this proposal.
• Handling and/or disposal of hazardous materials is not included. • Pricing assumes performance of all items included in this proposal. We reserve the right to modify our pricing if items are deleted. • We reserve the right to modify our pricing if constructed quantities differ by more than 25% from those specified in the bid documents. • Anything not included in the bid documents is excluded from this proposal. • Anything not specifically included in this proposal is excluded. 2/2/2026 10:33:49 AM Page 1 of 2
ACCEPTED:

The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Gentry General Engineering, Inc
Authorized Signature:

Estimator:
2/2/2026 10:33:49 AM Page 2 of 2
To: Contact: City Of Fontana
Project Name: Fontana Hemlock And Valley Southeast Corner Culvert Bid Number: 02-02-26 Fontana Fax:

Address: Fontana, CA Phone:

Project Location: Hemlock And Valley, Fontana, CA Bid Date: 2/2/2026 Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 Construct 34' Long, 3'x1'-1.5' Reinforced Concrete Box 1.00 LS $68,139.00 $68,139.00 Storm Drain Per Caltrans Standard D80, With 8' Wide
Pavement Replacement
Total Price for above Items: $68,139.00
Total Bid Price: $68,139.00
Notes:
• This proposal only includes 320 square feet (8' x 40') of asphalt finish course. If requested, pricing will be given to increase square footage to the next full lane or quadrant of the intersection.
• Pricing includes one mobilization unless otherwise specified in bid documents. Add $2,500 for additional mobilizations. • Pricing will remain valid if accepted within 30 calendar days. • Billings to be issued monthly unless otherwise specified in contract. • Payment to be received within 30 calendar days of billing date unless otherwise specified in contract. • Billing retention not to exceed 5% unless otherwise specified in contract. • Prevailing wages are not included. If project is subject to prevailing wage rates, additional costs will be incurred. • Pricing includes the California DIR prevailing wage rates in effect at the project advertisement date. If different wage rates are required, additional costs may be incurred.
• Pricing assumes construction water provided on-site by project and/or property owner. • Inspection fees are not included.
• Permit fees are not included.
• Differing site conditions and unforeseen utilities/improvements not identified in the bid documents are not included and may incur additional cost if encountered.
• Pricing assumes uninterrupted and unimpeded access to the work site(s) during all working hours. Limited access may incur additional cost. • Working hours to be 7:00am to 5:00pm unless otherwise specified in contract. • Water pollution and erosion control measures are included only for the scope of work covered by this proposal. • Traffic control is included only for the scope of work covered by this proposal. • Traffic control to be per MUTCD standards. Engineered traffic control plans are not included unless otherwise specified in bid documents. • Material and compaction testing are not included unless otherwise specified in bid documents. • All improvements to be constructed per 2021 Standard Plans for Public Works Construction ("Greenbook") unless otherwise specified in bid documents.
• Pre- and post-construction video inspection is not included unless otherwise specified in bid documents. • Dewatering of any kind is not included unless otherwise specified in bid documents. • Pricing assumes the absence of groundwater within project limits unless otherwise specified in bid documents; any groundwater encountered may incur additional cost.
• Field engineering, surveying and staking to be provided by others unless otherwise specified in bid documents. • We reserve the right to modify our pricing in response to any design, engineering, specification, or other changes made to the project after issuance of this proposal.
• Handling and/or disposal of hazardous materials is not included. • Pricing assumes performance of all items included in this proposal. We reserve the right to modify our pricing if items are deleted. • We reserve the right to modify our pricing if constructed quantities differ by more than 25% from those specified in the bid documents. • Anything not included in the bid documents is excluded from this proposal. • Anything not specifically included in this proposal is excluded. 2/2/2026 10:34:57 AM Page 1 of 2
ACCEPTED:

The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Gentry General Engineering, Inc
Authorized Signature:

Estimator:
2/2/2026 10:34:57 AM Page 2 of 2
To: Contact: City Of Fontana
Project Name: Fontana Elm And Valley West Side Culvert Bid Number: 02-02-26 Fontana Fax:

Address: Fontana, CA Phone:

Project Location: Elm And Valley, Fontana, CA Bid Date: 2/2/2026 Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 Construct 30' Long, 3'x1'-1.5' Reinforced Concrete Box 1.00 LS $58,743.00 $58,743.00 Storm Drain Per Caltrans Standard D80, With 8' Wide
Pavement Replacement
Total Price for above Items: $58,743.00
Total Bid Price: $58,743.00
Notes:
• This proposal only includes 320 square feet (8' x 40') of asphalt finish course. If requested, pricing will be given to increase square footage to the next full lane or quadrant of the intersection.
• Pricing includes one mobilization unless otherwise specified in bid documents. Add $2,500 for additional mobilizations. • Pricing will remain valid if accepted within 30 calendar days. • Billings to be issued monthly unless otherwise specified in contract. • Payment to be received within 30 calendar days of billing date unless otherwise specified in contract. • Billing retention not to exceed 5% unless otherwise specified in contract. • Prevailing wages are not included. If project is subject to prevailing wage rates, additional costs will be incurred. • Pricing includes the California DIR prevailing wage rates in effect at the project advertisement date. If different wage rates are required, additional costs may be incurred.
• Pricing assumes construction water provided on-site by project and/or property owner. • Inspection fees are not included.
• Permit fees are not included.
• Differing site conditions and unforeseen utilities/improvements not identified in the bid documents are not included and may incur additional cost if encountered.
• Pricing assumes uninterrupted and unimpeded access to the work site(s) during all working hours. Limited access may incur additional cost. • Working hours to be 7:00am to 5:00pm unless otherwise specified in contract. • Water pollution and erosion control measures are included only for the scope of work covered by this proposal. • Traffic control is included only for the scope of work covered by this proposal. • Traffic control to be per MUTCD standards. Engineered traffic control plans are not included unless otherwise specified in bid documents. • Material and compaction testing are not included unless otherwise specified in bid documents. • All improvements to be constructed per 2021 Standard Plans for Public Works Construction ("Greenbook") unless otherwise specified in bid documents.
• Pre- and post-construction video inspection is not included unless otherwise specified in bid documents. • Dewatering of any kind is not included unless otherwise specified in bid documents. • Pricing assumes the absence of groundwater within project limits unless otherwise specified in bid documents; any groundwater encountered may incur additional cost.
• Field engineering, surveying and staking to be provided by others unless otherwise specified in bid documents. • We reserve the right to modify our pricing in response to any design, engineering, specification, or other changes made to the project after issuance of this proposal.
• Handling and/or disposal of hazardous materials is not included. • Pricing assumes performance of all items included in this proposal. We reserve the right to modify our pricing if items are deleted. • We reserve the right to modify our pricing if constructed quantities differ by more than 25% from those specified in the bid documents. • Anything not included in the bid documents is excluded from this proposal. • Anything not specifically included in this proposal is excluded. 2/2/2026 10:32:34 AM Page 1 of 2
ACCEPTED:

The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Gentry General Engineering, Inc
Authorized Signature:

Estimator:
2/2/2026 10:32:34 AM Page 2 of 2
To: Contact: City Of Fontana
Project Name: Fontana Hemlock And Valley Southwest Corner Culvert Bid Number: 02-02-26 Fontana Fax:

Address: Fontana, CA Phone:

Project Location: Hemlock And Valley, Fontana, CA Bid Date: 2/2/2026 Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 Construct 30' Long, 3'x1'-1.5' Reinforced Concrete Box 1.00 LS $58,743.00 $58,743.00 Storm Drain Per Caltrans Standard D80, With 8' Wide
Pavement Replacement
Total Price for above Items: $58,743.00
Total Bid Price: $58,743.00
Notes:
• This proposal only includes 320 square feet (8' x 40') of asphalt finish course. If requested, pricing will be given to increase square footage to the next full lane or quadrant of the intersection.
• Pricing includes one mobilization unless otherwise specified in bid documents. Add $2,500 for additional mobilizations. • Pricing will remain valid if accepted within 30 calendar days. • Billings to be issued monthly unless otherwise specified in contract. • Payment to be received within 30 calendar days of billing date unless otherwise specified in contract. • Billing retention not to exceed 5% unless otherwise specified in contract. • Prevailing wages are not included. If project is subject to prevailing wage rates, additional costs will be incurred. • Pricing includes the California DIR prevailing wage rates in effect at the project advertisement date. If different wage rates are required, additional costs may be incurred.
• Pricing assumes construction water provided on-site by project and/or property owner. • Inspection fees are not included.
• Permit fees are not included.
• Differing site conditions and unforeseen utilities/improvements not identified in the bid documents are not included and may incur additional cost if encountered.
• Pricing assumes uninterrupted and unimpeded access to the work site(s) during all working hours. Limited access may incur additional cost. • Working hours to be 7:00am to 5:00pm unless otherwise specified in contract. • Water pollution and erosion control measures are included only for the scope of work covered by this proposal. • Traffic control is included only for the scope of work covered by this proposal. • Traffic control to be per MUTCD standards. Engineered traffic control plans are not included unless otherwise specified in bid documents. • Material and compaction testing are not included unless otherwise specified in bid documents. • All improvements to be constructed per 2021 Standard Plans for Public Works Construction ("Greenbook") unless otherwise specified in bid documents.
• Pre- and post-construction video inspection is not included unless otherwise specified in bid documents. • Dewatering of any kind is not included unless otherwise specified in bid documents. • Pricing assumes the absence of groundwater within project limits unless otherwise specified in bid documents; any groundwater encountered may incur additional cost.
• Field engineering, surveying and staking to be provided by others unless otherwise specified in bid documents. • We reserve the right to modify our pricing in response to any design, engineering, specification, or other changes made to the project after issuance of this proposal.
• Handling and/or disposal of hazardous materials is not included. • Pricing assumes performance of all items included in this proposal. We reserve the right to modify our pricing if items are deleted. • We reserve the right to modify our pricing if constructed quantities differ by more than 25% from those specified in the bid documents. • Anything not included in the bid documents is excluded from this proposal. • Anything not specifically included in this proposal is excluded. 2/2/2026 10:35:37 AM Page 1 of 2
ACCEPTED:

The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Gentry General Engineering, Inc
Authorized Signature:

Estimator:
2/2/2026 10:35:37 AM Page 2 of 2
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0713 Agenda Date: 2/10/2026
Agenda #: A. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Master Case (MCN) No. 25-0078 and Municipal Code Amendment (MCA) No. 25-0010: A request to amend Section 30 of the Fontana Municipal Code Regarding Emergency Shelter Overlay development standards and operating regulations and to incorporate property located at 11109 Jasmine Street into the overlay, pursuant to a categorical exemption from the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Sections 15060(c), 15378, and 15061(B)(3).

RECOMMENDATION:

Open the public hearing, receive public testimony, close the public hearing and by motion:

1. Find that the adoption of the proposed ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22, and10.59 of the 2019 Local Guidelines for Implementing CEQA.

2. Waive full reading and introduce for first reading by title only Ordinance No. 1982 entitled: “An Ordinance Of The City Council Of The City Of Fontana Amending Section 30 Of The City Of Fontana Municipal Code Relating To Emergency Shelter Overlay Development Standards And Operating Regulations And Applying The Overlay On The Property At 11109 Jasmine Street And Finding The Action To Be Categorically Exempt From CEQA Under CEQA Sections 15060(C), 15378, and 15061(B)3).”
COUNCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.

DISCUSSION:

BACKGROUND:

The City of Fontana’s Zoning and Development Code along with other chapters of the Fontana Municipal Code regulate the development of commercial, industrial, and residential projects. Staff conducts ongoing reviews of the municipal code to determine where language within the code would benefit from updates, clarification, redefinition, or additions to help streamline and facilitate the development process and commercial business activity.

On December 2, 2025, the Planning Commission considered a request to for an amendment to Chapter 30 regarding the Emergency Shelter Overlay. The Planning Commission voted unanimously City of Fontana Page 1 of 2 Printed on 2/3/2026
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File #: 26-0713 Agenda Date: 2/10/2026
Agenda #: A. Category: Public Hearing
to recommend that the City Council approve the proposed ordinance.

PROJECT DESCRIPTION:

Municipal Code Amendment No. 25-0010 provides updates to Section 30 (Zoning and Development Code) as described below. A detailed list of the proposed amendments is provided within Exhibit “A” of the City Council Resolution.

ANALYSIS:

This request includes modifications to the Emergency Shelter Overlay that will simplify and clarify the development standards and operational regulations for emergency shelters in the overlay, including:
· The addition of specific standards regarding security surveillance systems for facilities in the overlay;
· The removal of time limits for residents’ stays;
· Limits on the provision of “walk in” services.

Additionally, the amendment will apply the overlay in the industrially zoned property at 11109 Jasmine Street (APN: 0238-111-53).

In summary, the amendments will provide clear standards for establishing and operating an emergency shelter, thereby creating opportunities to provide shelter for the unhoused population in Fontana while limiting impacts on the surrounding community.

ENVIRONMENTAL REVIEW:

The proposed ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the commonsense exemption), and Sections No. 3.01, 3.22 and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the ordinance is covered by the rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and also by the common sense exemption which provides that, where it can be determined 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.

ATTACHMENTS:

Attachment No. 1 - Ordinance
Attachment No. 2 - Planning Commission Report Packet
Attachment No. 3 - Planning Commission Minutes - December 2, 2025 Attachment No. 4 - Public Hearing Notice
FISCAL IMPACT:

None.

MOTION:

Accept staff’s recommendation.

City of Fontana Page 2 of 2 Printed on 2/3/2026
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ORDINANCE NO. 1982

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, AMENDING SECTION 30-622 AN D D I V I S I O N 7 O F

A R T I C L E X I OF THE FONTANA MUNICIPAL MODIFYING

DEVELOPMENT STANDARDS AND OPERATING REGULATIONS FOR

THE EMERGENCY SHELTER OVERLAY AND APPLYING THE
OVERLAY ON THE PROPERTY AT 11109 JASMINE STREET,

PURSUANT TO A CATEGORICAL EXEMPTION IN ACCORDANCE
WITH CEQA GUIDELINES SECTIONS 15060(C), 15378, AND
15061(B)(3) AND DIRECTING STAFF TO FILE A NOTICE OF
EXEMPTION.

WHEREAS, pursuant to Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; and
WHEREAS, Government Code sections 50022.1 to 50022.10 authorize a city to codify and recodify its ordinances; and
WHEREAS, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the Fontana Municipal Code (“Code”) through Municipal Code Amendment (“MCA”) No. 25-0010; and WHEREAS, the City of Fontana General Plan (“General Plan”) includes policies and actions calling for numerous updates to the Code; and WHEREAS, Section 30-622. – Overlay Districts, is amended to revise the description of the Emergency Shelter Overlay to reflect that it may be applied to properties with the Light Industrial (I-L) or General Industrial (I-G) general plan land use designation; and
WHEREAS, Article XI - Division 7. Overlay Districts - is amended to update the description of the Emergency Shelter Overlay; and
WHEREAS, the amendments in MCA No. 25-0010 are consistent and compatible with the General Plan and are in line with goals, policies and objectives of the City, the Housing Element policies and the Zoning and Development Code; and WHEREAS, the amendments in MCA No. 25-0010 are in conformity with appropriate land use practices and will establish appropriate development standards for the land use designations; and
WHEREAS, the amendments in MCA No. 25-0010 attached hereto as Exhibit “A” and incorporated herein by reference, will not be detrimental to the public health, safety and general welfare, nor will it adversely affect the orderly development of Ordinance No. 1982
property; and
WHEREAS, on December 2, 2025, the Fontana Planning Commission (“Planning Commission”) held a public meeting on MCA No. 25-0010 where it received evidence and public testimony on the Code amendments and recommended that the Fontana City Council (“City Council”) determine that the amendments are exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA. in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, the Planning Commission carefully considered all evidence and testimony presented at its public hearing on December 2, 2025, and approved Resolution No. 2025-048 to recommend that the City Council approve the modifications to the Zoning and Development Code; and
WHEREAS, on February 10, 2026, the City Council held a public hearing on MCA No. 25-0010 where City Council received evidence and public testimony pertaining to the Zoning and Development Code amendments and documentation from the Planning Commission’s public hearing on December 2, 2025; and
WHEREAS, the City Council carefully considered all information pertaining to MCA No. 25-0010 that was presented at its public hearing on February 10, 2026; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

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

Section 2. CEQA. The City Council hereby determines that the code amendments are exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the common-sense exemption) and Sections 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA.

Staff is directed to file a Notice of Determination pursuant to the foregoing.

Section 3. Development Code Amendment Findings. The City Council hereby makes the following findings for Municipal Code Amendment No. 25-0010 accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

Ordinance No. 1982
Finding: A Zoning and Development Code may be amended by changing the development standards (text) or zoning designation map boundaries of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: The proposed Municipal Code Amendments will revise the Emergency Shelter Overlay to create additional opportunities for housing and support services for the unhouse population. These amendments further the General Plan goal of providing adequate housing to meet the needs of all residents in Fontana and of promoting a diversified economy.

Section 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves the amendments as set forth in MCA No. 25-0010, which is attached hereto as Exhibit “A” and incorporated herein by reference as fully set forth herein.

Section 5. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Fontana Herald News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.

Section 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

Section 8. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED this 24th day of February, 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 Ordinance No. 1982
Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 10th day of February 2026, and was finally passed and adopted not less than five days thereafter on the 24th day of February 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
“EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(*Additions shown in underline, deletions shown in strikeout) ARTICLE IX. - OVERLAY DISTRICTS
DIVISION 1. - GENERALLY
Sec. 30-621. - Purpose.

The purpose of this article is to create overlay districts that establish additional use regulations and development standards for specific types of use and specific areas of the City requiring special consideration in the development process. The regulations established in this article for the overlay districts shall apply in addition to the regulations established for the underlying zone districts.

Sec. 30-622. - Overlay districts.
(a)Medical center overlay district. A district that may overlay any medical center complex. (b)Utility corridor overlay district. A district that is intended to provide for appropriate development within or near those areas containing easements for public utilities. (c)Hillside overlay district. A district that protects the public health and safety, minimizes environmental impacts, and requires development to conform to the natural topography of hillside areas.
(d)Auto center overlay district. A district that is intended to promote new car and truck sales adjacent to the 1-210 Freeway.
(e)Warehousing distribution/logistics overlay district (Sierra Avenue). A district that provides for the limited, well planned and orderly development of warehousing distribution/logistics uses on properties within the light industrial (M-1) zone as provided for in Section 30-532 et seq. Unlike other overlay districts in this division, this overlay identifies a geographic area where such uses may be allowed subject to a separate zone change request to establish the overlay on one or more parcels eligible to receive it. (f)Valley business park overlay district. The intent of the valley business park overlay is to provide for a well-planned and orderly development of business park and warehousing distribution uses on parcels within the M-1 zone located on designated areas within the adopted overlay that are generally located on the south side of Valley Boulevard. (g)Emergency shelter overlay district. A district that provides for seamless incorporation of emergency, supportive, and transitional housing opportunities on specific properties within the light industrial (M-1) zoning district Light Industrial (I-L) and/ or General Industrial (I-G) general plan land use designations to house individuals at risk of homelessness with such needs for no more than a six-month period, as required by Government Code § 65583(a)(4) and 65583(a)(5).
(h)(R-4) overlay district. The intent of the R-4 overlay district is to provide areas for the potential development at the multi-family residential (R-4) density of 24.1 du/ac to 39 du/ac for multi-family development in close proximity to transit routes and convenience uses in recognition of the need for affordable housing.

