FROM:
Planning Department
TITLE:
Title
Planning Commission Determination that the disposition of land identified as Assessor’s Parcel Numbers 0228-051-14-0000 and 0228-051-15-0000 is in Conformance with the City of Fontana 2018-2035 General Plan and making CEQA findings pursuant to the State CEQA Guidelines Section 15061(b)(3).
End
RECOMMENDATION:
Staff recommends that the Planning Commission consider the locations, purpose, and extent of the proposed real property disposition described herein as required under Government Code Section 65402 and adopt Resolution No. PC 2024-059 finding that the proposed disposition is in conformance with the City’s General Plan, making CEQA findings pursuant to the State CEQA Guidelines Section 15061(b)(3) and directing staff to file a Notice of Exemption
APPLICANT:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:
Southwest Corner of South Highland Avenue and Knox Avenue. Assessor’s Parcel Numbers 0228-051-14-0000 and 0228-051-15-0000
REQUEST:
Determination by the Planning Commission that the disposition of the property described herein is consistent with the goals and policies of the City of Fontana General Plan.
PROJECT PLANNER:
Patty Nevins, Director of Planning
BACKGROUND INFORMATION:
Government Code section 65402 (attached) provides that a local agency’s acquisition or disposal of real property shall be submitted to and reported upon by the planning agency with respect to conformity with the adopted general plan.
PROJECT DESCRIPTION:
The City intends to declare certain parcels located at the southwest corner of South Highland Avenue and Knox Avenue (APNs 0228-051-14-0000 and 0228-051-15-0000) as surplus and dispose of them. See vicinity map attached as Attachment No. 1.
ANALYSIS:
Government Code section 65402 (attached) provides that the City’s acquisition or disposal of real property shall be submitted to and reported upon by the planning agency with respect to conformity with the adopted general plan. The City of Fontana acquired the subject parcels in 1997; staff has been unable to determine the purpose of the purchase of these parcels. An attempt was made to sell these parcels in 2019 but that transaction was not completed. In 2003, Resolution No. 2003-55, the City declared portions of these city owned parcels as right of way for street and public utility purposes.
The parcels, which together total just over one quarter of an acre, provides no direct benefit to the City in their current condition.
The properties would provide an opportunity for development by a private company and therefore, is recommending that the City declare the property surplus and encourage developers, including affordable housing developers, to submit proposals for the property’s redevelopment.
The General Plan land use designation for the subject properties is Multi Family Medium/High Residential. This land use designation provides for residential multi-family development within a density range of 24.1-39 dwelling units per acre. Disposal of the property would allow for development of additional housing units within the city, consistent with city goals of encouraging residential development.
The General Plan’s Housing Element supports a consistency finding for the disposition of the property as identified within multiple general plan goals and policies. Applicable goals within the Housing Element supportive of the consistency finding include:
Housing Goal No. 1: Adequate housing to meet the needs of all residents in Fontana.
Housing Policy No. 1.1: Establish a range of rental and for sale housing opportunities in the city.
Housing Policy No. 1.3: Promote the development and access to housing affordable to all income levels in Fontana.
The General Plan’s Land Use, Zoning, and Urban Design element further supports a consistency finding for the disposition of the property as follows:
Goal No. 2: Fontana development patterns support a high quality of life and economic
prosperity.”
Government Code section 65402 (attached) provides that the City’s disposal of the real property shall be submitted to and reported upon by the planning agency with respect to conformity with the adopted general plan. The General Plan goals and policies cited provide the basis for the Planning Commission to find that the City’s disposal of the subject properties is consistent with the General Plan.
California Environmental Quality Act (“ CEQA” )
The proposed Project is exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). Section 15061(b)(3) of the State CEQA Guidelines states that an activity is covered by the common sense exemption that CEQA only applies to project that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. The disposition of property will not involve nor approve
any physical change nor any reasonably foreseeable future change. Therefore, no environmental review is required.
CONCLUSION
Based on the General Plan goals and policies cited, staff concludes that the disposition of the subject properties is consistent with the City of Fontana General Plan.
MOTION:
Approve Staff’s recommendations.
ATTACHMENTS:
Attachment No. 1: Vicinity Map
Attachment No. 2: Planning Commission Resolution PC 2024-059
Attachment No. 3: Government Code Section 65402(c)