FROM:
Planning Department
SUBJECT:
Title
Master Case No. 25-00011 and Municipal Code Amendment No. 25-001: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code) to establish a new entertainment center overlay district with three (3) Entertainment Center planning areas with land use restrictions and requirements; revisions to the land use tables in Form Based Code (FBC) Downtown Gateway, Sierra Gateway, Route 66 Gateway and Valley Gateway) and Commercial Zoning Districts for parcels that have frontage along Foothill Boulevard between Ilex Street to Maple Avenue and along Sierra Avenue from I-10 to Randall Avenue, revise the permit requirements for farmers markets from minor use permit to temporary use permit; revise the nonconforming provisions to allow for expansions for up to 50 percent along with an extension of a discontinued nonconforming use up to twenty-four months for repairs, remodels, and expansions; and include a requirement for the installation of Route 66 signage for certain properties along Foothill Boulevard for projects that undergoing a Design Review or an Administrative Site Plan, pursuant to the certified General Plan Environmental Impact Report (State Clearinghouse (SCH) No. 2016021099) and Public Resources Code Section 21083.3.
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RECOMMENDATION:
Recommendation
1. Determine that the proposed amendments are consistent with the Fontana General Plan and certified General Plan Environmental Impact Report (EIR) (State Clearinghouse No. 2016021099) and so qualifies for an exemption from CEQA specifically Public Resources Code 20183.3 and CEQA Guidelines Section 15183, as the proposed amendments will have no new or more severe significant environmental effect “peculiar to” the Ordinance than discussed in the certified EIR and will have no significant off-site and cumulative impacts not discussed in that EIR as long as all applicable mitigation measures in the certified EIR will be undertaken; and
2. Read by title only and waive further reading of and introduce Ordinance No.1969, an Ordinance of the City Council of the City of Fontana approving Master Case No. 25-0011 and Municipal Code Amendment No. 25-001 to establish a new entertainment center overlay district with three (3) Entertainment Center planning areas with land use restrictions and requirements; revisions to the land use tables in Form Based Code (FBC) Downtown Gateway, Sierra Gateway, Route 66 Gateway and Valley Gateway) and Commercial Zoning Districts for parcels that have frontage along Foothill Boulevard between Ilex Street to Maple Avenue and Along Sierra Avenue from I-10 to Randall Avenue, revise the permit requirements for farmers markets from minor use permit to temporary use permit; revise the nonconforming provisions to allow for expansions for up to 50 percent along with an extension of a discontinued nonconforming use up to twenty-four months for repairs, remodels, and expansions; and include a requirement for the installation of Route 66 signage for certain properties along Foothill Boulevard for projects that undergoing a Design Review or an Administrative Site Plan.
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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 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, clarifications, and/or redefinition to help streamline zoning and facilitate the development process.
On July 25, 2023, the City Council of the City of Fontana (“City Council”) adopted Ordinance No. 1922, an urgency ordinance, in accordance with Government Code Section 65858, implementing a moratorium on the approval of any building permit, occupancy permit, conditional use permit, variance, subdivision map, design review, administrative site plan review or other land use entitlements, permits or regulatory license or permit required to comply with the provisions of the FMC or any specific plan for serviced based, non-entertainment use (“Moratorium”).
On September 5, 2023, Ordinance No. 1924 was approved by the City Council for an additional 10 months and 15-day extension until July 23, 2024.
On July 23, 2024, the City Council approved through Ordinance No. 1957 the final extension of the Moratorium for an additional one year until July 23, 2025.
In 2024, the City retained the services of Kosmont Companies to perform an economic marketing analysis of the Foothill Boulevard and Sierra Avenue corridors, which are primary arterials connecting the City’s downtown area to surrounding communities and three major Interstate Highways.
A joint workshop between the City Council and the Planning Commission was conducted by staff on November 12, 2024, to inform the Council, Commission and public on the Entertainment Center Overlay and Corridors where staff received direction from City Council to proceed with MCA No. 25-001. This included the creation of an overlay district, along with other changes in the Zoning and Development Code to create an entertainment center overlay district and other supporting uses and requirements along Foothill Boulevard and Sierra Avenue in alignment with the General Plan’s goal of creating regional hubs for dining, shopping and entertainment purposes to attract local and regional visitors to drive economic growth in Fontana.
On April 1, 2025, this item was continued by the Planning Commission to the April 15, 2025, Planning Commission meeting.
April 15, 2025, the Planning Commission adopted Resolution PC No. 2025-012 to recommend approval of Municipal Code Amendment (MCA) No. 25-001, for amendments to Chapter 30 - Zoning and Development Code to City Council.
Analysis:
The amendments to the Zoning and Development code establish an Entertainment Center Overlay District along with other proposed changes to the Zoning and Development code, that align with the 2015-2035 General Plan goal of creating hubs for dining, shopping and entertainment purposes to attract local and regional visitors that would help drive economic growth for the city.