DIVISION 7. EMERGENCY SHELTER OVERLAY DISTRICT
Sec. 30-651. Emergency shelter overlay district (ESO) regulations. (a) Applicability. The provisions of this division shall apply to light industrial (I-L) land use designations and specific plan industrial land use designations as specified in Figure Figure 1
(b) Relation to underlying zoning. The emergency shelter overlay district is a flexible designation that is intended to apply in conjunction with, or as an alternative to the provisions in the underlying zoning. When utilized in conjunction with the underlying zone, if the provisions of this division are in conflict with the provisions of the underlying zoning district, the provisions of this division shall apply. (c) Intent. The intent of the emergency shelter overlay district is to provide for supportive and transitional housing uses on specific properties within the light industrial(M-1) zoning district Light Industrial (I-L) and General Industrial (I-G) general plan use designations. Additionally, the further intent of this overlay district is to allow emergency shelters without a conditional use permit or other discretionary permit in accordance with Government Code § 65583. Recognizing the need for available and affordable sites for establishment of emergency shelters and other transitional housing types outside of the traditional locations in commercial districts, the emergency shelter overlay district provides areas and districts for the development of new emergency and supportive housing to be integrated with commercial and light industrial uses and existing social services throughout the City. The purpose of the designated boundaries (area of applicability) is to maximize the potential for provision of emergency shelter and support services throughout the City of Fontana. (d) Definitions.

Emergency shelters. The California Health and Safety Code (§ 50801(e)) defines "emergency shelter" as housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

Single room occupancy. Typically, a single-room occupancy (SRO) unit is a multiple tenant building that houses one or two people in individual rooms (sometimes two rooms, or two rooms with a bathroom or half bathroom), or to the single room dwelling itself. SRO tenants typically share bathrooms and/or kitchens, while some SRO rooms may include kitchenettes, bathrooms, or half-baths. Most SRO units are small, with a gross floor area of less than 400 square feet. Each dwelling unit is restricted to occupancy by no more than two persons and is offered on a monthly rental basis or longer.

1.7 AC
Supportive housing. Under the housing element law, supportive housing is defined as housing with no limit on length of stay that is occupied by a target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (California Health and Safety Code § 50675.14(b)).

Transitional housing. The California Health and Safety Code (§ 50675.2) defines "transitional housing" and "transitional housing development" as buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no more than six months. This definition of transitional housing does not encompass all transitional housing facilities, particularly those that operate as group quarters or community care facilities that charge fees rather than rents.

Sec. 30-652. Administrative site plan review required.

Any development proposal within the emergency shelter overlay district shall be subject to an administrative site plan review process pursuant to Article II, Division 10 et seq. of this Code.

Sec. 30-653. Emergency shelters.

The following standards shall be required for development or establishment of emergency shelters in the ESO district:

The following development standards shall apply.
(1) [Density of residents.] The maximum resident density shall be one resident per 150 square feet, up to a maximum of 60 residents in a single shelter. Facilities operated independently of the City of Fontana by private organizations or other government, or quasigovernment organizations, shall be limited to a maximum of 50 residents. (2) [Number of staff.] The facility shall be staffed with one staff person per 15 occupied beds and shall be awake during the hours of operation.
(3) Waiting/intake area. The shelter may have a waiting and intake area no larger than 100 square feet combined;
(3)(4) On-site manager. The shelter must have at least one on-site manager at all times during hours of operation.
(4)(5) Distance requirements. The distance between emergency shelters shall be a minimum of 300 feet. No emergency shelter shall be located within 300 feet of any public park and/or school.
(5)(6) Security. The emergency shelter shall provide a security plan that ensures the safety of the residents, visitors and employees. The plan shall be reviewed by the Chief of Police or his designee and shall include, but is not limited to, the following:
a. Color, security surveillance system with recording capability; unless otherwise approved in writing by the Chief of the Fontana Police Department, the security system shall include surveillance cameras capable of recording interior and exterior common areas, in color, 24 hours per day. All recordings shall be retained for a minimum of 30 days.
b. On-site security guard(s), the number of security guards shall be based on the following ratio of one guard for every ten patrons.
c. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties. (7) Length of stay. Emergency shelter shall only be provided for a time period of six months for any individual resident.
(6)(8) Laundry facility. The shelter shall provide on-site laundry facilities or services adequate for the number of residents.
(7)(9) Outdoor activities. Any emergency shelter adjacent to a residential use shall limit outdoor activities to the following hours: 8:00 a.m. to 9:00 p.m. Monday through Sunday.
(10) Pay phone. There shall not be any outdoor public telephones on the site nor along the public right-of-way.
(8)(11) Signage. No signs are permitted on the property relating to its use as a shelter for the homeless unless approved in writing by the Planning Director; (9)(12) Bathroom facilities. Each emergency shelter shall provide facilities for personal care (i.e., bathroom and shower facilities).
(10)(13) Toilets. No outdoor toilets are allowed on the site unless during construction or a special event;
(11)(14) Shelter provider. The agency or organization operating the emergency shelter shall comply with the following requirements:
a. Staff and services shall be provided to assist residents of the shelter in obtaining permanent housing and income;
b. A written management plan including, as applicable, provision for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment outreach programs for residents;
(12)(15) Facility layout. Living, dining, and kitchen areas shall be physically separated from sleeping areas.
(13)(16) Sleeping area. Each emergency shelter shall provide at least 35 30 square feet of sleeping area per bed.
(14)(17) Litter and graffiti. The owner/operator shall:
a. Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times;
b. Provide for daily removal of trash from the premises and abutting sidewalks or alleys within 20 feet of the premises; and
c. Remove graffiti within 48 hours of written notice from the City. (15)(18) Controlled access. The facility and/or the premises shall be accessed by one entrance.
(16)(19) Property maintenance. The agency shall ensure that the facility is clean and litter-free at all times. The grounds shall be landscaped with materials which are compatible with the surrounding neighborhood and maintained in a trim and weedfree state. The structure shall be painted and maintained such that it is compatible with structures existing in the surrounding neighborhood. (17) Facility shall not provide “walk in” services for new or prospective residents.

Operators shall strictly enforce a “no walk-in/no walk-out” policy for facility guests and residents. Details regarding the management and enforcement of this policy shall be provided in the facility’s operations and management plan, subject to the review and approval of the Planning Director.

Sec. 30-654. Transitional housing facilities.

The following development standards shall apply.
(1) Establishment. A management plan form shall be obtained, completed in detail, and returned to the City of Fontana's Community Development Department Housing Manager for review and approval. The transitional housing program management plan is a detailed analysis of how an agency intends to operate and maintain a transitional housing facility in accordance with existing city ordinances and the criteria contained in this section.
(2) Qualifications. The applicant shall be a qualified agency with knowledge, understanding, and demonstrable experience in the operation and management of a transitional housing facility.
(3) Client screening. The agency should establish a screening process, similar to standard renting procedures, which includes letter(s) of reference, verification of employment, and determination of tenant ability to pay rent. The tenants should agree to participate in the daily maintenance of the transitional housing facility, and in an orientation/training process provided by the facility aimed at promoting their transition toward stability.
(4) Maximum client stay. Clients should be limited to a maximum stay of six months. (5) Rent structure. The facility shall provide transitional housing below the median rent level within the City of Fontana.
(6) Property maintenance. The agency shall ensure that the facility is clean and litterfree at all times. The grounds shall be landscaped with materials which are compatible with the surrounding neighborhood and maintained in a trim and weedfree state. The structure shall be painted and maintained such that it is compatible with structures existing in the surrounding neighborhood. (7) Agency services. The agency shall identify in the management plan the services which are available to clients off-site, and shall demonstrate the client's ability to transport one's self to the site where services are provided.

Sec. 30-655. General development standards and design guidelines. (a) General. The development standards and design guidelines in this division shall be minimum requirements for emergency shelters, supportive and transitional housing type uses. Those standards and guidelines not fully addressed in this section shall be as otherwise stated in the appropriate section(s) of the Fontana Municipal Code, including, but not limited to, Section 30-664 et seq., and Section 30-679 et seq. of this Code.

Table 30-655.A.

Lot Dimensions, Building Height and Maximum Intensity
Feature Standard
Minimum lot size The minimum lot size shall be 20,000 square feet Lot dimensions Minimum width of 150 feet
Minimum depth of 150 feet
Maximum building
height
The maximum building height shall be 100 feet
Maximum lot
coverage
The maximum lot coverage shall be 60%
Floor-area ratio
(FAR)
The maximum base FAR shall be 0.50
(b) Building setbacks. All required yard areas (setbacks) shall be clear of all structures and other required site features such as parking areas, loading areas, fire lanes, etc., and shall be landscaped and maintained in a neat, healthy, aesthetically pleasing condition in accordance with the landscaping provisions of this division.

Setback may be increased to provide an appropriate separation between uses in order to protect the public health, safety, and welfare if alternative means of providing separation are not practical.

Table 30-655.B
Yard Area-Building Setbacks
Yard Standard
Minimum front yard setbacks 25 feet
Minimum rear yard setbacks 25 feet
Minimum interior side yard setbacks 15 feet
Minimum corner/street side yard setback 15 feet
(c) Parking and loading requirements. Off-street parking shall be located at the rear or side of the building, but may be considered elsewhere at the discretion of the Director of Community Development. Visitor parking may be located at the front of the building adjacent to the main entry. Service and loading areas may be located at the sides and rear of the building, except where such building sides are adjacent to a public right-of-way.
(d) Parking. The following are regulations for off-street parking and loading. They identify required number of parking and loading spaces for all new development projects and those proposing substantial modifications to existing buildings. For all parking and loading-related information or regulations not specifically addressed in this section, refer to Section 30-679 et seq. of this Code.

Table 30-655.C
Minimum Number of Parking Spaces Required
Use Facility
Parking
Staff
Parking
Guest
Parking
Bike
Rack
Loading
Spaces
Emergency
Shelter
1 space
per five
beds
1 space
per employee
1 space per ten
beds
5 spaces
1 Truck
space
Supportive
Housing
1 space
per
room,
family
or
resident
1 space per
employee
1 space per
three room,
family or resident
5 spaces
1 Van
space
Transitional
Housing
1 space
per
room,
family
or
resident
1 space per
employee
1 space per
three room,
family or resident
5 spaces
1 Van
space
(1) Parking and access.
a. Parking lots shall not be the dominant visual element on the site. b. Surface parking areas shall integrate trees and landscape improvements to reduce the heat island effect and to promote better visual aesthetics. c. Parking lot design shall include water quality storm water facilities consistent with City standards. See Figure 1.

Figure 1
(e) Fences, walls, and screening. The following are standards and guidelines for fences, walls, and screening.

Table 30-655.D
Standards for Fences, Walls and Screening
Location Materials Maximum
Height
Within front setback area Solid wall 42 inches
Wrought iron or
tubular steel
6 ft.

Within street side setback area Solid wall 8 ft.

Within interior side setback area Solid wall 8 ft.

Within rear setback area Solid wall 8 ft.

Screening of incidental outdoor storage from view
of the public right-of-way
Solid wall 8 ft.

Notes:
(1) All fences and walls shall be finished with decorative material (e.g., stucco, splitface, and or slump stone) when visible from the public right-of-way. (2) All fences and walls shall not interfere with or obstruct the line-of-sight for motorists. (3) Screening walls must meet the design standards of Section (n)(3)(a). (1) Fences and walls.
a. Walls and fencing materials shall consist of wrought iron, tubular steel, stone, stucco, or brick, and shall be compatible with the overall design character/style of the development. The use of chain-link fence and similar materials is prohibited.
b. Walls and fences shall be integrated with landscaping along the base of the wall or fence.
c. Wall heights and surfaces shall be articulated with varying facade depths or pilasters to promote architectural interest, and shall include a cap along the top of the wall.
d. Landscaping shall be used in combination with walls and fences to visually soften blank surfaces and to deter graffiti. Additionally, all walls shall have an anti-graffiti coating to further deter graffiti, to the satisfaction of the City. See Figure 2.

Figure 2
(f) Landscaping. Those standards and guidelines not fully addressed in this section shall be as otherwise stated in the appropriate section(s) of the Fontana Municipal Code, including, but not limited to, Section 30-664 et seq., of this Code. (1) Landscaping shall be used alone or in conjunction with other features (e.g. open space buffer, topography) to reduce potential visual and light and glare conflicts. (2) Landscape setbacks along public rights-of-way shall incorporate landscape buffers with undulating and variable height earth-mounding (berms), and/or low walls, preferably in a three-tier planting design.
(3) Landscaping shall be in scale with adjacent structures, streets, and public spaces, and be sized appropriately when fully grown.
(4) Landscaped areas should incorporate a three-tiered planting system:
a. Ground cover and flowering plants;
b. Shrubs and vines; and,
c. Trees.
(g) Site design.
(1) Courtyards and plazas.
a. Buildings should be arranged to create opportunities for open space amenities (e.g., plazas, courtyards, outdoor eating areas, etc.). (2) Building orientation.
a. The organization of buildings, parking areas, and landscaping shall recognize the existing characteristics of the site and shall relate to the surrounding development in scale and character.
b. Buildings should be oriented in a manner that takes advantage of passive solar design.
c. Buildings shall be oriented to provide a buffer between sensitive uses (i.e. residential, schools, and parks).
(3) Site elements.
a. Screening.

1. Loading areas shall be completely screened from public right-of-way(s) by building placement and/or decorative walls. Landscaping may be used in addition to such building placement and/or walls, but shall not be the sole means of screening. A sight-line analysis shall be taken from public rightof-way(s) to indicate screening of all items.

2. Trash storage enclosures and outdoor mechanical equipment shall be completely screened from public view.

3. Roof-mounted and ground-mounted mechanical equipment utilities, storage, and storage areas shall be screened from public right-of-way by a visual barrier (e.g., wall, fence, landscape material, parapet walls etc.) or other approved screening devices. Special consideration shall be given to the screening of roof-mounted equipment on building rooftops that are visible from the public right-of-way. See Figure 3.

Figure 3
(4) Lighting.
a. Outdoor lighting plans shall take into consideration the location and potential growth pattern of nearby trees (existing and planned) so that appropriate lighting levels are maintained over time.
b. Energy efficiency shall be considered through use of proper light location and placement, as well as use of energy-efficient bulbs and/or fixtures. c. Lighting fixtures shall include hoods or other design techniques to reduce glare and light pollution, especially along major streets, and to prevent light spillover onto adjacent properties.
d. Lighting shall be provided in project entryways, walkways, and parking lots to promote safety.
e. Lighting may be mounted on poles or bollards, affixed to building walls, or placed within paved or landscaped areas. Appropriate materials and construction methods shall be used to ensure proper function of project lighting fixtures.
f. Decorative light fixtures shall be consistent with the architectural design of the building.
(5) Architecture.
a. Mass and scale.

1. The mass and scale of the buildings shall respect the visual and physical relationship to the adjacent buildings and surrounding sensitive uses. Taller building elements shall be placed towards the center of the site, with lower elements adjacent to surrounding properties.

2. Buildings shall be stepped back when adjacent to or in close proximity to sensitive uses (e.g. residential, schools, etc.).

3. Vertical and horizontal offsets shall be provided to reduce the visual bulk of the building.
b. Building facades.

1. Building facades shall incorporate architectural elements such as windows, pillars, and wall plane breaks to minimize blank walls, to create visual interest, and to reduce the opportunity for graffiti.

2. All building elevations, whether front, side, or rear shall be architecturally detailed.

3. Architectural accents (e.g., cornices, tiles, trim around windows, grooves in building faces, accent band details, bulkheads, etc.) shall be used to create variation along building facades.

4. Roofs shall be designed as an integral component of building form, mass, and facade. Building form shall be enhanced by sloped or offset roof planes, eave heights, and rooflines.

City of Fontana
Action Report
Planning Commission
8437 Sierra Avenue
Fontana, CA 92335
File #: 25-0644 Agenda Date: 12/2/2025
Agenda #: PH-A Category: Public Hearing
FROM:

Planning Department
TITLE:

Master Case No. 25-0078 and Municipal Code Amendment No. 25-0010: Fontana Municipal Code amendments to Chapter 30 to modify Emergency Shelter Overlay District development standards and operating regulations and incorporate property located at 11109 Jasmine Street into the overlay district.

RECOMMENDATION:

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

1. Determine that the proposed ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the ordinance is covered by the rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and also by the common sense exemption which provides that, where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and,

2. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 25-0010 to amend Chapter 30 of the Municipal Code.

APPLICANT:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:
11109 Jasmine Street (APN: 0238-111-53) and citywide
REQUEST:

Municipal Code Amendment (MCA) No. 25-0010 is a request to amend Chapter 30 to modify Emergency Shelter Overlay District regulations and development standards and place the overlay on the property located 11109 Jasmine Street (APN: 0238-111-53).

PROJECT PLANNER:

Cecily Session-Goins, Associate Planner
BACKGROUND INFORMATION:

The City of Fontana Zoning and Development Code along with other chapters of the Fontana City of Fontana Page 1 of 2 Printed on 12/18/2025
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ATTACHMENT NO. 2 1
File #: 25-0644 Agenda Date: 12/2/2025
Agenda #: PH-A Category: Public Hearing
The City of Fontana Zoning and Development Code along with other chapters of the Fontana Municipal Code regulate the development of commercial, industrial, and residential projects. Staff conducts ongoing reviews of the municipal code to determine where language within the code would benefit from updates, clarification, redefinition or additions to help streamline and facilitate the development process and commercial business activity.

PROJECT DESCRIPTION:

Municipal Code Amendment No. 25-0010 provides updates to Chapter 30 (Zoning and Development Code), as described below. A detailed list of the proposed amendments is provided within Exhibit “A” of the Planning Commission Resolution provided as Attachment No. 1.

ANALYSIS:

This request includes modifications to the Emergency Shelter Overlay District that will simplify and clarify the development standards and operating regulations for emergency shelters in the overlay district, including:
· The addition of specific standards regarding security surveillance systems for facilities in the overlay district;
· The removal of time limits for residents’ stays;
· Limits on the provision of “walk in” services.

Additionally, the amendment will place the overlay district on the industrially zoned property at 11109 Jasmine Street (APN: 0238-111-53).

In summary, the amendments will provide clear standards for establishing and operating an emergency shelter, thereby creating opportunities to provide shelter for the unhoused population in Fontana while limiting impacts on the surrounding community.

MOTION:

Approve staff recommendation.

