FROM:
Planning Department
SUBJECT:
Title
Master Case No. 24-067 and Municipal Code Amendment No. 24-005: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code) including modifications to density bonuses, entitlement extension approvals and minor administrative cleanup items, restrictions on single-serving alcohol sales, premise-to-premise transfer of conditional use permits for alcohol sales, food truck standards, minor planned unit development standards, temporary use permits, in-home childcare facilities, permitted land uses in the Downtown Core, and Form-Based Code zoning district development standards, pursuant to a categorical exemption in accordance with CEQA Guidelines section 15060(c) and 15061(B)(3).
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RECOMMENDATION:
Recommendation
1. Determine that this Ordinance is categorically exempted pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 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,
2. Read by title only and waive further reading of and introduce Ordinance No. 1961, an Ordinance of the City Council of the City of Fontana approving Master Case No. 24-067 and Municipal Code Amendment No. 24-005 to amend multiple sections of Chapter 30 of the Fontana Zoning and Development Code, including amendments to density bonuses, entitlement extension approvals and minor administrative cleanup items, restrictions on single-serving alcohol sales, premise-to-premise transfer of conditional use permits for alcohol sales, food truck standards, minor planned unit development standards, temporary use permits, in-home childcare facilities, permitted land uses in the Downtown Core, and Form-Based Code zoning district development standards; and the reading of the title constitutes the first thereof.
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COUNCIL GOALS:
• Promote economic development by pursuing business attraction, retention, and expansion.
• 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:
Background:
The Planning Commission reviewed Master Case No. 24-067 and Municipal Code Amendment No. 24-005 during its November 19, 2024, meeting. At the conclusion of the hearing, the Planning Commission adopted Resolution PC No. 2024-058 to recommend approval of Municipal Code Amendment No. 24-005 to the City Council.
Analysis:
The City of Fontana Zoning and Development Code regulates 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, and/or redefinition to the help streamline zoning and facilitate the development process.
Density bonuses - Modifications to the density bonus regulations to align with State law and to make the provision for concessions for affordable housing developments not requesting a density bonus.
Entitlement extensions approved by the Director of Planning - Modifications to allow the Director of Planning to approve entitlement extensions without the need for a public hearing.
Minor Administrative Cleanups - Title changes from Community Development Director to Director of Planning to align with current department titles and other minor verbiage corrections.
Premises-to-premises transfer of an existing ABC license with CUP - Modification to remove an inconsistency in Table No. 30-492.C related to transfers of businesses wishing to sell or serve alcohol as site and location analysis is required for the establishment of alcohol sales.
Restrictions on the sale of single alcohol products - Modifications to include restrictions for the sale of single alcohol products to be consistent with the restrictions typically included as conditions of approval for new conditional use permits.
Development standards for Minor Planned Unit Development projects - Modifications to allow setbacks and lot dimensions to be customized and established as part of the Minor Planned Unit Development process, which will encourage innovative designs for residential developments in infill areas.
Food truck standards - Addition of standards allowing food truck operation with the approval of a temporary use permit within industrial areas, subject to certain provisions and regulations.
In-home childcare facilities in residential zones - Per State of California law, in-home childcare facilities in residential zones do not require a discretionary approval. The proposed modifications are to make these childcare facilities allowable by-right.
Glazing opacity for the Shopfront frontage type in the Form-Based Code zone - Modifications to the requirements for glazing opacity to meet the intent of engaging building frontage facing the public right-of-way while creating allowances for creative building designs.
Maximum Building Setbacks in Form-Based Code zone - Modifications to the maximum building setback from the rear property line for developments in the Village District of the Form-Based Code zone to provide additional flexibility for site and building design.
Permitted uses in the Downtown Core - Amendments for the Downtown Core to allow bars, lounges and nightclubs within the Sierra Core, Gateway Core and Mixed-Use Core subdistricts consistent with the intent of revitalizing the Downtown by creating an active nightlife and destination area for residents and the region.
In summary, the proposed amendments will provide for flexibility and streamlining of the city’s Zoning and Development Code to facilitate desirable development within the city.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.