Municipal Code Amendment No. 25-001:
The Municipal Code Amendment is to establish an Entertainment Center Overlay District that includes three (3) Entertainment Center Planning Areas at key intersections (Valley Boulevard and Sierra Avenue, Foothill Boulevard and Sierra Avenue, and Foothill Boulevard and Cherry Avenue). Other changes include revisions to the land use tables in the Form Based Code (FBC) (Downtown Gateway, Sierra Gateway, Route 66 Gateway, and Valley Gateway) and Commercial Zoning Districts for parcels that have frontage along Foothill Boulevard between IIex Street to Maple Avenue and along Sierra Avenue from I-10 to Randall Avenue to: restrict certain auto/light industrial related uses, allow by right certain entertainment/recreational uses, modify regulations for Alcohol Beverage Sales to allow by right on-site alcohol beverage sales license to restaurants (Bone fide Public Eating Places). The amendment also includes other amendments to Chapter 30 that includes modifications to the permitting requirements for farmers markets, revisions to the nonconforming provisions; and requirements for Route 66 signage along Foothill Boulevard. Below is a more detailed summary of the components:
Entertainment Center Overlay District: The creation of three (3) new entertainment center planning areas along Sierra Avenue and Foothill Boulevard that includes a specific list of land uses, a requirement for public art, and regulations for outdoor storage.
The following is a summary of the planning areas along with the requirements of this new overlay district. Maps of each planning area are depicted in Figures 1 -3 in Exhibit A of the Ordinance (Attachment No. 1).
Entertainment Center Planning Area 1: - Valley Boulevard and Sierra Avenue, approximately 119 acres generally located in the vicinity of Valley Boulevard and Sierra Avenue. This planning area includes the following uses by right: entertainment/recreational uses, restaurant, medical services (excludes acute care, surgery centers, urgent care, walk in and hospital), retail uses, hotels, and restaurants with on-site alcohol sales. Office and personal service uses are also allowed by right but would not be permitted on the first floor for development with two or more stories. Alcohol sales that are not associated with restaurants/entertainment would be subject to a minor use permit. Cigar lounges, hookah lounges, massage uses, and public assembly uses are subject to a conditional use permit. Multi-family and mixed-use development are permitted when they are allowed in the underlying zone.
Entertainment Center Planning Area 2: Sierra Avenue and Foothill Boulevard- approximately 27 acres generally located in the vicinity north of Foothill Boulevard and Sierra Avenue. This planning area is similar to Planning Area 1; however, it does not include restrictions for locating offices and personal service to the second floor or above for developments with two floors or move. Planning area 2 includes the following uses by right: entertainment/recreational uses, restaurant, office, personal services, medical services (excludes acute care, surgery centers, urgent care, walk in and hospital), retail uses, hotels, and restaurants uses with on-site alcohol sales. Alcohol sales that are not associated with restaurant uses would be subject to a minor use permit. Cigar lounges, hookah lounges, massage uses, and with public assembly uses are subject to a conditional use permit. Multi-family and mixed-use development are permitted when they are allowed in the underlying zone.
Entertainment Center Planning Area 3: Foothill Boulevard and Cherry Avenue- Approximately 37 acres generally located in the vicinity north of Foothill Boulevard and Cherry Avenue. This Planning Area is similar to Planning Area 2 except this area allows Drive thru restaurant with approval of a Conditional Use Permit. Planning Area 3 includes the following uses by right: entertainment/recreational uses, restaurants, office, personal services, medical services (excludes acute care, surgery centers, urgent care, walk in and hospital), retail, hotels, and restaurant uses with on-site alcohol sales. Alcohol sales that are not associated with restaurant uses would be subject to a minor use permit. Cigar lounges, hookah lounges, massage uses, restaurants with drive-thrus, along with public assembly are subject to a conditional use permit. Multi-family and mixed-use development are permitted when they are allowed in the underlying zone.
Public Art - All development projects located within the Entertainment Center Overlay District that is subject to a Design Review are required to provide Public Art. Public Art would be reviewed through approval of an Administrative Site Plan. Planning Area 1 will be required to contribute to a Fontana theme and other Planning Areas 2 and 3 that are located along Foothill Boulevard are required to incorporate a Route 66 theme. The overlay also includes provisions for requirements, materials, and maintenance as it relates to public art.
Sierra Avenue and Foothill Boulevard Corridors: Revisions to the land use tables in the Form Based Code (FBC) (Downtown Gateway, Sierra Gateway, Route 66 Gateway, and Valley Gateway) and Commercial Zoning Districts for parcels that have frontage along Foothill Boulevard between IIex Street to Maple Avenue and along Sierra Avenue from I-10 to Randall Avenue has been included in the Municipal Code Amendment to make changes to the Sierra Avenue and Foothill Boulevard Corridors. These corridors with a mixture of supporting uses can function to contribute to feeding the residents and visitors into a vibrant downtown center and the proposed new entertainment center planning areas. The following is a summary of the proposed changes along these corridors.