ATTACHMENTS:

Attachment No. 1 - Planning Commission Resolution/Exhibit A Attachment No. 2 - Notice of Exemption
Attachment No. 3 - Public Hearing Notice
City of Fontana Page 2 of 2 Printed on 12/18/2025
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ATTACHMENT NO. 1

RESOLUTION NO. PC 2025 -____

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

CALIFORNIA, RECOMMENDING THAT THE FONTANA CITY COUNCIL ADOPT AN ORDINANCE APPROVING AMENDMENTS TO SECTIONS 30-622 TO REVISE THE EMERGENCY CENTER OVERLAY DESCRIPTION AND ARTICLE XI – DIVISION 7 TO

UPDATE STANDARDS PERTAINING TO THE EMERGENCY SHELTER OVERLAY,

PURSUANT TO A CATEGORICAL EXEMPTION IN ACCORDANCE WITH CEQA GUIDELINES SECTIONS 15060(C), 15061(B)(3), AND SECTION 15378.

WHEREAS, pursuant to Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; and
WHEREAS, Government Code sections 50022.1 to 50022.10 authorize a city to codify and recodify its ordinances; and
WHEREAS, through Municipal Code Amendment (“MCA”) No. 25-0010, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the Fontana Municipal Code (“FMC”); and WHEREAS, the General Plan includes policies and actions calling for numerous updates to the FMC; and
WHEREAS, Section 30-622. Overlay districts. is amended to revise the description of the Emergency Shelter Overlay to reflect that it may be applied to properties with the Light Industrial (I-L) or General Industrial (I-G) general plan land use designation; and WHEREAS, Article XI – Division 7. Overlay districts. is amended to update the description of the Emergency Shelter Overlay; and
WHEREAS, the City of Fontana Planning Commission(“Planning Commission”) recommends that the Fontana City Council (“City Council”) determine that the amendments qualify for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the commonsense exemption), and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA as the amendments are covered by the rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and also by the common sense exemption which provides that, where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is exempt from CEQA; and WHEREAS, on December 2, 2025, the Planning Commission carefully considered all information pertaining to the municipal code amendments, including the staff report, and all the information, evidence, and testimony presented at its public hearing on December 2, 2025; and
3 ATTACHMENT NO. 1

WHEREAS, the amendments are consistent and compatible with the City’s General Plan and are in line with goals, policies and objectives of the City, including the Housing Element policies and the provisions of the Zoning and Development Code; and WHEREAS, the amendments are in conformity with appropriate land use practices and will establish appropriate development standards for the land use designations; and WHEREAS, the amendments to the FMC, attached hereto as Exhibit “A” and incorporated herein by this reference, will not be detrimental to the public health, safety, and general welfare, will not adversely affect the orderly development of property, will better express the City’s policies, and will generally promote good land use planning and regulation; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, the Planning Commission RESOLVES as follows:

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

Section 2. CEQA. The Planning Commission hereby recommends that the City Council determine that this ordinance qualifies for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, because the Ordinance is covered by the rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and also by the common sense exemption which provides that, where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is exempt from CEQA; therefore, a Notice of Exemption has been prepared.

Section 3. Municipal Code Amendment. The Planning Commission hereby makes the following finding for MCA No. 25-0010 in accordance with Section 30-45(b) “HearingPlanning Commission” development code amendments of the Fontana Zoning and Development Code:

Finding: The proposal substantially promotes the goals of the City’s general plan.

Finding of Fact: The proposed Municipal Code Amendments will revise the Emergency Shelter Overlay to create additional opportunities for housing and support services for the unhoused population. These amendments further the General Plan goals of providing adequate housing to meet 4 ATTACHMENT NO. 1

the needs of all residents in Fontana and of promoting a diversified economy.

Section 4. Recommendation of Approval. Based on the foregoing, the Planning Commission hereby recommends that the City Council adopt an ordinance approving MCA No. 25-0010 to amend Chapter 30 of the FMC as indicated in Exhibit “A” which is attached hereto and incorporated herein by reference.

Section 5. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335.

This information is provided in compliance with Public Resources Code section 21081.6.

Section 6. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption.

Section 8. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or applications of this Resolution that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 2
nd day of December 2025.

City of Fontana
___________________________
Idilio Sanchez, Chairperson
ATTEST:

I, Joseph Armendarez, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 2 nd day of
December 2025, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
5 ATTACHMENT NO. 1

___________________________
Joseph Armendarez, Secretary
6 ATTACHMENT NO. 1

“EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(*Additions shown in underline, deletions shown in strikeout) ARTICLE IX. - OVERLAY DISTRICTS
DIVISION 1. - GENERALLY
Sec. 30-621. - Purpose.

The purpose of this article is to create overlay districts that establish additional use regulations and development standards for specific types of use and specific areas of the City requiring special consideration in the development process. The regulations established in this article for the overlay districts shall apply in addition to the regulations established for the underlying zone districts.

Sec. 30-622. - Overlay districts.
(a)Medical center overlay district. A district that may overlay any medical center complex. (b)Utility corridor overlay district. A district that is intended to provide for appropriate development within or near those areas containing easements for public utilities. (c)Hillside overlay district. A district that protects the public health and safety, minimizes environmental impacts, and requires development to conform to the natural topography of hillside areas.
(d)Auto center overlay district. A district that is intended to promote new car and truck sales adjacent to the 1-210 Freeway.
(e)Warehousing distribution/logistics overlay district (Sierra Avenue). A district that provides for the limited, well planned and orderly development of warehousing distribution/logistics uses on properties within the light industrial (M-1) zone as provided for in Section 30-532 et seq. Unlike other overlay districts in this division, this overlay identifies a geographic area where such uses may be allowed subject to a separate zone change request to establish the overlay on one or more parcels eligible to receive it. (f)Valley business park overlay district. The intent of the valley business park overlay is to provide for a well-planned and orderly development of business park and warehousing distribution uses on parcels within the M-1 zone located on designated areas within the adopted overlay that are generally located on the south side of Valley Boulevard. (g)Emergency shelter overlay district. A district that provides for seamless incorporation of emergency, supportive, and transitional housing opportunities on specific properties within the light industrial (M-1) zoning district Light Industrial (I-L) and/ or General Industrial (I-G) general plan land use designations to house individuals at risk of homelessness with such needs for no more than a six-month period, as required by Government Code § 65583(a)(4) and 65583(a)(5).
7 ATTACHMENT NO. 1

(h)(R-4) overlay district. The intent of the R-4 overlay district is to provide areas for the potential development at the multi-family residential (R-4) density of 24.1 du/ac to 39 du/ac for multi-family development in close proximity to transit routes and convenience uses in recognition of the need for affordable housing.

DIVISION 7. EMERGENCY SHELTER OVERLAY DISTRICT
Sec. 30-651. Emergency shelter overlay district (ESO) regulations. (a) Applicability. The provisions of this division shall apply to light industrial (I-L) land use designations and specific plan industrial land use designations as specified in Figure Figure 1
8 ATTACHMENT NO. 1

(b) Relation to underlying zoning. The emergency shelter overlay district is a flexible designation that is intended to apply in conjunction with, or as an alternative to the provisions in the underlying zoning. When utilized in conjunction with the underlying zone, if the provisions of this division are in conflict with the provisions of the underlying zoning district, the provisions of this division shall apply. (c) Intent. The intent of the emergency shelter overlay district is to provide for supportive and transitional housing uses on specific properties within the light industrial(M-1) zoning district Light Industrial (I-L) and General Industrial (I-G) general plan use designations. Additionally, the further intent of this overlay district is to allow emergency shelters without a conditional use permit or other discretionary permit in accordance with Government Code § 65583. Recognizing the need for available and affordable sites for establishment of emergency shelters and other transitional housing types outside of the traditional locations in commercial districts, the emergency shelter overlay district provides areas and districts for the development of new emergency and supportive housing to be integrated with commercial and light industrial uses and existing social services throughout the City. The purpose of the designated boundaries (area of applicability) is to maximize the potential for provision of emergency shelter and support services throughout the City of Fontana. (d) Definitions.

Emergency shelters. The California Health and Safety Code (§ 50801(e)) defines "emergency shelter" as housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

Single room occupancy. Typically, a single-room occupancy (SRO) unit is a multiple tenant building that houses one or two people in individual rooms (sometimes two rooms, or two rooms with a bathroom or half bathroom), or to the single room dwelling itself. SRO tenants typically share bathrooms and/or kitchens, while some SRO rooms may include kitchenettes, bathrooms, or half-baths. Most SRO units are small, with a gross floor area of less than 400 square feet. Each dwelling unit is restricted to occupancy by no more than two persons and is offered on a monthly rental basis or longer.

1.7 AC
9 ATTACHMENT NO. 1

Supportive housing. Under the housing element law, supportive housing is defined as housing with no limit on length of stay that is occupied by a target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (California Health and Safety Code § 50675.14(b)).

Transitional housing. The California Health and Safety Code (§ 50675.2) defines "transitional housing" and "transitional housing development" as buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no more than six months. This definition of transitional housing does not encompass all transitional housing facilities, particularly those that operate as group quarters or community care facilities that charge fees rather than rents.

Sec. 30-652. Administrative site plan review required.

Any development proposal within the emergency shelter overlay district shall be subject to an administrative site plan review process pursuant to Article II, Division 10 et seq. of this Code.

Sec. 30-653. Emergency shelters.

The following standards shall be required for development or establishment of emergency shelters in the ESO district:

The following development standards shall apply.
(1) [Density of residents.] The maximum resident density shall be one resident per 150 square feet, up to a maximum of 60 residents in a single shelter. Facilities operated independently of the City of Fontana by private organizations or other government, or quasigovernment organizations, shall be limited to a maximum of 50 residents. (2) [Number of staff.] The facility shall be staffed with one staff person per 15 occupied beds and shall be awake during the hours of operation.
(3) Waiting/intake area. The shelter may have a waiting and intake area no larger than 100 square feet combined;
(3)(4) On-site manager. The shelter must have at least one on-site manager at all times during hours of operation.
(4)(5) Distance requirements. The distance between emergency shelters shall be a minimum of 300 feet. No emergency shelter shall be located within 300 feet of any public park and/or school.
(5)(6) Security. The emergency shelter shall provide a security plan that ensures the safety of the residents, visitors and employees. The plan shall be reviewed by the Chief of Police or his designee and shall include, but is not limited to, the following:
10 ATTACHMENT NO. 1

a. Color, security surveillance system with recording capability; unless otherwise approved in writing by the Chief of the Fontana Police Department, the security system shall include surveillance cameras capable of recording interior and exterior common areas, in color, 24 hours per day. All recordings shall be retained for a minimum of 30 days.
b. On-site security guard(s), the number of security guards shall be based on the following ratio of one guard for every ten patrons.
c. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties. (7) Length of stay. Emergency shelter shall only be provided for a time period of six months for any individual resident.
(6)(8) Laundry facility. The shelter shall provide on-site laundry facilities or services adequate for the number of residents.
(7)(9) Outdoor activities. Any emergency shelter adjacent to a residential use shall limit outdoor activities to the following hours: 8:00 a.m. to 9:00 p.m. Monday through Sunday.
(10) Pay phone. There shall not be any outdoor public telephones on the site nor along the public right-of-way.
(8)(11) Signage. No signs are permitted on the property relating to its use as a shelter for the homeless unless approved in writing by the Planning Director; (9)(12) Bathroom facilities. Each emergency shelter shall provide facilities for personal care (i.e., bathroom and shower facilities).
(10)(13) Toilets. No outdoor toilets are allowed on the site unless during construction or a special event;
(11)(14) Shelter provider. The agency or organization operating the emergency shelter shall comply with the following requirements:
a. Staff and services shall be provided to assist residents of the shelter in obtaining permanent housing and income;
b. A written management plan including, as applicable, provision for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment outreach programs for residents;
(12)(15) Facility layout. Living, dining, and kitchen areas shall be physically separated from sleeping areas.
(13)(16) Sleeping area. Each emergency shelter shall provide at least 35 30 square feet of sleeping area per bed.
11 ATTACHMENT NO. 1

(14)(17) Litter and graffiti. The owner/operator shall:
a. Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times;
b. Provide for daily removal of trash from the premises and abutting sidewalks or alleys within 20 feet of the premises; and
c. Remove graffiti within 48 hours of written notice from the City. (15)(18) Controlled access. The facility and/or the premises shall be accessed by one entrance.
(16)(19) Property maintenance. The agency shall ensure that the facility is clean and litter-free at all times. The grounds shall be landscaped with materials which are compatible with the surrounding neighborhood and maintained in a trim and weedfree state. The structure shall be painted and maintained such that it is compatible with structures existing in the surrounding neighborhood. (17) Facility shall not provide “walk in” services for new or prospective residents.

Operators shall strictly enforce a “no walk-in/no walk-out” policy for facility guests and residents. Details regarding the management and enforcement of this policy shall be provided in the facility’s operations and management plan, subject to the review and approval of the Planning Director.

Sec. 30-654. Transitional housing facilities.

The following development standards shall apply.
(1) Establishment. A management plan form shall be obtained, completed in detail, and returned to the City of Fontana's Community Development Department Housing Manager for review and approval. The transitional housing program management plan is a detailed analysis of how an agency intends to operate and maintain a transitional housing facility in accordance with existing city ordinances and the criteria contained in this section.
(2) Qualifications. The applicant shall be a qualified agency with knowledge, understanding, and demonstrable experience in the operation and management of a transitional housing facility.
(3) Client screening. The agency should establish a screening process, similar to standard renting procedures, which includes letter(s) of reference, verification of employment, and determination of tenant ability to pay rent. The tenants should agree to participate in the daily maintenance of the transitional housing facility, and in an orientation/training process provided by the facility aimed at promoting their transition toward stability.
(4) Maximum client stay. Clients should be limited to a maximum stay of six months. 12 ATTACHMENT NO. 1

(5) Rent structure. The facility shall provide transitional housing below the median rent level within the City of Fontana.
(6) Property maintenance. The agency shall ensure that the facility is clean and litterfree at all times. The grounds shall be landscaped with materials which are compatible with the surrounding neighborhood and maintained in a trim and weedfree state. The structure shall be painted and maintained such that it is compatible with structures existing in the surrounding neighborhood. (7) Agency services. The agency shall identify in the management plan the services which are available to clients off-site, and shall demonstrate the client's ability to transport one's self to the site where services are provided.

Sec. 30-655. General development standards and design guidelines. (a) General. The development standards and design guidelines in this division shall be minimum requirements for emergency shelters, supportive and transitional housing type uses. Those standards and guidelines not fully addressed in this section shall be as otherwise stated in the appropriate section(s) of the Fontana Municipal Code, including, but not limited to, Section 30-664 et seq., and Section 30-679 et seq. of this Code.

Table 30-655.A.

Lot Dimensions, Building Height and Maximum Intensity
Feature Standard
Minimum lot size The minimum lot size shall be 20,000 square feet Lot dimensions Minimum width of 150 feet
Minimum depth of 150 feet
Maximum building
height
The maximum building height shall be 100 feet
Maximum lot
coverage
The maximum lot coverage shall be 60%
Floor-area ratio
(FAR)
The maximum base FAR shall be 0.50
(b) Building setbacks. All required yard areas (setbacks) shall be clear of all structures and other required site features such as parking areas, loading areas, fire lanes, etc., and shall be landscaped and maintained in a neat, healthy, aesthetically pleasing condition in accordance with the landscaping provisions of this division.

Setback may be increased to provide an appropriate separation between uses in order to protect the public health, safety, and welfare if alternative means of providing separation are not practical.

Table 30-655.B
Yard Area-Building Setbacks
13 ATTACHMENT NO. 1

Yard Standard
Minimum front yard setbacks 25 feet
Minimum rear yard setbacks 25 feet
Minimum interior side yard setbacks 15 feet
Minimum corner/street side yard setback 15 feet
(c) Parking and loading requirements. Off-street parking shall be located at the rear or side of the building, but may be considered elsewhere at the discretion of the Director of Community Development. Visitor parking may be located at the front of the building adjacent to the main entry. Service and loading areas may be located at the sides and rear of the building, except where such building sides are adjacent to a public right-of-way.
(d) Parking. The following are regulations for off-street parking and loading. They identify required number of parking and loading spaces for all new development projects and those proposing substantial modifications to existing buildings. For all parking and loading-related information or regulations not specifically addressed in this section, refer to Section 30-679 et seq. of this Code.

Table 30-655.C
Minimum Number of Parking Spaces Required
Use Facility
Parking
Staff
Parking
Guest
Parking
Bike
Rack
Loading
Spaces
Emergency
Shelter
1 space
per five
beds
1 space
per employee
1 space per ten
beds
5 spaces
1 Truck
space
Supportive
Housing
1 space
per
room,
family
or
resident
1 space per
employee
1 space per
three room,
family or resident
5 spaces
1 Van
space
Transitional
Housing
1 space
per
room,
family
or
resident
1 space per
employee
1 space per
three room,
family or resident
5 spaces
1 Van
space
(1) Parking and access.
a. Parking lots shall not be the dominant visual element on the site. b. Surface parking areas shall integrate trees and landscape improvements to reduce the heat island effect and to promote better visual aesthetics. c. Parking lot design shall include water quality storm water facilities consistent with City standards. See Figure 1.
14 ATTACHMENT NO. 1

Figure 1
(e) Fences, walls, and screening. The following are standards and guidelines for fences, walls, and screening.

Table 30-655.D
Standards for Fences, Walls and Screening
Location Materials Maximum
Height
Within front setback area Solid wall 42 inches
Wrought iron or
tubular steel
6 ft.

Within street side setback area Solid wall 8 ft.

Within interior side setback area Solid wall 8 ft.

Within rear setback area Solid wall 8 ft.

Screening of incidental outdoor storage from view
of the public right-of-way
Solid wall 8 ft.

Notes:
(1) All fences and walls shall be finished with decorative material (e.g., stucco, splitface, and or slump stone) when visible from the public right-of-way. (2) All fences and walls shall not interfere with or obstruct the line-of-sight for motorists. (3) Screening walls must meet the design standards of Section (n)(3)(a). (1) Fences and walls.
a. Walls and fencing materials shall consist of wrought iron, tubular steel, stone, stucco, or brick, and shall be compatible with the overall design character/style of the development. The use of chain-link fence and similar materials is prohibited.
b. Walls and fences shall be integrated with landscaping along the base of the wall or fence.
15 ATTACHMENT NO. 1

c. Wall heights and surfaces shall be articulated with varying facade depths or pilasters to promote architectural interest, and shall include a cap along the top of the wall.
d. Landscaping shall be used in combination with walls and fences to visually soften blank surfaces and to deter graffiti. Additionally, all walls shall have an anti-graffiti coating to further deter graffiti, to the satisfaction of the City. See Figure 2.

Figure 2
(f) Landscaping. Those standards and guidelines not fully addressed in this section shall be as otherwise stated in the appropriate section(s) of the Fontana Municipal Code, including, but not limited to, Section 30-664 et seq., of this Code. (1) Landscaping shall be used alone or in conjunction with other features (e.g. open space buffer, topography) to reduce potential visual and light and glare conflicts. (2) Landscape setbacks along public rights-of-way shall incorporate landscape buffers with undulating and variable height earth-mounding (berms), and/or low walls, preferably in a three-tier planting design.
(3) Landscaping shall be in scale with adjacent structures, streets, and public spaces, and be sized appropriately when fully grown.
(4) Landscaped areas should incorporate a three-tiered planting system:
a. Ground cover and flowering plants;
b. Shrubs and vines; and,
c. Trees.
(g) Site design.
(1) Courtyards and plazas.
a. Buildings should be arranged to create opportunities for open space amenities (e.g., plazas, courtyards, outdoor eating areas, etc.). (2) Building orientation.
a. The organization of buildings, parking areas, and landscaping shall recognize the existing characteristics of the site and shall relate to the surrounding development in scale and character.
b. Buildings should be oriented in a manner that takes advantage of passive solar design.
16 ATTACHMENT NO. 1

c. Buildings shall be oriented to provide a buffer between sensitive uses (i.e. residential, schools, and parks).
(3) Site elements.
a. Screening.

