FROM:
Planning Department
SUBJECT:
Title
Master Case No. 24-069: Specific Plan Amendment No. 24-002, a request to modify Chapter 5.6 (Nonconforming Structures, Uses, and Lots) of the Southwest Industrial Park Specific Plan to allow legal nonconforming “Pallet Yards” to expand operations within existing sites in the Southwest Industrial Park Specific Plan, pursuant to a categorical exemption in accordance with CEQA Guidelines sections 15162 through 15164, and Section 15183.
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RECOMMENDATION:
Recommendation
1. Determine that this Ordinance is categorically exempt pursuant to Sections 15162 through15164, and Section 15183 of the California Environmental Quality Act (CEQA) and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, it has been determined that the previously certified Southwest Industrial Park Specific Plan Program Environmental Impact Report (SWIP PEIR) (State Clearinghouse [SCH] No. 2009091089) has adequately identified the impacts associated with the Specific Plan Amendment (“proposed project”) and direct staff to File a Notice of Exemption;
2. Read by title only and waive further reading of and introduce Ordinance No. 1963, an Ordinance of the City Council of the City of Fontana, approving a Specific Plan Amendment (SPA) No. 24-002 to amend the Southwest Industrial Park (SWIP) Specific Plan, Chapter 5.6 (Nonconforming Structures, Uses, and Lots) to allow expansions to legally established pallet yards within an existing site, and that the reading of the title constitutes the first reading 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:
The Southwest Industrial Park (“SWIP”) Specific Plan was adopted by the City of Fontana on June 12, 2012; the project area is primarily located south of the Interstate 10 freeway, east of the Interstate 15 freeway and north of State Route 60, with limited areas located north of Interstate 10. The SWIP Specific Plan includes nine land use districts with approximately 3,110 acres of industrial, manufacturing, office, commercial, research and development, and flex-tech development. The Specific Plan includes provisions related to nonconforming uses in Chapter 5.6, Nonconforming Structures, Uses, and Lots.
City staff initiated Specific Plan Amendment No. 24-002 to amend the Southwest Industrial Park (“SWIP”) Specific Plan by revising the nonconforming provisions of the SWIP’s Chapter 5.6 (Nonconforming Structures, Uses, and Lots) to allow for the internal expansion of legally established nonconforming pallet yards.
Pallet yards are not currently a permitted use within any of the SWIP land use districts and thus, previously permitted operational pallet yards are considered to be legally nonconforming. Nonconforming uses within the SWIP cannot expand either buildings or other operational areas even within their own sites, which has the effect of disallowing improvements such as building additions and site improvements. Such property improvements can provide enhancements that are positive additions to both the businesses, those businesses that they support, and the surrounding community. The proposed amendment is intended to allow for additional building and operations,
when within the site of an existing, legally operating business.
This Amendment will allow legally nonconforming pallet yard operators the opportunity to expand operations within an existing site by providing guidance and regulations for internal expansions only, thus providing for business and operational improvements without increasing the overall area of individual pallet yard sites.
ATTACHMENTS:
Attachment No. 1 - Ordinance for Specific Plan Amendment
Attachment No. 2 - Planning Commission Packet
Attachment No. 3 - PC Minutes of 11-19-2024
Attachment No. 4 - Public Hearing Notice
FISCAL IMPACT:
None
MOTION:
Approve staff’s recommendation.