Sierra Avenue Corridor - along Sierra Avenue from I-10 to Randall Avenue Land Use Revisions: The City amended the Zoning and Development Code in 2023 for the Downtown Core Project under the SB2 Grant, that included new zoning requirements that contributes to a lively downtown that anticipates entertainment and restaurant uses along Sierra Avenue from Foothill Boulevard to Randall Avenue. Thus, this area that includes existing zoning currently functions as an existing planning area. The proposed Municipal Code Amendment to revise the Form Based Code (FBC) (Sierra Gateway and Valley Gateway Districts) will be generally located along Sierra Avenue from I-10 freeway to Randall Avenue, includes the following changes: restrict repair/industrial uses (Auto repair, antique restoration, equipment/appliance repair, furniture refinishing, and furniture upholstery); restrict auto related uses (auto sales, car washes, auto rental, auto repair, and gas station); restrict acute and urgent care uses; allow by right certain entertainment/recreational uses (Studios, cafes, game rooms, golf course/driving range, gymnasiums, bowling alleys, other sports facilities, courts, theaters, and galleries); require Conditional Use Permit for nightclubs and billiards; and modify regulations for Alcohol Beverage Sales to allow by right for on-site alcohol beverage sales license to restaurants. The objective of this change is to facilitate for more entertainment and restaurant uses and contribute to attracting visitors to this area.
Foothill Boulevard Corridor - along Foothill Boulevard from IIex Street to Maple Avenue Land Use Revisions: Since Foothill Boulevard is part of Route 66, an objective of the Municipal Code Amendment is to celebrate this designation and create a sense of place by continuing to allow auto related uses, allowing more opportunity for entertainment/recreational uses, and requiring Route 66 themed signage. The proposed Municipal Code Amendment to revise the Form Based Code (FBC) (Downtown Gateway and Route 66 Gateway Districts) and Commercial Zoning Districts for parcels that have frontage along Foothill Boulevard between IIex Street to Maple Avenue, includes the following changes: restrict industrial uses (Antique restoration, equipment/appliance repair shop for household appliances, furniture refinishing, furniture upholstery, building materials with outdoor storage, and equipment rental); restrict acute and urgent care uses; allow by right certain entertainment/recreational uses (Studios, cafes, game rooms, golf course/driving range, gymnasiums, bowling alleys, other sports facilities, courts, theaters, and galleries); Conditional Use Permit required nightclubs and billiards uses; and modify regulations for Alcohol Beverage Sales to allow by right for on-site alcohol beverage sales license to restaurants.
Other Components of the Municipal Code Amendment: Coupled with the proposed entertainment center overlay and the revisions to the land use tables in the Form Based Code and Commercial Zoning District along the Sierra Avenue and Foothill Boulevard corridors, the changes to the Zoning and Development code also includes a requirements for Route 66 branding/signage on Foothill Boulevard, nonconforming provisions, and provisions for Farmers Markets.
Route 66 signage/branding: The proposed amendment includes a provision to require Route 66 branding/signage along Foothill Boulevard for projects undergoing a Design Review or an Administrative Site Plan.
Nonconforming provisions: The proposed amendment includes a provision to allow expansions to existing nonconforming sites/uses up to 50 percent, provided that they do not enlarge the site, and includes requirements to make improvements to the site. It also includes provisions to extend a discontinued nonconforming use up to twenty-four months for repairs, remodels, and expansions.
Farmers Markets: Farmer Markets are currently allowed in certain land use districts in the Form Based Code with approval of a minor use permit. The proposed amendment includes a provision to allow Farmers Markets with approval of a temporary use permit in the same land use districts in the Form Based Code instead of a Minor Use Permit along with transferring the existing standards for placement and signage. A Temporary Use Permit is a more appropriate permit than a Minor Use Permit for a Farmers Market since they tend to be more seasonal.
ENVIRONMENTAL:
Pursuant to the Public Resources Code 20183.3, California Environmental Quality Act (CEQA) Guidelines Section 15183, and Section 7 of the Local 2019 Guidelines for implementing CEQA and Section, the proposed project that establishes an Overlay with planning areas and requirements along with modifications in the Zoning and Development Code that limits, modify, and clarifies uses in commercial areas, and requires art/signage are consistent with the Fontana General Plan and certified General Plan Environmental Impact Report (EIR) (State Clearinghouse No. 2016021099) and it anticipated the development of commercial/recreation uses. Therefore, it qualifies for an exemption from CEQA, and CEQA Guidelines, as the proposed amendments will have no new or more severe significant environmental effects “peculiar to” the Ordinance than discussed in the certified EIR nor will it have significant off-site and cumulative impacts not discussed in that EIR.
FISCAL IMPACT:
The amendments are intended to encourage and facilitate entertainment and retail uses and increase related business revenues and sales taxes.
MOTION:
Approve staff recommendation.
ATTACHMENTS:
Attachment No. 1 - Ordinance
Attachment No. 2 - Notice of Determination
Attachment No. 3 - Public Hearing Notice