1. Loading areas shall be completely screened from public right-of-way(s) by building placement and/or decorative walls. Landscaping may be used in addition to such building placement and/or walls, but shall not be the sole means of screening. A sight-line analysis shall be taken from public rightof-way(s) to indicate screening of all items.

2. Trash storage enclosures and outdoor mechanical equipment shall be completely screened from public view.

3. Roof-mounted and ground-mounted mechanical equipment utilities, storage, and storage areas shall be screened from public right-of-way by a visual barrier (e.g., wall, fence, landscape material, parapet walls etc.) or other approved screening devices. Special consideration shall be given to the screening of roof-mounted equipment on building rooftops that are visible from the public right-of-way. See Figure 3.

Figure 3
(4) Lighting.
a. Outdoor lighting plans shall take into consideration the location and potential growth pattern of nearby trees (existing and planned) so that appropriate lighting levels are maintained over time.
b. Energy efficiency shall be considered through use of proper light location and placement, as well as use of energy-efficient bulbs and/or fixtures. c. Lighting fixtures shall include hoods or other design techniques to reduce glare and light pollution, especially along major streets, and to prevent light spillover onto adjacent properties.
d. Lighting shall be provided in project entryways, walkways, and parking lots to promote safety.
e. Lighting may be mounted on poles or bollards, affixed to building walls, or placed within paved or landscaped areas. Appropriate materials and 17 ATTACHMENT NO. 1

construction methods shall be used to ensure proper function of project lighting fixtures.
f. Decorative light fixtures shall be consistent with the architectural design of the building.
(5) Architecture.
a. Mass and scale.

1. The mass and scale of the buildings shall respect the visual and physical relationship to the adjacent buildings and surrounding sensitive uses. Taller building elements shall be placed towards the center of the site, with lower elements adjacent to surrounding properties.

2. Buildings shall be stepped back when adjacent to or in close proximity to sensitive uses (e.g. residential, schools, etc.).

3. Vertical and horizontal offsets shall be provided to reduce the visual bulk of the building.
b. Building facades.

1. Building facades shall incorporate architectural elements such as windows, pillars, and wall plane breaks to minimize blank walls, to create visual interest, and to reduce the opportunity for graffiti.

2. All building elevations, whether front, side, or rear shall be architecturally detailed.

3. Architectural accents (e.g., cornices, tiles, trim around windows, grooves in building faces, accent band details, bulkheads, etc.) shall be used to create variation along building facades.

4. Roofs shall be designed as an integral component of building form, mass, and facade. Building form shall be enhanced by sloped or offset roof planes, eave heights, and rooflines.
18 Notice of Exemption FORM “A”
ATTACHMENT NO. 2

NOTICE OF EXEMPTION
TO:
☒
Office of Land Use and Climate
Innovation
State Clearinghouse
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM:
(Public
Agency)
Name: City of Fontana
Address: 8353 Sierra Ave,
Fontana CA 92335
Telephone: 909-350-6568
☒ Clerk of the Board of Supervisors
or
County Clerk (Include County
name)
Address:

1. Project Title: Master Case No. 25-0078, Municipal
Code Amendment No. 25-0010

2. Project Applicant (include address,
telephone number and email address):

City of Fontana, Planning Department,
8353 Sierra Avenue, Fontana, CA 92335,
Cecily Session-Goins, Associate
Planner, (909) 350-6723,
[email protected]

3. Project Location – Identify Street
address and cross streets or attach a
map showing project site (preferably a
USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):
11109 Jasmine Street (APN: 0238-111-
53), City of Fontana, County of San
Bernardino

4. (a) Project Location – City: Fontana (b) Project Location – County: San Bernardino

5. Description of nature, purpose, and
beneficiaries of Project:

The project is Municipal Code
Amendment No. 25-0010 - Fontana
Municipal Code amendment to Chapter
30 (Zoning and Development Code)
pertaining to development standards and
operating regulations in the Emergency
Shelter Overlay District.

6. Name of Public Agency approving
project:

City of Fontana
19 Notice of Exemption FORM “A”

7. Name of Person or Agency undertaking
the project, including any person
undertaking an activity that receives
financial assistance from the Public
Agency as part of the activity or the
person receiving a lease, permit,
license, certificate, or other entitlement
of use from the Public Agency as part of
the activity:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6718

8. Exempt status: (check one)
(a) ☐ Ministerial project. (Pub. Resources Code § 21080(b)(1); State CEQA Guidelines § 15268)
(b) ☐ Not a project. State CEQA Guidelines 15050(c)(2)-(3) (c) ☐ Declared Emergency (Pub. Resources Code § 21080(b)(3); State CEQA Guidelines § 15269(a))
(d) ☐ Emergency Project. (Pub. Resources Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c))
(e) ☐ Categorical Exemption.

State type and section
number:
(f) ☐ Statutory Exemption.

State Code section number:
(g) ☒ Other. Explanation: This Ordinance is not a project pursuant to Section 15060(c), 15061(B)(3) (the
common-sense exemption) and 15378 of the
State of California Environmental Quality Act
Guidelines, 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.

9. Reason why project was exempt: This project is a citywide amendment to Chapter 30 of the Zoning and
Development Code regarding the
Emergency Shelter Overlay District.

There is no associated development with
this project.

10. Lead Agency Contact Person:

Telephone:

Cecily Session-Goins, Associate Planner
909-350-6723

11. If filed by applicant: Attach Certificate of Determination (Form “B”) before filing. 20 Notice of Exemption FORM “A”

12. Was a public hearing held by the Lead Agency to consider the exemption? Yes ☒ No ☐
If yes, the date of the public hearing was: December 2, 2025 Date:
________________________________
Signature
Name: Rina Leung
Title: Senior Planner
☒ Signed by Lead Agency ☐ Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. 21 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 PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:

MASTER CASE NUMBER (MCN) NO. 25-0078 - MUNICIPAL CODE AMENDMENT (MCA) NO. 25-0010 Review of amendments to Chapter 30 to modify the description and standards for the Emergency Shelter Overlay District. The proposed project also includes the addition of the Emergency Shelter Overlay District to a property located at 11109 Jasmine Street.

Environmental
Determination:

This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, Section No. 3.22 and

3.07 of the 2019 Local Guidelines for Implementing CEQA, because it does not have potential for resulting in physical change in the environment, directly or indirectly.

Where it can be with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Location of Property: 11109 Jasmine Street
(APN: 0238-111-53)
Date of Hearing: December 2, 2025
Place of Hearing: City Hall Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
Time of Hearing: 6:00 pm
Should you have any questions concerning this project, please contact Cecily Session-Goins, Associate Planner, at (909) 350-6723 or by email at [email protected]

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION AT THE PLANNING DEPARTMENT, CITY HALL.

PLEASE CONTACT THE PLANNER LISTED ABOVE.

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

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

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

Publish: November 11, 2025
S. B. Sun Newspaper
DAHLIA ST.

JASMINE ST.

PROJECT SITE
ATTACHMENT NO. 3
22 AVISO DE AUDIENCIA PUBLICA
En cumplimiento con la Seccion No. 202 de la Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132) y las reglas y regulaciones federales adoptadas en la implementacion de esta, la agenda de esta audiencia estara 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 notificacion debera 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 PUBLICA ANTE LA COMISION DE PLANIFICACION DE LA CIUDAD DE FONTANA PARA LO SIGUIENTE:

MCN No. 25-0078, y MCA No. 25-0010
Revisión de las enmiendas al Capítulo 30 para modificar la descripción y las normas del Distrito Superpuesto de Refugios de Emergencia. El proyecto propuesto también incluye la adición del Distrito Superpuesto de Refugios de Emergencia a una propiedad ubicada en 11109 Jasmine Street.

Determinacion Ambiental: Esta Ordenanza no es un proyecto en el sentido de la Sección 15378 de las Directrices de la Ley de Calidad Ambiental de California ("CEQA"), ni de las Secciones No. 3.22 y 3.07 de las Normas Locales de 2019 para la Implementación de la CEQA, dado que no tiene el potencial de resultar en un cambio físico en el medio ambiente, ni directa ni indirectamente. Cuando se puede determinar con certeza que no existe la posibilidad de que la actividad en cuestión pueda tener un efecto significativo en el medio ambiente, la actividad no está sujeta a la CEQA.

Ubicacion de la Propiedad: 11109 Jasmine Street (APN: 0238-111-53) Fecha de Audiencia: 2 de diciembre de 2025
Lugar de Audiencia: Ayuntamiento de la Ciudad de Fontana, 8353 Sierra Avenue, Fontana, CA 92335 Hora de Audiencia: 6:00 p.m.

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

Cualquier persona o grupo interesado en aportar informacion lo puede hacer mediante a una carta o correo electronico dirigido a La Comision de Planificacion. La solicitud y la documentación Ambiental está 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 Publica, usted puede estar limitado a plantear solamente aquellas cuestiones que usted o alguien más 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.

ATTACHMENT NO. 3
23 City of Fontana
Planning Commission
Minutes
Idilio Sanchez, Chair
Ricardo Quintana, Vice Chair
Joe Armendarez, Secretary
Torrie Lozano, Commissioner
Dylan Keetle, Commissioner
Tuesday, December 2, 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, December 2, 2025. Vice Chair Quintana called the meeting to order at 6:03 p.m.

Present: Vice Chair Quintana, Commissioners Lozano and Keetle

Absent: Chair Sanchez and Secretary Armendarez
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

Following the Invocation by Chaplain Daniel Vasquez, the Pledge of Allegiance was led by Commissioner Lozano.

ATTACHMENT NO. 3
Planning Commission Minutes December 2, 2025

PUBLIC COMMUNICATIONS:

A. Public Communications:

None.

CONSENT CALENDAR:

A. Planning Commission Determination of General Plan conformance under Government Code section 65402 for the Vacation of a portion of Nuevo Avenue and portion of an unnamed Alley, located on the east side of Nuevo Avenue both between Arrow Blvd and Spring Street, pursuant to a CEQA exemption in accordance with CEQA Guidelines Section 15061(b)(3).

Adopt Resolution No. PC 2025-047 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.

B. Approval of Minutes:

Approve the Regular Planning Commission Meeting Minutes of November 18, 2025.

ACTION: A Motion was made by Commissioner Keetle and seconded by Commiss ioner Lozano and passed by a vote of 3-0 to approve the Consent Calendar.

The motion carried by the following vote:

Aye: Vice Chair Quintana, Commissioners Lozano and Keetle

Absent: Chair Sanchez and Secretary Armendarez
Abstain: None
PH- A Master Case No. 25-0078 and Municipal Code Amendment No. 25-0010:

Fontana Municipal Code amendments to Chapter 30 to modify Emergency Shelter Overlay District development standards and operating regulations and incorporate property located at 11109 Jasmine Street into the overlay district.

Vice Chair Quintana opened the Public Hearing
Cecily Session-Goins, Associate Planner, presented the staff report.

No written correspondence was received.

Commissioner Lozano asked staff to clarify the current time limit for residents that is being removed. Associate Planner, Cecily Session-Goins responded that the existing six-month Planning Commission Minutes December 2, 2025

limit is being eliminated to provide greater flexibility for various facility types within the overlay district, allowing operators to determine appropriate lengths of stay, particularly for transitional-type facilities.

Speaker, Steve Wilkerson, spoke regarding concerns with overnight parking and other activity in the area.

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 2025-048; and,

1. Determine that the proposed ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the ordinance is covered by the rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and also by the common sense exemption which provides that, where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and,

2. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No 25-0010 to amend Chapter 30 of the Municipal Code.

ACTION: Motion was made by Commissioner Keetle and seconded by Commissioner Lozano and passed by a vote of 3-0 to approve Public Hearing Item “A” and adopt Resolution No. PC 2025-048.

The motion carried by the following vote:

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

PH-B Master Case No. 22-000124-R1; Design Review (DRP) No. 22-00057-R1 - A request for revisions to a previously approved design review (DR No. 22-00057).

The revisions include modifications to the elevations, increase in the number and size of the 2-bedroom units, reduction in the number of 1-bedroom units, reduction in the square footage of the recreational room and landscaping area, and increase in the size of the carport, porte cochere, and trellis areas, for a previously approved 66-unit senior apartment complex within two (2) buildings, and associated site Planning Commission Minutes December 2, 2025

improvements, on approximately 2.0 acres, pursuant to a Categorical Exemption in accordance with CEQA Guidelines Section 15332.

Vice Chair Quintana opened the Public Hearing.

No written correspondence was received.

Salvador Quintanilla, Senior Planner, presented the staff report.

Commissioner Lozano asked for clarification regarding the parking increase from 37 to 38 spaces. Staff explained that the total number of parking spaces did not change; rather, the number of covered carport spaces increased by one to meet requirements after two additional bedrooms were added, which triggered the need for an additional covered space.

The applicant, David Spiegel, stated that he read and agreed to the Conditions of Approval and explained that the approved 84-unit project was modified to adjust the mix of one- and two-bedroom units and relocate the elevator, resulting in less than a 2% change to the overall building size. He noted that the adjustments amount to roughly 300 square feet per building on the first floor, with a total change of approximately 2,700 square feet including covered parking. The applicant stated the revisions improve building efficiency and respond to a higher community need for two-bedroom units.

No individual 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 2025-049, 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. 22-00057-R1.

ACTION: Motion was made by Commissioner Lozano and seconded by Commissioner Keetle and passed by a vote of 3-0 to approve Public Hearing Item “B”; adopt Resolution No. PC 2025-049 and approve Design Review (DRP) No. 22- 00057-R1.

Planning Commission Minutes December 2, 2025

The motion carried by the following vote:

AYES: Vice Chair Quintana, Commissioners Lozano and Keetle NOES: None; ABSTAIN: None; ABSENT: Chair Sanchez and Secretary Armendarez DIRECTOR COMMUNICATIONS:

A. Director Communications:

None.

COMMENTS:

A. Public Communication Commission Comments:

Commissioner Keetle wished everyone a happy holiday season, expressed appreciation for the Planning staff, and acknowledged his son’s birthday.

Commissioner Lozano thanked staff and presenters, extended holiday greetings.

Vice Chair also commended staff for the presentations, wished a happy birthday to Commissioner Keetle’s son, and expressed appreciation for serving on the Planning Commission.

ADJOURNMENT:

Vice Chair Quintana adjourned the meeting at 6:31 p.m. to the next Regular Planning Commission Meeting on Tuesday, December 16, 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 16th DAY OF DECEMBER 2025.
_______________________
Ricardo Quintana
Vice Chair
Notice of Exemption FORM “A”
ATTACHMENT NO. 4

NOTICE OF EXEMPTION
TO:
☒
Office of Land Use and Climate
Innovation
State Clearinghouse
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM:
(Public
Agency)
Name: City of Fontana
Address: 8353 Sierra Ave,
Fontana CA 92335
Telephone: 909-350-6568
☒ Clerk of the Board of Supervisors
or
County Clerk (Include County
name)
Address:

1. Project Title: Master Case No. 25-0078, Municipal
Code Amendment No. 25-0010

2. Project Applicant (include address,
telephone number and email address):

City of Fontana, Planning Department,
8353 Sierra Avenue, Fontana, CA 92335,
Cecily Session-Goins, Associate
Planner, (909) 350-6723,
[email protected]

3. Project Location – Identify Street
address and cross streets or attach a
map showing project site (preferably a
USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):

Citywide and 11109 Jasmine Street
(APN: 0238-111-53) , City of Fontana,
County of San Bernardino

4. (a) Project Location – City: Fontana (b) Project Location – County: San Bernardino

5. Description of nature, purpose, and
beneficiaries of Project:

The project is Municipal Code
Amendment No. 25-0010 - Fontana
Municipal Code amendment to Chapter
30 (Zoning and Development Code)
pertaining to development standards and
operating regulations in the Emergency
Shelter Overlay. The amendment will also
apply the overlay to a property at 11109
Jasmine Street.

Notice of Exemption FORM “A”

6. Name of Public Agency approving
project:

City of Fontana

7. Name of Person or Agency undertaking
the project, including any person
undertaking an activity that receives
financial assistance from the Public
Agency as part of the activity or the
person receiving a lease, permit,
license, certificate, or other entitlement
of use from the Public Agency as part of
the activity:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6718

8. Exempt status: (check one)
(a) ☐ Ministerial project. (Pub. Resources Code § 21080(b)(1); State CEQA Guidelines § 15268)
(b) ☐ Not a project. State CEQA Guidelines 15050(c)(2)-(3) (c) ☐ Declared Emergency (Pub. Resources Code § 21080(b)(3); State CEQA Guidelines § 15269(a))
(d) ☐ Emergency Project. (Pub. Resources Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c))
(e) ☐ Categorical Exemption.

State type and section
number:
(f) ☐ Statutory Exemption.

State Code section number:
(g) ☒ Other. Explanation: The ordinance is categorically exempt from the California Environmental Quality Act
(“CEQA”) pursuant to CEQA Guidelines
Sections 15060(c), 15378, and 15061(B)(3)
(the common-sense exemption), and
Sections No. 3.01, 3.22 and 10.59 of the
2019 Local Guidelines for Implementing
CEQA, in that the ordinance is covered by
the rule that CEQA applies only to projects
which have the potential for causing a
significant effect on the environment, and
also by the common sense exemption which
provides that, where it can be determined
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.

9. Reason why project was exempt: This project is a citywide amendment to Chapter 30 of the Zoning and
Development Code regarding the
Notice of Exemption FORM “A”
Emergency Shelter Overlay. There is no
associated development with this project.

10. Lead Agency Contact Person:

Telephone:

Cecily Session-Goins, Associate Planner
909-350-6723

11. If filed by applicant: Attach Certificate of Determination (Form “B”) before filing.

12. Was a public hearing held by the Lead Agency to consider the exemption? Yes ☒ No ☐
If yes, the date of the public hearing was: February 10, 2026 Date:
________________________________
Signature
Name: Rina Leung
Title: Senior Planner
☒ Signed by Lead Agency ☐ Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

ATTACHMENT NO. 5

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

In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to 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 (MCN) NO. 25-0078 and MUNICIPAL CODE AMENDMENT (MCA) NO. 25-0010 An amendment to Chapter 30 of the Fontana Municipal Code (FMC) to amend the development standards and operating regulations within the Emergency Shelter Overlay and to apply the overlay to the property located at 11109 Jasmine Street.

Environmental
Determination:

The proposed ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15060(c), 15378, and 15061(B)(3) (the common-sense exemption), and Sections No. 3.01, 3.22 and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the ordinance is covered by the rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and also by the common sense exemption which provides that, where it can be determined 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.

Citywide and 11109 Jasmine Street
February 10, 2026
Steelworkers’ Auditorium
8437 Sierra Avenue
Fontana, CA 92335
2:00 pm
Location of Property:

Date of Hearing:

Place of Hearing:

Time of Hearing:

Should you have any questions concerning this project, please contact Cecily Session-Goins, Associate Planner, at (909) 350-6723 or by email at [email protected].

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION AT THE PLANNING DEPARTMENT, CITY HALL.

PLEASE CONTACT THE PLANNER LISTED ABOVE.

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

MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE

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

Publish Date: January 30, 2026
¼ Page
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0715 Agenda Date: 2/10/2026
Agenda #: B. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Master Case (MCN) No. 25-0080 and Municipal Code Amendment (MCA) No. 25-0011: A request to amend Section 30-467 of the Fontana Municipal Code regarding accessory dwelling units and junior accessory dwelling units to comply with recent changes in State law; and pursuant to a statutory exemption from CEQA Under Section 21080.17 of the Public Resources Code.

RECOMMENDATION:

Open the public hearing, receive public testimony, close the public hearing and by motion:

1. Find that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17.

2. Waive full reading and introduce for first reading by title only Ordinance No. 1983 entitled: “An Ordinance of The City Council Of The City Of Fontana Amending Section 30-467 Of The City Of Fontana Municipal Code Relating To Accessory Dwelling Units and Junior Accessory Dwelling Units and Pursuant to a Statutory Exemption Under CEQA Under Public Resources Code § 21080.17.”
COUNCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.

DISCUSSION:

Background:

On December 9, 2025, the City Council adopted an emergency ordinance to take effect on January 1, 2026, in order to avoid the nullification of the city’s current ordinance regarding Accessory Dwelling Units and Junior Accessory Dwelling Units regulations.

On January 20, 2026, the Planning Commission heard a request to introduce an amendment to Chapter 30, Section 30-467, regarding Accessory Dwelling Units and Junior Accessory Dwelling Units to comply with recent changes in State Law.

Analysis:

In recent years, the California Legislature has approved, and the Governor has signed into law several bills that impose new limits on local authority to regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). In 2025, the California Legislature approved, and the Governor signed into law, three new bills - SB543, AB1154 and AB462- that further amend state ADU City of Fontana Page 1 of 3 Printed on 2/3/2026
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File #: 26-0715 Agenda Date: 2/10/2026
Agenda #: B. Category: Public Hearing
law as summarized below.

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

SB543 - Permitting Timeline and Uniform Standards
SB543 codifies existing guidance from the California Department of Housing and Community Development (HCD). The bill codifies the requirement an initial review of ADU and JAU permit applications must be conducted within 15 business days. It also clarifies that JADUs are to be treated the same as ADUs under permitting guidelines, size, safety and density standards.

AB1154 - Parking Requirements, Owner-Occupancy and Rental Rules Parking Requirements
AB1154 prohibits the city from imposing parking standards for ADUs that are 500 square feet and smaller. This aligns the parking requirements for small ADUs with existing parking exemptions for JADUs.

Owner-Occupancy
Existing law requires that the owner of a property with a JADU must reside on the property. Further, existing law permits JADUs to share sanitation facilities with the primary dwelling. AB1154 eliminates the owner-occupancy requirement for a property containing a JADU if the JADU has separate sanitation facilities from the main dwelling unit.

Rental Rules
Existing law prohibits ADUs from being used for short-term rental purposes. However, existing law did not explicitly extend that prohibition to JADUs. AB1154 explicitly prohibits the use of a JADU for short-term rentals and requires that the rental term be longer than 30 days.

AB462 - Certificate of Occupancy Timing
Typically, the certificate of occupancy for an ADU or JADU may not be issued prior to the certificate of occupancy for the primary dwelling unit on the same site. However, AB462 provides a limited exception in cases where there is a State-declared emergency, subject to certain conditions.

ENVIRONMENTAL REVIEW:

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

ATTACHMENTS:

Attachment No. 1 - Ordinance
City of Fontana Page 2 of 3 Printed on 2/3/2026
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File #: 26-0715 Agenda Date: 2/10/2026
Agenda #: B. Category: Public Hearing
Attachment No. 2 - Planning Commission Packet
Attachment No. 3 - Planning Commission Minutes
Attachment No. 4 - Notice of Exemption
Attachment No. 5 - Public Hearing Notice
FISCAL IMPACT:

None
MOTION:

Approve staff’s recommendation.

City of Fontana Page 3 of 3 Printed on 2/3/2026
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ORDINANCE NO. 1983

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA APPROVING MUNICIPAL CODE AMENDMENT NO 25-
0011 TO AMEND SECTION NO. 30-467 OF THE CITY OF FONTANA

MUNICIPAL CODERELATING TO ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE

ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17.

WHEREAS, pursuant to Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; and
WHEREAS, Government Code sections 50022.1 to 50022.10 authorize a city to codify and recodify its ordinances; and
WHEREAS, State law requires zoning regulations to be consistent with the general plan and therefore updating the Fontana Municipal Code (“Code”) would contribute to consistency with the General Plan; and
WHEREAS, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the Code through Municipal Code Amendment (“MCA”) No. 25-0011; and
WHEREAS, the amendments in MCA No. 25-0011 are consistent and compatible with the General Plan and are in line with goals, policies and objectives of the City; the Housing Element policies and the Zoning and Development Code; and WHEREAS, the amendments in MCA No. 25-0011 are in conformity with appropriate land use practices and will establish appropriate development standards for the land use designations; and
WHEREAS, the amendments in MCA No. 25-0011 are attached hereto as Exhibit “A” and incorporated herein by reference, will not be detrimental to the public health, safety and general welfare, nor will it adversely affect the orderly development of property; and
WHEREAS, on January 20, 2026, the Planning Commission held a public meeting on MCA 25-0011 where it received evidence and public testimony on the Code amendments and recommended that the Fontana City Council (“City Council”) determine that the amendments are exempt from CEQA pursuant to a statutory exemption under Public Resources Code Section 21080.17, and
WHEREAS, the Planning Commission carefully considered all evidence and testimony presented at its public hearing on January 20, 2026, and approved Resolution No. 2026-002 to recommend that the City Council approve the MCA No. 25-0011; and

Ordinance No. 1983
WHEREAS, on February 10, 2026, the City Council held a public hearing on MCA No. 25-0011 where City Council received evidence and public testimony pertaining to the Zoning and Development Code amendments and documentation from the Planning Commission’s public hearing on January 20, 2026; and
WHEREAS, the City Council carefully considered all information pertaining to MCA No. 25-0011 that was presented at its public hearing on February 10, 2026; and WHEREAS, all other 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. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

Section 3. Development Code Amendment Findings. The City Council hereby makes the following findings for Municipal Code Amendment No. 25-0011 accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

Finding: A Zoning and Development Code may be amended by changing the development standards (text) or zoning designation map boundaries of any zone whenever such an amendment is
deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

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

Section 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves the amendments as set forth in MCA 25-0011, which is attached hereto as Exhibit “A,” and incorporated herein by reference.

Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after

Ordinance No. 1983
the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof; shall be published by the City Clerk at least once in the Fontana Hearld News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

Section 6. HCD Submittal. In accordance with Government Code section 66326, the City Clerk or Planning Department is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

Section 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

Section 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 8353 Sierra Avenue, Fontana, CA 92335.

Section 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

APPROVED AND ADOPTED this 24th day of February, 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 10th day of February 2026, and was finally passed and adopted not less than five days thereafter on the 24th day of February 2026, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ordinance No. 1983
______________________________________
City Clerk of the City of Fontana
______________________________________
Mayor of the City of Fontana
ATTEST:
______________________________________
City Clerk

EXHIBIT A
Amended ADU Regulations
(Deletions are shown as strike outs. Additions are shown as underlines.) Sec. 30-467. Accessory dwelling units and junior accessory dwelling units. (a) Purpose; application.
(1) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code§§ 65852.2 and 65852.22. (2) Application. This section applies to all ADUs and JADUs for which a complete application is submitted on or after January 1, 2025. If a complete ADU or JADU application is submitted prior to that date, the applicant may elect in writing to proceed under the city's ADU regulations that were in effect at submittal; otherwise, this section governs. For purposes of this paragraph, a complete application includes an application that is deemed complete under state law.
(b) Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12. (c) Definitions. As used in this section, terms are defined as follows:
(1) Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code § 17958.1; and b. A manufactured home, as defined by California Health and Safety Code § 18007. (2) Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) Reserved.
(4) Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.

(5) Efficiency kitchen means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(6) Junior accessory dwelling unit or JADU means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet of interior livable space in size. b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection (c)(5) above. (7) Livable space means a space in a dwelling intended for human habitation. including living, sleeping, eating, cooking, or sanitation.
(8) Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (9) Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.
(10) Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(11) Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(12) Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (13) Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (14) Total floor area means the total floor area of the ADU or JADU, inclusive of all habitable and nonhabitable areas of the structure, including, but not limited to stairways, hallways, basements, attics, garages, storage areas, restrooms. (d) Approvals. The following approvals apply to ADUs and JADUs under this section:
(1) Building-permit only If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:

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

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

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

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

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

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

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

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

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

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

3. If the lot has existing multi-family dwellings, the quantity of detached AD Us does not exceed the number of primary dwelling units on the lot.

(1)(2) ADU permit. Ministerial ADU and Building Permits Required. Every ADU and JADU requires and ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection (d)(3) below. a. Except as allowed under subsection (d)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (e) and (f) below.
b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the director of planning and approved by the city council by resolution.
(2) Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU permit processing fee is determined by the Director of Planning and approved by the City Council by resolution. (3) Process and timing.
a. No discretion or hearing. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. Completeness.
(i) Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.
(ii) Incomplete items. If the city’s determination under subsection 0 above is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete. (iii) Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
(iv) Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice.

The city may not require the application to include an item that was not included in the original notice.
(v) Deemed complete. If the city does not make a timely determination as required by this subsection (b), the application or resubmitted application is deemed complete for the purposes of subsection (d) (3)(c) below. (vi) Appeal of incompleteness. An applicant may appeal the city’s determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written

determination to the applicant within 60 business days after receipt of the appeal.
b. c. Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

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

2. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. c. d. Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (d)(3)(c) above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. e. Appeal of denial. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal. f. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. (e)
(1) Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code section 66323. If an ADU or JADU complies with each of the general requirements in subsection (f) below, it is allowed in each of the scenarios provided in this subsection (e)(1). An ADU and JADU approved under subsection (e)(1)(a) may be combined with an ADU approved under subsection (e)(1)(b), and ADUs approved under subsection (e)(1)(c) may be combined with ADUs approved under subsection (e)(1)(d). a. Converted on Lot with Single-Family: One ADU as described in this subsection 0 and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

(ii) Has exterior access that is independent of that for the single-family dwelling; and (iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code sections 66333 through 66339.
b. Limited Detached on Lot with Single-Family: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is 800 square feet of livable space or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection (f)(2) below.
c. Converted on Lot with Multifamily: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection 0, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
d. Limited Detached on Lot with Multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
(i) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(ii) The peak height above grade does not exceed the applicable height limit provided in subsection (f)(2) below.
(iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. (2) Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code sections 66314–66322. Except for Class 1 ADUs approved under subsection (e)(1) above, all ADUs are subject to the standards set forth in subsections (f) and (g) below. (e)(f) General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (d)(1) or (d)(2) above:
(1) Zoning.

a. A Class 1 ADU approved under subsection (e)(1) An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed-use zone.
b. A Class 2 ADU approved under subsection (e)(2) above An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multi-family dwelling residential use.
c. In accordance with Government Code § 66333(a), a JADU may only be created on a lot zoned for single-family residences.
(2) Height.
a. Except as otherwise provided by subsections (e)(2)(b) and (e)(2)(c) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multi-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Public Resources Code § 21155, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multi-family dwelling that has more than one story above grade may not exceed 18 feet in height. d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(d) may not exceed two stories.
e. For purposes of this subsection (e)(2), height is measured from existing legal grade to the peak of the structure.
(3) Fire sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(4) Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days.

This prohibition applies regardless of when the ADU or JADU was created. (5) No separate conveyance. An ADU or JADU may be rented but, except as otherwise provided in Government Code § 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot).

(6) Septic system. If the ADU or JADU will connect to an onsite wastewater-treatment system, include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years. (7) Owner occupancy.
a. ADUs. ADUs created under this section on or after January 1, 2020, are not subject to an owner occupancy requirement.
b. JADUs. As required by state law, all JADUs are subject to an owner-occupancy requirement when sanitation facilities are shared with the primary dwelling on the site. JADUs with independent sanitation facilities are not subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property. In either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (e)(7)(B) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. (8) Deed restriction. Prior to issuance of a building permit for an ADU or a JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the planning department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. Except as otherwise provided in Government Code § 66341, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU or JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the dDirector or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. (9) Reserved.

(10) Building and sSafety.
a. Must comply with building code. Subject to subsection (e)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in California Building Code § 310, unless the building official or code compliance department makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (e)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(11) Certificate of Occupancy Timing.
a. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. b. Limited Exception for State-declared Emergencies. Notwithstanding subsection (f)(10)(A) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
(i) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.
(ii) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation. (iii) The ADU has been issued construction permits and has passed all required inspections.
(iv) The ADU is not attached to the primary dwelling.
(f) Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above.
(1) Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection (f) is 1,200 square feet.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection (f), such as lot coverage, might further limit the size of the ADU, but no application of the percentbased size limit in subsection (f)(1)(b) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

(2) Setbacks.
a. An ADU that is subject to this subsection (f) must conform to an 18-foot front-yard setback, subject to subsection (f)(1)(c) above.
b. An ADU that is subject to this subsection (f) must conform to four-foot side- and rear-yard setbacks.
c. No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as a legal existing structure.
(3) Lot coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (f)(1)(c) above. (4) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.
(5) Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above.
b. Exceptions. No parking under subsection (f)(4)(a) is required in the following situations:

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

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

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

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

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

6. When the permit application to create an ADU is submitted with an application to create a new single-family or new multi-family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (f)(4)(b)(1) through (5) above.
c. No replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(6) Architectural requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.

b. The roof slope must match that of the dominant roof slope of the primary dwelling.

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

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

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

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

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

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

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

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

City of Fontana
Action Report
Planning Commission
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0714 Agenda Date: 1/20/2026
Agenda #: PH-B Category: Public Hearing
FROM:

Planning Department
TITLE:

Master Case No. 25-0080 and Municipal Code Amendment No. (MCA) 25-0011: Fontana Municipal Code Amendments to Chapter 30 (Zoning and Development Code) to modify Section No. 30-467 pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADU) to comply with State of California law, pursuant to a statutory exemption from the California Environmental Quality Act Under Section No. 21080.17 of the Public Resources Code.

RECOMMENDATION:

Based on the information contained in the staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2026 -_____, and forward a recommendation to the City Council to:

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

2. Approve a Resolution recommending the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 25-0011 amend Chapter 30 of the Municipal Code.

APPLICANT:

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

Citywide.

REQUEST:

Municipal Code Amendment No. (MCA) 25-0011: a request to amend Chapter 30 of the Fontana Municipal Code that will modify Section No. 30-467 pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with State of California law.

PROJECT PLANNER:

Cecily Session-Goins, Associate Planner
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File #: 26-0714 Agenda Date: 1/20/2026
Agenda #: PH-B Category: Public Hearing
BACKGROUND INFORMATION:

1. In 2025, the California Legislature approved, and the Governor signed into law, three new bills - SB543, AB1154, and AB462 - that further amend State ADU law.

2. On December 9, 2025, the City Council heard and approved Urgency Ordinance No. 1956, which amended Section 30-467, to take immediate effect upon adoption, to comply with recent State Laws adopted. SB543, AB1154 and AB462 will take effect on January 1, 2026, and a non-urgency adoption would take effect after that date. As a result, the urgency ordinance was necessary to avoid the nullification of the city’s current ordinance, which contains limited cityspecific standards (maximum size of ADUs, some setbacks, prohibition of separate conveyance, etc.).

PROJECT DESCRIPTION:

The city initiated Municipal Code Amendment No. 25-0011 to provide updates to Chapter 30 (Zoning and Development Code), as summarized below.

ANALYSIS:

In recent years, the California Legislature has approved, and the Governor has signed into law several bills that impose new limits on local authority to regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). In 2025, the California Legislature approved, and the Governor signed into law, three new bills - SB543, AB1154 and AB462- that further amend state ADU law as summarized below.

The proposed ordinance will amend Section 30-467 of the Fontana Municipal Code to comply with recent changes to State Law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADU’s”). In summary, the amendments will provide clear standards for regulating ADU’s and JADU’s, while limiting impacts on the surrounding community.

SB543 - Permitting Timeline and Uniform Standards
SB543 codifies existing guidance from the California Department of Housing and Community Development (HCD). The bill codifies the requirement an initial review of ADU and JAU permit applications must be conducted within 15 business days. It also clarifies that JADUs are to be treated the same as ADUs under permitting guidelines, size, safety and density standards.

AB1154 - Parking Requirements, Owner-Occupancy and Rental Rules Parking Requirements
AB1154 prohibits the city from imposing parking standards for ADUs that are 500 square feet and smaller. This aligns the parking requirements for small ADUs with existing parking exemptions for JADUs.

Owner-Occupancy
Existing law requires that the owner of a property with a JADU must reside on the property. Further, existing law permits JADUs to share sanitation facilities with the primary dwelling. AB1154 eliminates the owner-occupancy requirement for a property containing a JADU if the JADU has separate City of Fontana Page 2 of 3 Printed on 1/14/2026
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Agenda #: PH-B Category: Public Hearing
sanitation facilities from the main dwelling unit.

Rental Rules
Existing law prohibits ADUs from being used for short-term rental purposes. However, existing law did not explicitly extend that prohibition to JADUs. AB1154 explicitly prohibits the use of a JADU for short-term rentals and requires that the rental term be longer than 30 days.

AB462 - Certificate of Occupancy Timing
Typically, the certificate of occupancy for an ADU or JADU may not be issued prior to the certificate of occupancy for the primary dwelling unit on the same site. However, AB462 provides a limited exception in cases where there is a State-declared emergency, subject to certain conditions.

Environmental:

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

MOTION:

Approve staff’s recommendation.

ATTACHMENTS:

Attachment No. 1 - Planning Commission Resolution
Attachment No. 2 - Notice of Exemption
Attachment No. 3 - Public Hearing Notice
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RESOLUTION No. PC 2026 -

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

FONTANA, CALIFORNIA, RECOMMENDING THAT THE FONTANA CITY

COUNCIL ADOPT AN ORDINANCE APPROVING AMENDMENTS TO
SECTION 30-467 OF THE FONTANA MUNICIPAL CODE PERTAINING TO

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING

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

WHEREAS, pursuant to Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; and
WHEREAS, Government Code sections 50022.1 to 50022.10 authorize a city to codify and recodify its ordinances; and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, Senate Bill 543 ("SB 543"), Assembly Bill 1154 (“AB 1154”) and Assembly Bill 462 (“AB 462”), which further amend state ADU law;
WHEREAS, SB543, AB1154, and AB462 take effect on January 1, 2026, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of SB543, AB1154, and AB462; and
WHEREAS, through Municipal Code Amendment (“MCA”) No. 25-0011, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the Fontana Municipal Code (“FMC”); and WHEREAS, the General Plan includes policies and actions calling for numerous updates to the FMC; and
WHEREAS, Section 30-467. – Accessory dwelling units and junior accessory dwelling units should be amended to reflect State law; and
WHEREAS, on December 9, 2025, the City Council approved Urgency Ordinance No. 1976, which went into effect on January 1, 2026, as the city’s regulations on ADUs and JADUs would have been null and void had an urgency ordinance not been adopted, and which the proposed code amendment would replace; and
WHEREAS, on January 20, 2026, the Planning Commission carefully considered all information pertaining to the municipal code amendments, including the staff report, and all the information, evidence, and testimony presented at its public hearing on January 20, 2026; and

ATTACHMENT NO. 1
4 Resolution PC 2026-

WHEREAS, the amendments are consistent and compatible with the General Plan and that the updates are in line with goals, policies and objectives of the City; the Housing Element policies and the Zoning and Development Code; and
WHEREAS, the amendments will be in conformity with appropriate land use practices and will establish appropriate development standards for the land use designations; and WHEREAS, the amendments to the FMC that are attached hereto as Exhibit “A” and incorporated herein by this reference will not be detrimental to the public health, safety, and general welfare, and will not adversely affect the orderly development of property, and will better express the City’s policies, and generally promote good land use planning and regulation; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, the Planning Commission RESOLVES as follows:

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

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

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

Section 3. Municipal Code Amendment. The Planning Commission hereby makes the following finding for MCA No. 25-0011 in accordance with Section 30-45(b) “Hearing-Planning Commission” development code amendments of the Fontana Zoning and Development Code:

Finding: The proposal substantially promotes the goals of the City’s general plan.

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

Section 4. Recommendation of Approval. Based on the foregoing, the Planning Commission hereby recommends that the City Council adopt an ordinance approving MCA No. 25-0011 to amend Chapter 30 of the City Code as indicated in Exhibit “A” which is attached hereto and incorporated herein by reference.

Section 5. Resolution Regarding Custodian of Record: The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Planning Department, 8353 Sierra Avenue, Fontana, CA 92335. This information is provided in compliance with Public Resources Code section 21081.6.
5 Resolution PC 2026-

Section 6. Certification. The Secretary of the Planning Commission shall certify to the adoption of this Resolution.

Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption.

Section 8. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or applications of this Resolution that can be given effect without the invalid provision or application.

PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Fontana, California, at a regular meeting held on this 20th day of January 2026.

City of Fontana
Idilio Sanchez, Chairperson
ATTEST:

I, Joseph Armendarez, Secretary of the Planning Commission of the City of Fontana, California, do hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission at a regular meeting thereof, held on the 20th day of January 2026, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Joseph Armendarez, Secretary
6 Resolution PC 2025-

“EXHIBIT A”
AMENDMENT TO FONTANA MUNICIPAL CODE CHAPTER 30
(*Additions shown in underline, deletions shown in strikeout) Sec. 30-467. Accessory dwelling units and junior accessory dwelling units. (a) Purpose; application.
(1) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code§§ 65852.2 and 65852.22.
(2) Application. This section applies to all ADUs and JADUs for which a complete application is submitted on or after January 1, 2025. If a complete ADU or JADU application is submitted prior to that date, the applicant may elect in writing to proceed under the city's ADU regulations that were in effect at submittal; otherwise, this section governs. For purposes of this paragraph, a complete application includes an application that is deemed complete under state law. (b) Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12.
(c) Definitions. As used in this section, terms are defined as follows:
(1) Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code § 17958.1; and
b. A manufactured home, as defined by California Health and Safety Code § 18007.
(2) Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) Reserved.
7 Resolution PC 2025-

(4) Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.
(5) Efficiency kitchen means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(6) Junior accessory dwelling unit or JADU means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet of interior livable space in size. b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection (c)(5) above. (7) Livable space means a space in a dwelling intended for human habitation. including living, sleeping, eating, cooking, or sanitation.
(8) Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (9) Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.
(10) Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(11) Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(12) Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(13) Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (14) Total floor area means the total floor area of the ADU or JADU, inclusive of all habitable and nonhabitable areas of the structure, including, but not limited to stairways, hallways, basements, attics, garages, storage areas, restrooms. (d) Approvals. The following approvals apply to ADUs and JADUs under this section:
8 Resolution PC 2025-

(1) Building-permit only If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:
a. Converted on lot with single-family. One ADU as described in this subsection (d)(1)(a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

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

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

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

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

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

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

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

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

2. The peak height above grade does not exceed the applicable height limit provided in subsection (e)(2) below.
9 Resolution PC 2025-

3. If the lot has existing multi-family dwellings, the quantity of detached AD Us does not exceed the number of primary dwelling units on the lot. (1)(2) ADU permit. Ministerial ADU and Building Permits Required. Every ADU and JADU requires and ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection (d)(3) below. a. Except as allowed under subsection (d)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (e) and (f) below.
b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance.

The ADU-permit processing fee is determined by the director of planning and approved by the city council by resolution.
(2) Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU permit processing fee is determined by the Director of Planning and approved by the City Council by resolution. (3) Process and timing.
a. No discretion or hearing. An ADU permit is considered and approved ministerially, without discretionary review or a hearing. b. Completeness.
(i) Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.
(ii) Incomplete items. If the city’s determination under subsection 0 above is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete.
(iii) Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
(iv) Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
(v) Deemed complete. If the city does not make a timely determination as required by this subsection (b), the application or resubmitted application is deemed complete for the purposes of subsection (d) (3)(c) below.
(vi) Appeal of incompleteness. An applicant may appeal the city’s determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written 10 Resolution PC 2025-

appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
b. c. Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

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

2. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. c. d. Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (d)(3)(c) above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. e. Appeal of denial. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
f. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. (e)
(1) Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code section 66323. If an ADU or JADU complies with each of the general requirements in subsection (f) below, it is allowed in each of the scenarios provided in this subsection (e)(1). An ADU and JADU approved under subsection (e)(1)(a) may be combined with an ADU approved under subsection (e)(1)(b), and ADUs approved under subsection (e)(1)(c) may be combined with ADUs approved under subsection (e)(1)(d). a. Converted on Lot with Single-Family: One ADU as described in this subsection 0 and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 11 Resolution PC 2025-

additional square feet if the expansion is limited to accommodating ingress and egress; and
(ii) Has exterior access that is independent of that for the single-family dwelling; and
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code sections 66333 through 66339.
b. Limited Detached on Lot with Single-Family: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (2) The total floor area is 800 square feet of livable space or smaller. (v) The peak height above grade does not exceed the applicable height limit in subsection (f)(2) below.
c. Converted on Lot with Multifamily: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection 0, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. d. Limited Detached on Lot with Multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
(i) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(ii) The peak height above grade does not exceed the applicable height limit provided in subsection (f)(2) below.
(iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. (2)Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code sections 66314–66322. Except for Class 1 ADUs approved under subsection (e)(1) above, all ADUs are subject to the standards set forth in subsections (f) and (g) below. (e)(f) General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (d)(1) or (d)(2) above:
(1) Zoning.
12 Resolution PC 2025-

a. A Class 1 ADU approved under subsection (e)(1) An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed-use zone.
b. A Class 2 ADU approved under subsection (e)(2) above An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multi-family dwelling residential use.
c. In accordance with Government Code § 66333(a), a JADU may only be created on a lot zoned for single-family residences.
(2) Height.
a. Except as otherwise provided by subsections (e)(2)(b) and (e)(2)(c) below, a detached ADU created on a lot with an existing or proposed single-family or multi-family dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multi-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Public Resources Code § 21155, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multi-family dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(d) may not exceed two stories. e. For purposes of this subsection (e)(2), height is measured from existing legal grade to the peak of the structure.
(3) Fire sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(4) Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days.

This prohibition applies regardless of when the ADU or JADU was created. (5) No separate conveyance. An ADU or JADU may be rented but, except as otherwise provided in Government Code § 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a singlefamily lot) or from the lot and all of the dwellings (in the case of a multi-family lot). (6) Septic system. If the ADU or JADU will connect to an onsite wastewater-treatment system, include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years. 13 Resolution PC 2025-

(7) Owner occupancy.
a. ADUs. ADUs created under this section on or after January 1, 2020, are not subject to an owner occupancy requirement.
b. JADUs. As required by state law, all JADUs are subject to an owner-occupancy requirement when sanitation facilities are shared with the primary dwelling on the site. JADUs with independent sanitation facilities are not subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property. In either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owneroccupancy requirement in this subsection (e)(7)(B) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(8) Deed restriction. Prior to issuance of a building permit for an ADU or a JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the planning department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. Except as otherwise provided in Government Code § 66341, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU or JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. e. The deed restriction is enforceable by the dDirector or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. (9) Reserved.
(10) Building and sSafety.
a. Must comply with building code. Subject to subsection (e)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements. 14 Resolution PC 2025-

b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in California Building Code § 310, unless the building official or code compliance department makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (e)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(11) Certificate of Occupancy Timing.
a. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. b. Limited Exception for State-declared Emergencies. Notwithstanding subsection (f)(10)(A) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
(i) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. (ii) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation. (iii) The ADU has been issued construction permits and has passed all required inspections.
(iv) The ADU is not attached to the primary dwelling.
(f) Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above.
(1) Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection (f) is 1,200 square feet.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection (f), such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (f)(1)(b) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
(2) Setbacks.
a. An ADU that is subject to this subsection (f) must conform to an 18-foot frontyard setback, subject to subsection (f)(1)(c) above. b. An ADU that is subject to this subsection (f) must conform to four-foot side- and rear-yard setbacks.
15 Resolution PC 2025-

c. No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as a legal existing structure.
(3) Lot coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (f)(1)(c) above. (4) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.
(5) Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above.
b. Exceptions. No parking under subsection (f)(4)(a) is required in the following situations:

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

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

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

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

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

6. When the permit application to create an ADU is submitted with an application to create a new single-family or new multi-family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (f)(4)(b)(1) through (5) above.
c. No replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(6) Architectural requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
16 Resolution PC 2025-

e. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet. f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. g. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(7) Landscape requirements. Evergreen landscape screening must be planted and maintained between the ADU, and adjacent parcels as follows:
a. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every ten linear feet of exterior wall.
b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. c. All landscaping must be drought tolerant.
(8)(7) Historical protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
(9)(8) Allowed Stories. No ADU subject to this subsection (f) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (e)(2)(D) of this section. (g) Fees. The following requirements apply to all ADUs that are approved under subsections (d)(1) or (d)(2) above.
(1) Impact fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size.

For purposes of this subsection (g)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Government Code § 66000(b)) and a fee under the Quimby Act (Government Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(2) Utility fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. b. Except as described in subsection (g)(2)(a), converted ADUs on a single-family lot that are created under subsection (d)(1)(a) above are not required to have 17 Resolution PC 2025-

a new or separate utility connection directly between the ADU and the utility.

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

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

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

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

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

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

2. Subsection (h)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3.
(Ord. No. 1830, § 8(Exh. A), 6-9-20; Ord. No. 1910, § 3(Exh. A), 12-13-22; Ord. No. 1951, § 4(Exh. A), 5-28-24; Ord. No. 1959, § 3(Exh. A), 12-12-24) 18 Notice of Exemption FORM “A”
ATTACHMENT NO. 2

NOTICE OF EXEMPTION
TO:
☒
Office of Land Use and Climate
Innovation
State Clearinghouse
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM:
(Public
Agency)
Name: City of Fontana
Address: 8353 Sierra Ave,
Fontana CA 92335
Telephone: 909-350-6568
☒ Clerk of the Board of Supervisors
or
County Clerk (Include County
name)
Address:

1. Project Title: Master Case No. 25-0080, Municipal
Code Amendment No. 25-0011

2. Project Applicant (include address,
telephone number and email address):

City of Fontana, Planning Department,
8353 Sierra Avenue, Fontana, CA 92335,
Cecily Session-Goins, Associate
Planner, (909) 350-6723,
[email protected]

3. Project Location – Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):

Citywide

4. (a) Project Location – City: Fontana (b) Project Location – County: San Bernardino

5. Description of nature, purpose, and
beneficiaries of Project:

The project is Municipal Code
Amendment No. 25-0011 - Fontana
Municipal Code amendment to Chapter
30 (Zoning and Development Code)
pertaining to accessory dwelling units
and junior accessory dwelling units.

6. Name of Public Agency approving
project:

City of Fontana

7. Name of Person or Agency undertaking
the project, including any person
undertaking an activity that receives
financial assistance from the Public
Agency as part of the activity or the
person receiving a lease, permit,
license, certificate, or other entitlement
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6718
19 Notice of Exemption FORM “A”
of use from the Public Agency as part of
the activity:

8. Exempt status: (check one)
(a) ☐ Ministerial project. (Pub. Resources Code § 21080(b)(1); State CEQA Guidelines § 15268)
(b) ☐ Not a project. State CEQA Guidelines 15050(c)(2)-(3) (c) ☐ Declared Emergency (Pub. Resources Code § 21080(b)(3); State CEQA Guidelines § 15269(a))
(d) ☐ Emergency Project. (Pub. Resources Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c))
(e) ☐ Categorical Exemption.

State type and section
number:
(f) ☒ Statutory Exemption.

State Code section number:

This Ordinance is not a project pursuant to
Section 15060(c), 15061(B)(3) (the
common-sense exemption) and 15378 of
the State of California Environmental
Quality Act Guidelines, 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.
(g) ☐ Other. Explanation:

9. Reason why project was exempt: This project is a citywide amendment to Chapter 30 of the Zoning and
Development Code regarding accessory
dwelling units and junior accessory
dwelling units.

10. Lead Agency Contact Person:

Telephone:

Cecily Session-Goins, Associate Planner
909-350-6723

11. If filed by applicant: Attach Certificate of Determination (Form “B”) before filing.

12. Was a public hearing held by the Lead Agency to consider the exemption? Yes ☒ No ☐
If yes, the date of the public hearing was: January 20, 2026 Date:
20 Notice of Exemption FORM “A”
________________________________
Signature
Name: Rina Leung
Title: Senior Planner
☒ Signed by Lead Agency ☐ Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. 21 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 PLANNING COMMISSION OF THE CITY OF FONTANA FOR THE FOLLOWING:

MASTER CASE NUMBER (MCN) NO. 25-0080;
MUNICIPAL CODE AMENDMENT (MCA) NO. 25-0011
A request to amend Fontana Municipal Code Chapter 30, Section 30-467 regarding Accessory Dwelling Units and Junior Accessory Dwelling Units, to comply with recent changes in State Law.

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

Project Location: Citywide
Date of Hearing: January 20, 2026
Place of Hearing: Steelworkers’ Auditorium, 8437 Sierra Avenue, Fontana, CA 92335 Time of Hearing: 6:00 p.m.

Should you have any questions concerning this project, please contact Cecily Session-Goins, Associate Planner, at (909) 350-6723 or by email at [email protected].

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE PLANNING COMMISSION. A COPY OF THE APPLICATION AND

ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION AT THE PLANNING DEPARTMENT, CITY HALL. PLEASE CONTACT THE 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.

ATTACHMENT NO. 3
22 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 LA COMISION DE PLANIFICACION DE LA CIUDAD DE FONTANA PARA LO SIGUIENTE:

MCN No. 25-0080; MCA No. 25-0011
Una enmienda al Codigo Municipal de Fontana Capitulo 30, Seccion 30-467 relativa a las unidades de vivienda accessorias (ADU) y unidades de vivienda accessorias junior (JADU) para que cumpla con los recientes cambios en la legislacion estatal.

Determinacion Ambiental: La ordenanza propuesta está categóricamente exenta de la Ley de Calidad Ambiental de California (“CEQA”) y también está exenta por disposición legal conforme a la sección 21080.17 del Código de Recursos Públicos de California, ya que CEQA no se aplica a la adopción de una ordenanza por parte de una ciudad o condado que implemente las disposiciones del Artículo 2 del Capítulo 13 de la División 1 del Título 7 del Código de Gobierno de California, que corresponde a la ley de California sobre Unidades de Vivienda Accesorias (ADU) y que también regula las Unidades de Vivienda Accesorias Junior (JADU), según se definen en la sección 66313.

Ubicación de la Propiedad : En toda la ciudad
Fecha de Audiencia: 20 de enero del 2026
Lugar de Audiencia: Steelworkers’ Auditorium, 8437 Sierra Avenue, Fontana, CA 92335 Hora de Audiencia: 6:00 p.m.

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 la Comision de Planificacion 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.

Publish: January 9, 2026
Fontana Herald News
¼ Page
23 City of Fontana
Planning Commission
Minutes
Idilio Sanchez, Chair
Ricardo Quintana, Vice Chair
Joe Armendarez, Secretary
Torrie Lozano, Commissioner
Dylan Keetle, Commissioner
Tuesday, January 20, 2026 6:00 P.M. Grover W. Taylor Council Chambers Prior to the beginning of this meeting, City Clerk Germaine Key sworn in all five commission members, Commissioner Idilio Sanchez, Ricardo Quintana, Dylan Keetle, Torrie Lozano and Joseph Armendarez to their respective one-year terms.

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, January 20, 2026. Chair Sanchez called the meeting to order at 6:03 p.m.

Present: Chair Sanchez, Vice Chair Quintana, Secretary Armendarez, Commission ers Keetle and Lozano

Absent: None
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

Following the Invocation by Chaplain Daniel Vasquez, the Pledge of Allegiance was led by Vice Chair Quintana.

Planning Commission Minutes January 20, 2026

PUBLIC COMMUNICATIONS:

A. Public Communications:

None.

CONSENT CALENDAR:

A. Approval of Minutes:

Approve the Regular Planning Commission Meeting Minutes of December 16, 2025.

ACTION: A Motion was made by Secretary Armendarez and seconded by Commis sioner Keetle and passed unanimously by a vote of 5-0 to approve the Consent Calendar.

The motion carried by the following vote:

Aye: Chair Sanchez, Vice Chair Quintana, Secretary Armendarez, Commissione rs Keetle and Lozano

Absent: None
Abstain: None
PH- A
Master Case No. (MCN) 24-0037; Design Review No. 24-0013; A request for site and architectural review for the development of a 492,240 square foot industrial commerce building with associated site improvements on property located at 14970 Jurupa Avenue (APNs: 0237-121-03 & 0237-122-07), pursuant to an Addendum to the Southwest Industrial Park Specific Plan Final Environmental Impact Report (SCH No. 2009091089) prepared for the Project.

Chair Sanchez opened the Public Hearing
Rina Leung, Senior Planner, presented the staff report.

No written correspondence was received.

The applicant, Nicole Torstvet, on behalf of Prologis stated that she read and agreed to the Conditions of Approval and described the project as an approximately 490,000- square-foot speculative industrial warehouse with no tenants identified at this time. The applicant noted that the project will be marketed upon approval, including outreach to Fortune 500 companies.

The following individual spoke in favor of this item:

Planning Commission Minutes January 20, 2026

1. Delshawn McClellon, representative on behalf of Western States Carpenters.

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 2026-001, and,

1. Adopt the Addendum and Mitigation, Monitoring, and Reporting Program (MMRP) to the Southwest Industrial Park Specific Plan Final Environmental Impact Report (SCH No. 2009091089), and direct staff to file a Notice of Determination; and,

2. Approve Design Review (DR) No. 24-0013.

ACTION: Motion was made by Commissioner Keetle and seconded by Chair Sanchez and passed by a vote of 5-0 to approve Public Hearing Item “A”; approve Design Review (DR) No. 24-0013 and adopt Resolution No. PC 2026-001.

The motion carried by the following vote:

AYES: Chair Sanchez, Vice Chair Quintana, Secretary Armendarez Commissioners Lozano and Keetle NOES: None; ABSTAIN: None; ABSENT: None PH-B
Master Case No. 25-0080 and Municipal Code Amendment No. (MCA) 25-0011:

Fontana Municipal Code Amendments to Chapter 30 (Zoning and Development Code) to modify Section No. 30-467 pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADU) to comply with State of California law, pursuant to a statutory exemption from the California Environmental Quality Act Under Section No. 21080.17 of the Public Resources Code.

Chair Sanchez opened the Public Hearing.

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

No written correspondence was received.

The Public Hearing was closed.

RECOMMENDATION:

Based on the information contained in the staff report, staff recommends that the Planning Commission adopt Resolution No. PC 2026-002, and forward a Planning Commission Minutes January 20, 2026

recommendation to the City Council to:

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

2. Approve a Resolution recommending the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 25-0011 amend Chapter 30 of the Municipal Code.

ACTION: Motion was made by Vice Chair Quintana and seconded by Commissioner Keetle and passed by a vote of 5-0 to approve Public Hearing Item “B” and adopt Resolution No. PC 2026-002.

The motion carried by the following vote:

AYES: Chair Sanchez, Vice Chair Quintana, Secretary Armendarez Commissioners Lozano and Keetle NOES: None; ABSTAIN: None; ABSENT: None NEW BUSINESS:

A. Election of Planning Commission Officers: Chair, Vice Chair, Secretary:

Vice Chair Quintana nominated Secretary Joe Armendarez for the position of Chair.

ACTION: Motion was made by Vice Chair Quintana and passed by an oral vote of 5-0 to appoint Secretary Armendarez as Chair (AYES: Sanchez, Quintana, Armendarez, Keetle and Lozano; NOES: None; ABSENT: None; ABSTAIN: None).

Secretary Armendarez nominated Vice Chair Quintana for the position of Vice Chair.

ACTION: Motion was made by Secretary Armendarez and passed by an oral vote of 5-0 to appoint Vice Chair Quintana as Vice Chair (AYES: Sanchez, Quintana, Armendarez, Keetle and Lozano; NOES: None; ABSENT: None; ABSTAIN: None).

Chair Sanchez nominated Commissioner Lozano for the position of Secretary.

ACTION: Motion was made by Chair Sanchez and passed by an oral vote of 5-0 to appoint Commissioner Lozano as Secretary (AYES: Sanchez, Quintana, Armendarez, Keetle and Lozano; NOES: None; ABSENT: None; ABSTAIN: None).

Planning Commission Minutes January 20, 2026

DIRECTOR COMMUNICATIONS:

A. Director Communications:

Planning Director Nevins congratulated the Commissioners on their appointments and expressed appreciation for the opportunity to continue working together. She thanked the Commissioners for their patience and cooperation as staff and Commissioners adjust to the new meeting setup and noted her anticipation for a productive year ahead.

COMMENTS:

A. Public Communication Commission Comments:

Secretary Armendarez thanked fellow Commissioners for their support and confidence in selecting him as Chair. He expressed appreciation to City staff for their dedication and efforts in preparing clear and thorough materials, which allow the Commission to conduct meetings efficiently and with full understanding. He concluded by expressing appreciation and looking forward to future meetings.

Vice Chair Quintana thanked the Commission for the nomination and reappointment. He expressed appreciation to staff for their consistent, high-quality presentations and thanked Information Technology staff for facilitating the Commission’s first meeting at Steelworkers’ Auditorium while City Hall is under construction. He noted the anticipated duration of construction and expressed enthusiasm for the planned improvements. He also congratulated Commissioner Lozano and Secretary Armendarez on their appointments.

Commissioner Lozano thanked City staff for their presentations and ongoing support, as well as additional staff for their assistance at each meeting. She congratulated Secretary Armendarez and Vice Chair Quintana on their appointments, thanked the Commission for the nomination, and extended New Year’s greetings.

Commissioner Keetle thanked the City Council for reappointing the Commissioners and expressed appreciation for the collaborative nature of the Commission. He congratulated the newly appointed commissioners and thanked the Planning Director and staff for their continued support and responsiveness. He expressed optimism for the coming year and the City’s continued progress.

Chair Sanchez expressed gratitude for the opportunity to serve as Chair and for continued service on the Commission. He thanked staff for their efforts in streamlining meetings and improving efficiency compared to prior years. He expressed appreciation for the new leadership and extended closing remarks to the public.

Planning Commission Minutes January 20, 2026

ADJOURNMENT:

Chair Sanchez adjourned the meeting at 6:29 p.m. to the next Regular Planning Commission Meeting on Tuesday, February 3, 2026, at 6:00 p.m. in the Steelworkers’ Auditorium located at 8437 Sierra Avenue, Fontana, California. ___________________________
Susana Gallardo
Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED BY THE PLANNING COMMISSION ON THE 3
rd DAY OF FEBRUARY 2026.
_______________________
Idilio Sanchez
Chair
Notice of Exemption FORM “A”
ATTACHMENT NO. 4

NOTICE OF EXEMPTION
TO:
☒
Office of Land Use and Climate
Innovation
State Clearinghouse
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM:
(Public
Agency)
Name: City of Fontana
Address: 8353 Sierra Ave,
Fontana CA 92335
Telephone: 909-350-6568
☒ Clerk of the Board of Supervisors
or
County Clerk (Include County
name)
Address:

1. Project Title: Master Case No. 25-0080, Municipal
Code Amendment No. 25-0011

2. Project Applicant (include address,
telephone number and email address):

City of Fontana, Planning Department,
8353 Sierra Avenue, Fontana, CA 92335,
Cecily Session-Goins, Associate
Planner, (909) 350-6723,
[email protected]

3. Project Location – Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):

Citywide

4. (a) Project Location – City: Fontana (b) Project Location – County: San Bernardino

5. Description of nature, purpose, and
beneficiaries of Project:

The project is Municipal Code
Amendment No. 25-0011 - Fontana
Municipal Code amendment to Chapter
30 (Zoning and Development Code)
pertaining to accessory dwelling units
and junior accessory dwelling units.

6. Name of Public Agency approving
project:

City of Fontana

7. Name of Person or Agency undertaking
the project, including any person
undertaking an activity that receives
financial assistance from the Public
Agency as part of the activity or the
person receiving a lease, permit,
license, certificate, or other entitlement
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6718
Notice of Exemption FORM “A”
of use from the Public Agency as part of
the activity:

8. Exempt status: (check one)
(a) ☐ Ministerial project. (Pub. Resources Code § 21080(b)(1); State CEQA Guidelines § 15268)
(b) ☐ Not a project. State CEQA Guidelines 15050(c)(2)-(3) (c) ☐ Declared Emergency (Pub. Resources Code § 21080(b)(3); State CEQA Guidelines § 15269(a))
(d) ☐ Emergency Project. (Pub. Resources Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c))
(e) ☐ Categorical Exemption.

State type and section
number:
(f) ☒ Statutory Exemption.

State Code section number:

This Ordinance is not a project pursuant to
Section 15060(c), 15061(B)(3) (the
common-sense exemption) and 15378 of
the State of California Environmental
Quality Act Guidelines, 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.
(g) ☐ Other. Explanation:

9. Reason why project was exempt: This project is a citywide amendment to Chapter 30 of the Zoning and
Development Code regarding accessory
dwelling units and junior accessory
dwelling units.

10. Lead Agency Contact Person:

Telephone:

Cecily Session-Goins, Associate Planner
909-350-6723

11. If filed by applicant: Attach Certificate of Determination (Form “B”) before filing.

12. Was a public hearing held by the Lead Agency to consider the exemption? Yes ☒ No ☐
If yes, the date of the public hearing was: February 10, 2026 Date:

Notice of Exemption FORM “A”
________________________________
Signature
Name: Rina Leung
Title: Senior Planner
☒ Signed by Lead Agency ☐ Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

ATTACHMENT NO. 5

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

In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to 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 (MCN) NO. 25-0080 and MUNICIPAL CODE AMENDMENT (MCA) NO. 25-0011 An amendment to Chapter 30 of the Fontana Municipal Code that will modify Section No. 30-467 pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADU) to comply with State law Environmental
Determination:

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

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

Citywide
February 10, 2026
Steelworkers Auditorium
8437 Sierra Avenue
Fontana, CA 92335
2:00 pm
Location of Property:

Date of Hearing:

Place of Hearing:

Time of Hearing:

Should you have any questions concerning this project, please contact Cecily Session-Goins, Associate Planner, at (909) 350-6723 or by email at [email protected]

ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. A COPY OF THE APPLICATION AND ENVIRONMENTAL DOCUMENTATION IS AVAILABLE FOR INSPECTION AT THE PLANNING DEPARTMENT, CITY HALL.

PLEASE CONTACT THE PLANNER LISTED ABOVE.

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

MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE

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

Publish: January 30, 2026
¼ Page
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0722 Agenda Date: 2/10/2026
Agenda #: C. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Appeal No. 25-0002: Request to overturn the Planning Commission’s August 19, 2025 decision adopting a Categorical Exemption per Section 15332 (Class No. 32) and approving Conditional Use Permit No. 24-0022, and Design Review No. 23-0024 for the development of a mixed use project (163 multi-family units and 5,000 square feet of commercial retail) within the R-5 zoning district that includes a five-story 83,125 square foot mixed-use building and associate improvements, on a 3.5 acre site located on the northeast corner of Foothill Boulevard and Sultana Avenue and identified as Assessor Parcel Numbers 1110-331-13 and 1110-331-25.

RECOMMENDATION:

Deny Appeal No. 25-0002, thereby upholding the Planning Commission’s decision on August 19, 2025, approving, pursuant to a categorical exemption under California Environmental Quality Act (CEQA) Section No. 15332 (Class No. 32. Infill Development), Conditional Use Permit No. 24-0022 and Design Review No. 23-0024 for the development of a five-story mixed-use project including 163 multi-family units and 5,000 square feet of commercial retail within the R-5 zoning district and for the site and architectural review of a five-story 83,125 square foot mixed-use building and associated improvements on a 3.5 acre site located on the northeast corner of Foothill Boulevard and Sultana Avenue (APN Nos.: 1110-331-13 and 1110-331-25).

APPELLANT / APPEAL APPLICANT:

Appeal No. 25-0002: Supporters Alliance for Environmental Responsibility, 1939 Harrison Street, Suite No. 150, Oakland, CA 94612.

COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by establishing a quick, consistent development process. · Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.

DISCUSSION:

Appeal:

At its August 19, 2025, hearing, the Planning Commission approved Conditional Use Permit No. 24- 0022 and Design Review No. 23-0024, pursuant to a Categorical Exemption under CEQA Section 15332 (Class No. 32), with adoption of Resolution PC Number 2025-027 on a 4-0 vote. The staff report and attachments for the August 19, 2025, Planning Commission hearing for the project, along with meeting minutes, are included as Attachments No. 5 and 6, respectively, to this staff report.

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File #: 26-0722 Agenda Date: 2/10/2026
Agenda #: C. Category: Public Hearing
On August 26, 2025, the City received Appeal No. 25-0002 from Supporters Alliance for Environmental Responsibility. In summary, the appellant contends that the terms of the Class No. 32 Exemption do not apply because the Project site has value as habitat for endangered, rare, or threatened species and would have significant air quality impacts. The appellant also claims that the City should rescind the Project approvals, conduct an initial study, and prepare a new CEQA document, whether a mitigated negative declaration or environmental impact report, to analyze and mitigate the Project’s environmental impacts. Responses to the letters have been prepared to address the issues raised by the appellant (see Attachment No. 4).

The project environmental consultant (Lilburn Corporation), who prepared the CEQA Class No. 32 (In -Fill Development) Categorical Exemption Memorandum for the Mixed-Used Project, has prepared written responses with supporting technical studies, (Attachment No. 4) to the applicant’s claims.

The responses explain why the claims raised in the Supporters Alliance for Environmental Responsibility letter are not supported by substantial evidence the City’s determination that the Project is Categorically Exempt from CEQA was appropriate. The detailed response to the claims raised in the appeal further documents that the comments do not provide substantial evidence to support further CEQA review.

City Council Hearings:

On October 28, 2025, the City Council opened the scheduled public hearing for Appeal No. 25-0002 to take comments from the public for this item. At staff’s recommendation, the public hearing was continued to the December 9, 2025, City Council Meeting, to allow staff time to prepare a response to an appeal comment letter that was received on October 27, 2025.

On December 9, 2025, the City Council opened the scheduled public hearing for Appeal No. 25- 0002. At staff’s recommendation, the public hearing was continued to the January 27, 2026, City Council Meeting in order to allow staff additional time to respond to the October 27, 2025 comment letter.

The January 27, 2026, City Council meeting was cancelled and therefore, the item was continued to the February 10, 2026, City Council meeting.

The approved project entitlements include Conditional Use Permit No. 24-0022 and Design Review No. 23-0024 and adoption of a Categorical Exemption Section 15332 (Class No. 32) for the development of a five-story mixed use project (163 multi-family units and 5,000 square feet of commercial retail) within the R-5 zoning district totaling 83,125 square foot mixed-use building and associate improvements, on a 3.5 acre site located on the northeast corner of Foothill Boulevard and Sultana Avenue (APNs: 11110-331-13 and 1110-331-25).

FISCAL IMPACT:

None.

MOTION:

Approve staff’s recommendation.

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File #: 26-0722 Agenda Date: 2/10/2026
Agenda #: C. Category: Public Hearing
ATTACHMENTS:

1. Vicinity Map

2. Appellant Letter - Lozeau Drury/Supporters Alliance for Environmental Responsibility, August 26, 2025

3. Appellant Letter, October 27, 2025

4. Environmental Consultant Response Letter and supporting technical studies, January 21, 2026

5. Planning Commission August 19, 2025, Report

6. Planning Commission Minutes of August 19, 2025

7. Clerk of the Board Fee Receipt and NOE

8. Public Hearing Notice
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ATTACHMENT NO. 1

VICINITY MAP
DATE: February 10, 2026
CASE: Appeal No. 25-0002
Master Case No. 23-0101

N CITY OF FONTANA PLANNING DEPARTMENT
Sultana Avenue
Foothill Boulevard
Project Site
Via Accela Portal
August 26, 2025
Germaine Key
City Clerk’s Office
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
Patty Nevins
Director of Planning
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
[email protected]
Salvador Quintanilla, Senior Planner
Planning Department
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
Re: Appeal of August 19, 2025, Planning Commission Decision Approving Master Case No. 23-0101 (Conditional Use Permit No. 24-0022, Design Review No. 23-0024) and Class 32 Categorical Exemption
Dear City Clerk Key, Director Nevins, and Planner Quintanilla:

I am writing on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”), regarding Master Case No. 23-0101 (Conditional Use Permit No. 24-0022, Design Review No. 23-0024), which proposes the construction of a mixed-use development consisting of 163 multi-family residential units located on a 3.5 acre site located on the northeast corner of Foothill Boulevard and Sultana Avenue on APNs 1110-331-13 and 1110-331-25 in the City of Fontana (“Project”). Through this letter, SAFER appeals the City of Fontana Planning Commission’s (“City”) August 19, 2025 decision to approve the Project based on the City’s reliance on a Class 32 Categorical Exemption for the Project.

The Planning Commission’s August 19, 2025, decision related to the Project should not be upheld because under the California Environmental Quality Act (“CEQA”), the terms of the Class 32 Exemption do not apply because the Project site has value as habitat for endangered, rare, or threatened species. SAFER requests that the City rescind the Project approvals, conduct an initial study, and prepare a CEQA document, whether a mitigated negative declaration or environmental impact report, to analyze and mitigate the Project’s environmental impacts.

Appeal of August 19, 2025, Planning Commission Decision Approving Master Case No. 23- 0101 (Conditional Use Permit No. 24-0022, Design Review No. 23-0024) and Class 32 Categorical Exemption
August 26, 2025

Sincerely,
Hayley Uno
Lozeau Drury LLP

VIA EMAIL
October 27, 2025
Acquanetta Warren, Mayor Salvador Quintanilla, Senior Planner Peter Garcia, Mayor Pro Tem Fontana City Planning Department John Roberts, Council Member 8353 Sierra Avenue
Jesse Sandoval, Council Member Fontana, CA 92335
Phillip Cothran, Council Member [email protected] Fontana City Council
8353 Sierra Avenue Germaine Key, City Clerk
Fontana, CA 92335 Fontana City Clerk’s Office
[email protected] 8353 Sierra Avenue
[email protected] Fontana, CA 92335
[email protected] [email protected]
[email protected]
[email protected]
Re: Appeal Comment for the California Environmental Quality Act Class 32 Categorical Exemption for Master Case No. 23-0101 (CUP No. 24-0022; DR No. 23-0024)
Dear Mayor Warren, Honorable Members of the Fontana City Council, Mr. Quintanilla, and Ms.

Key:

This comment is submitted on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”) and its members living or working in the City of Fontana (“City”), in support of SAFER’s appeal of the California Environmental Quality Act (“CEQA”) Class 32 Categorical Exemption, or Infill Exemption (“Exemption”), for the Master Case No. 23-0101 Project (Conditional Use Permit No. 24-0022; Design Review No. 23-0024) (“Project”). The Project involves the construction of a new, five-story, mixed-use residential and commercial building with 163 dwelling units and 5,000 square feet of retail space, located at the southeast corner of Foothill Boulevard and Sultana Avenue in the City of Fontana, California. The Project is scheduled to be heard at the Fontana City Council hearing on October 28, 2025. The Fontana Planning Commission approved the Project based on an Infill Exemption at its hearing on August 19, 2025.

After careful review of Project documents, SAFER maintains that the Project does not qualify for the Infill Exemption because, as discussed below, substantial evidence shows that the Project will have significant adverse impacts related to biological resources and air quality. The Appeal Comment Re: Master Case No. 23-0101
October 27, 2025

City therefore cannot rely on the Exemption because (1) the Exemption does not apply on its face, and (2) the Unusual Circumstances Exception to the Exemption applies.

SAFER’s review of the Project has been assisted by expert wildlife ecologist Shawn Smallwood, Ph.D.; air quality experts Paul Rosenfeld, Ph.D., and Matt Hagemann, P.G., C.Hg., from the environmental consulting firm Soil/Water/Air Protection Enterprise (“SWAPE”); and indoor air quality expert Francis Offermann, P.E., C.I.H. Dr. Smallwood’s comment and CV are attached as Exhibit A and are incorporated herein by reference in their entirety. SWAPE’s comment and CV are attached as Exhibit B and are incorporated herein by reference in their entirety. Mr. Offermann’s comment and CV are attached as Exhibit C and are incorporated herein by reference in their entirety.

For the reasons discussed below, the Project does not qualify for the Infill Exemption and instead requires an initial study to determine the appropriate level of CEQA review before approval, whether a mitigated negative declaration (“MND”) or an environmental impact report (“EIR”). SAFER thus respectfully requests that the City Council grant SAFER’s appeal and find that the Project does not qualify for the Exemption under CEQA.

PROJECT DESCRIPTION
The Project involves the construction of a new, five-story, mixed-use residential and commercial building with 163 dwelling units and 41 accessory dwelling units, as well as 5,000 square feet of commercial retail space and 277 parking spaces on the first floor. The Project site, currently undeveloped and vacant, totals 3.5 acres. The site is located on the southeast corner of Foothill Boulevard and Sultana Avenue, in the City of Fontana. The site is bounded by Foothill Boulevard to the south, Sultana Avenue to the west, the Pacific Electric Trail to the north, and vacant land to the east. The site is surrounded by single-family residences to the north and east, vacant land to the east and west, and commercial uses to the south. The site is zoned MultipleFamily High Density Residential (R-5) and has a General Plan land use designation of Multi Family High Residential (R-MFH).

LEGAL STANDARD
CEQA mandates that “the long-term protection of the environment . . . shall be the guiding criterion in public decisions” throughout California. (Pub. Res. Code § 21001(d) [“PRC”].) A “project” is “the whole of an action” directly undertaken, supported, or authorized by a public agency “which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (PRC § 21065; 14 Cal.

Code Regs. § 15378(a) [“CCR”].) CEQA requires environmental factors to be considered at the “earliest possible stage . . . before [the project] gains irreversible momentum,” (Bozung v. Loc.

Agency Formation Com. (1975) 13 Cal. 3d 263, 284), “at a point in the planning process where genuine flexibility remains.” (Sundstrom v. Mendocino County (1988) 202 Cal.App.3d 296, 307.)
To achieve its objectives of environmental protection, CEQA has a three-tiered Appeal Comment Re: Master Case No. 23-0101
October 27, 2025

structure. (14 CCR § 15002(k); Committee to Save the Hollywoodland Specific Plan v. City of Los Angeles (2008) 161 Cal.App.4th 1168, 1185-86 [“Hollywoodland”].) First, if a project falls into an exempt category, or if it can be seen with certainty that the activity in question will not have a significant effect on the environment, no further evaluation is required under CEQA. (14 CCR § 15002(k)(1).) Second, if the project is not exempt, and there is a possibility the project will have a significant environmental effect, then the agency must perform an initial threshold study. (14 CCR § 15002(k)(2).) Third, if the initial study indicates that there is no substantial evidence that the project may have a significant environmental effect (id.), then a MND is required, but if the initial study shows that the project may have a significant environmental effect, then an EIR is required. (14 CCR § 15002(k)(3).) Here, because the City exempted the Project from CEQA entirely, the first step of the CEQA process applies.

CEQA identifies certain classes of projects as exempt from CEQA’s provisions. These are called categorical exemptions. (14 CCR §§ 15300, 15354.) “Exemptions to CEQA are narrowly construed and ‘[e]xemption categories are not to be expanded beyond the reasonable scope of their statutory language.’ [Citations].” (Mountain Lion Foundation v. Fish & Game Com. (1997) 16 Cal.4th 105, 125.) The determination as to the appropriate scope of a categorical exemption is a question of law subject to independent, or de novo, review. (San Lorenzo Valley Community Advocates for Responsible Education v. San Lorenzo Valley Unified School Dist., (2006) 139 Cal. App. 4th 1356, 1375 [“[Q]uestions of interpretation or application of the requirements of CEQA are matters of law. [Citations.] Thus, for example, interpreting the scope of a CEQA exemption presents ‘a question of law, subject to de novo review by this court.’”].) Here, the City has recommended that the Project is categorically exempt from CEQA’s requirements pursuant to the Class 32 Exemption, or “Infill Exemption.” (14 CCR § 15332.) Under CEQA’s Infill Exemption, a project is exempt from CEQA’s requirements if the project meets the following five conditions:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value, as habitat for endangered, rare, or threatened species.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services. (14 CCR § 15332 [emph. added].)

DISCUSSION
I. CEQA’s Infill Exemption does not apply on its face to the Project, thus a full CEQA analysis is required.

Appeal Comment Re: Master Case No. 23-0101
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The City relies on the CEQA Infill Exemption for the Project. One of the Exemption’s key limitations is that it does not apply if a project (1) has value as habitat for endangered, rare, or threatened species, or (2) will have any significant effects related to air quality. (14 CCR § 15332(c), (d).) Here, the Project does not qualify for the Infill Exemption because the Project site has value as habitat for several special-status species, and the Project will have significant adverse impacts related to air quality. Therefore, the City must prepare an initial study to determine the appropriate level of CEQA review before approval, whether an EIR or an MND.

A. There is substantial evidence that the Project will have significant adverse impacts on biological resources, precluding reliance on the Infill Exemption.

Expert wildlife ecologist Dr. Shawn Smallwood, Ph.D. has reviewed the Project, the Categorical Exemption Memo (“CE Memo”), and other relevant documents regarding the Project’s impacts on biological resources. Dr. Smallwood concluded that the Project site serves as habitat for multiple special-status species and that the CE Memo failed to adequately analyze the Project’s significant adverse impacts on wildlife. (Ex. A at 1, 22.) He recommended several mitigation measures that are needed to reduce the Project’s significant impacts on biological resources. (Id. at 27-28.)

1. The CE Memo did not fully account for the diversity of species that use the Project site as habitat, including several special-status species.

Dr. Smallwood’s associate, biologist Noriko Smallwood, M.S., visited the Project site on August 15, 2025 for a 3-hour survey and on August 19, 2025 for a 1.83-hour diurnal survey and a 1.67-hour nocturnal survey. (Id. at 2.) During her visit, Ms. Smallwood detected 24 species of wildlife at the Project site, including eight special-status species. (Id. at 3.) These special-status species included: (1) the Monarch Butterfly, a candidate for listing under the federal Endangered Species Act; (2) the Western Red Bat, a Western Bat Working Group (“WBWG”) high-priority species and a California Species of Special Concern (“SSC”); (3) the Canyon Bat, a WBWG moderate-priority species; (4) the Northern Harrier, a Priority 3 California Bird SSC, a Bird of Conservation Concern (“BCC”) with the U.S. Fish & Wildlife Service, and a Bird of Prey (“BOP”) protected under California Fish & Game Code § 3503.5; (5) the Allen’s Hummingbird, a BCC; (6) the American kestrel, a BOP; (7) the Cooper’s Hawk, a BOP and a species on the California Department of Fish & Wildlife Taxa to Watch List (“WL”); and (8) the White-Faced Ibis, also on the WL. (Id. at 3, 12.)
In contrast to Noriko’s site visit, the City failed to complete any wildlife surveys of the Project site. (Id. at 16.) As a result, the City has no basis for determining whether the site provides habitat to special-status species of wildlife. (Id.) CEQA requires government agencies to describe the “environmental setting” of the Project. (CEQA Guidelines § 15063(d)(2); Mejia v. City of Los Angeles (2005) 130 Cal.App.4th 322.) The “environmental setting” is defined as “the physical conditions which exist within the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance.” (CEQA Guidelines § Appeal Comment Re: Master Case No. 23-0101
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15360; see CEQA Guidelines § 21060.5; Lighthouse Field Beach Rescue v. City of Santa Cruz (2005) 131 Cal.App.4th 1170, 1192.) By failing to conduct any wildlife surveys of the Project site, or disclose the site’s existing conditions, including the fact that the site contains at least eight special-status species, the CE Memo inadequately described the Project’s “environmental setting” and thereby insufficiently analyzed the Project’s biological impacts.

Additionally, Dr. Smallwood found that the City’s desktop review was incomplete. (Ex.

A at 16.) Desktop review includes literature and database reviews and consultation with local experts to inform field surveys and interpret a project’s impacts on wildlife. (Id.) Dr. Smallwood found that the City’s desktop review was inadequate and incomplete. (Id.) The City’s desktop review was distorted to minimize the chances of the occurrence of special-status species. (Id.) Furthermore, the City did not conduct any desktop review specifically to evaluate the likelihood of the occurrence of special-status wildlife species on the Project site. (Id.) From his own assessment based on database reviews and Ms. Smallwood’s site visits, Dr. Smallwood estimates that about 137 special-status wildlife species are known to occur close enough to the Project site to warrant analysis of their occurrence potential. (Id.) Given Ms. Smallwood’s identification of at least eight special-status species on the Project site, as well as the records of the occurrence of multiple other special-status species near the site, Dr. Smallwood deems the site as habitat for special-status species. (Id. at 22.) These species use the site for stopover during migration, survival, and reproduction. (Id.) Therefore, the proposed Infill Exemption is improper. Further CEQA review is needed to appropriately assess and reduce the Project’s impacts on the wildlife community.

2. The Project will have significant adverse impacts on wildlife that the CE Memo failed to analyze and mitigate.

Dr. Smallwood concluded that the Project will have significant impacts on biological resources, including: (a) habitat loss; (b) interference with wildlife movement; and (c) birdwindow collision mortality. The CE Memo did not address any of these impacts. a. The Project will have a significant impact on the site’s reproductive capacity as a result of habitat loss.

Dr. Smallwood calculated that the loss of habitat from the Project would cause the loss of 13 bird nesting sites and 18 nesting attempts per year, a loss that “would qualify as significant impacts that have not been analyzed by the City of Fontana.” (Id. at 23.) However, these impacts would not end with this immediate numerical loss of nesting sites, for the reproductive capacity of the Project site would also be permanently lost. Dr. Smallwood estimated that the Project would prevent the production of 52 fledglings and 59 birds per year. (Id.) He concluded that “the loss of 59 birds per year would be a loss of significant habitat value,” and that “the loss of this many birds would easily qualify as an unmitigated significant impact.” (Id.) This is a significant adverse impact that must be analyzed and mitigated in an MND or EIR.

Appeal Comment Re: Master Case No. 23-0101
October 27, 2025

b. The Project will have a significant impact on wildlife as a result of interference with wildlife movement.

Dr. Smallwood concluded that the Project site provides wildlife with stopover opportunities during migration and dispersal of young, facilitating wildlife movement. (Id.) The Project would deprive wildlife of all such opportunities. However, the CE Memo failed to analyze how the Project would interfere with wildlife movement. (Id.) c. The Project will have a significant impact on birds as a result of window collisions.

The Project would introduce glass windows into open airspace space that is currently an essential bird habitat. (Id.) Dr. Smallwood’s database review and Ms. Smallwood’s site visits showed that there are 95 special-status bird species with the potential to use the airspace around the Project site. (Id.) Dr. Smallwood calculated that the Project will add about 13,455 square meters of external glass windows that would expose birds to collision mortality. He predicted that the Project will cause 984 bird fatalities per year from window collisions. (Id. at 26.) Most of these predicted deaths would be of birds protected under the Migratory Bird Treat Act and California Migratory Bird Protection Act, “thus causing significant unmitigated impacts.” (Id.) Given the estimated level of bird-window collision mortality, Dr. Smallwood concluded that “the proposed project would result in potentially significant adverse biological impacts, including the unmitigated take of both terrestrial and aerial habitat of birds and other sensitive species.” (Id.) Therefore, the Exemption would be improper for the Project, given the magnitude of the predicted adverse impact to wildlife caused by bird-window collision mortality.

3. Mitigation measures are needed to reduce the Project’s significant impacts on biological resources.

Dr. Smallwood suggests numerous mitigation measures that the City should implement to reduce the Project’s significant adverse impacts on biological resources, should the Project proceed. Potential mitigation measures include preconstruction take-avoidance surveys for nesting birds, use of bird-safe glass and window treatments, compensatory mitigation for habitat loss, funding of wildlife rehabilitation facilities, and native plant landscaping. (Id. at 27-28.) B. There is substantial evidence that the Project will have significant adverse air quality impacts, thereby precluding reliance on the Infill Exemption.

Air quality experts Dr. Paul Rosenfeld, Ph.D., and Matt Hagemann, P.G., C.Hg., from the environmental consulting firm SWAPE have reviewed the Project, the CE Memo, and other relevant documents regarding the Project’s air quality and human health impacts. SWAPE concluded that: (1) the CE Memo failed to adequately evaluate the Project’s air quality impacts; and (2) the Project may have significant adverse health risk impacts related to Project’s construction emissions. (Ex. B at 1, 6.) SWAPE recommended that “a full CEQA analysis be prepared . . . to ensure that the Project’s potentially significant emissions are reduced to the maximum extent possible.” (Id. at 7.)
Appeal Comment Re: Master Case No. 23-0101
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1. The CE Memo failed to adequately evaluate the Project’s construction emissions of toxic air contaminants.

CEQA requires agencies to substantively connect a project’s air quality impacts to associated impacts on human health risks. (See Sierra Club v. Cnty. of Fresno (2018) 6 Cal.5th 502.) Here, SWAPE found that the CE Memo neither assessed the Project’s construction emissions of diesel particulate matter (“DPM”), a toxic air contaminant and known carcinogen, nor conducted a quantified health risk assessment (“HRA”) to evaluate the health risks posed by the Project’s DPM emissions to nearby sensitive receptors. (Ex. B at 2.) Therefore, the CE Memo is inconsistent with CEQA’s requirement to connect the increase in DPM emissions created by the Project’s construction to the adverse impacts of those emissions on human health. (Id.) An MND or EIR must be prepared to evaluate these impacts.

2. The Project may have significant adverse health risk impacts related to the Project construction’s emissions.

Using AERSCREEN, a screening-level air quality dispersion model, SWAPE conducted a preliminary HRA of the cancer risk impacts of the Project’s construction DPM emissions on nearby residential sensitive receptors. (Id.) The CE Memo indicates that Project construction would produce about 69.5 pounds of DPM over the 422-day construction period. (Id.) The closest sensitive receptors to the Project site include single-family residences just 80 feet away. (Id. at 3; CE Memo at 14, 72.) SWAPE calculated that, during construction, the excess cancer risk of the Project’s DPM emissions to these sensitive receptors is 29.3 per million. (Ex. B at 5.) This far exceeds the 10 per million cancer risk threshold of the South Coast Air Quality Management District (“SCAQMD”). (Id.) Thus, SWAPE’s findings show that Project construction may result in a significant health risk impact. A full CEQA analysis should be prepared to analyze and mitigate this impact. (Id. at 6.) C. There is substantial evidence that the Project will pose significant health risks from indoor air quality impacts, thereby precluding reliance on the Infill Exemption.

Certified industrial hygienist, Francis Offermann, P.E., C.I.H., has reviewed the Project, the CE Memo, and other relevant documents regarding the Project’s indoor air emissions. These documents provide no analysis of the Project’s indoor air quality impacts. Mr. Offermann concluded that the Project will expose its future residents to significant health impacts related to indoor air quality, particularly emissions of the cancer-causing chemical formaldehyde. Mr.

Offermann is a leading expert on indoor air quality and has published extensively on the topic.

Mr. Offermann explained that many composite wood products used in building materials commonly found in residences contain formaldehyde-based glues which release formaldehyde gas over a very long period of time. He stated, “The primary source of formaldehyde indoors is composite wood products manufactured with urea-formaldehyde resins, such as plywood, medium density fiberboard, and particle board. These materials are commonly used in residential, office, and retail building construction for flooring, cabinetry, baseboards, window shades, interior doors, and window and door trims.” (Ex. C at 2.) Appeal Comment Re: Master Case No. 23-0101
October 27, 2025

Formaldehyde is a known human carcinogen, classified by the State as a Toxic Air Contaminant. The SCAQMD has established a CEQA significance threshold for airborne cancer risk of 10 per million. Mr. Offermann found that future Project occupants may be exposed to a cancer risk from formaldehyde emissions of about 120 per million for residents and 17.7 per million for commercial employees, even assuming that all materials comply with the California Air Resources Board’s (“CARB”) formaldehyde airborne toxics control measure. (Id. at 4-5.) This exceeds the SCAQMD’s CEQA significance threshold for airborne cancer risk. (Id. at 2.) Mr. Offermann concluded that the Project will have significant environmental impacts that must be analyzed in an EIR or MND and mitigation measures must be imposed to reduce the raised cancer risk. (Id. at 12-13.) Mr. Offermann prescribed a methodology for estimating the Project’s formaldehyde emissions for a more project-specific health risk assessment. (Id. at 6-

10.) He also identified feasible several mitigation measures to decrease the significant health risks, like installing air ventilation systems and requiring the use of composite wood materials only for all interior finish systems that are made with CARB-approved no-added formaldehyde (“NAF”) resins or ultra-low emitting formaldehyde (“ULEF”) resins. (Id. at 12-14.) When a project exceeds a duly adopted CEQA significance threshold, as here, this alone establishes substantial evidence that the project will have a significant adverse environmental impact. Indeed, in many instances, such air quality thresholds are the only criteria reviewed and treated as dispositive in evaluating the significance of a project’s air quality impacts. (See, e.g.

Schenck v. Cnty. of Sonoma (2011) 198 Cal.App.4th 949, 960 [County applies Air District’s “published CEQA quantitative criteria” and “threshold level of cumulative significance”]; see also Communities for a Better Env’t v. Cal. Res. Agency (2002) 103 Cal.App.4th 98, 110-11 [“A ‘threshold of significance’ for a given environmental effect is simply that level at which the lead agency finds the effects of the project to be significant”].) The California Supreme Court has shown the importance an air district significance threshold has in providing substantial evidence of a significant adverse impact. (Communities for a Better Env’t v. South Coast Air Quality Mgmt. Dist. (2010) 48 Cal.4th 310, 327 [estimated emissions in excess of air district’s significance thresholds “constitute substantial evidence supporting a fair argument for a significant adverse impact”].) Since expert evidence shows the Project will exceed the SCAQMD’s CEQA significance threshold, there is substantial evidence that an “unstudied, potentially significant environmental effect[]” exists. (See Friends of Coll. of San Mateo Gardens v. San Mateo Cty. Cmty. Coll. Dist. (2016) 1 Cal.5th 937, 958.) The City’s failure to address the Project’s formaldehyde emissions is contrary to the California Supreme Court’s decision in Cal. Building Industry Ass’n v. Bay Area Air Quality Mgmt. Dist. (2015) 62 Cal.4th 369, 386 (“CBIA”). The Court held in CBIA that CEQA does not generally require lead agencies to analyze the impacts of adjacent environmental conditions on a project. (Id. at 800-01.) However, to the extent that a project may exacerbate existing environmental conditions at or near a project site, those effects would still have to be considered pursuant to CEQA. (Id. at 801 [“CEQA calls upon an agency to evaluate existing conditions in order to assess whether a project could exacerbate hazards that are already present”].) In so holding, the Court expressly held that CEQA’s statutory language requires lead agencies to disclose and analyze “impacts on a project’s users or residents that arise from the project’s Appeal Comment Re: Master Case No. 23-0101
October 27, 2025