FROM:
Development Services
TITLE:
Title
A Resolution of the Planning Commission of the City of Fontana determining that the proposed lease of certain City-owned Real Property Located at 8572 Sierra Avenue, identified as Assessor Parcel Number 0191-274-33, is in conformance with the City of Fontana 2015-2035 General plan; pursuant to a CEQA exemption in accordance with CEQA Guidelines Section 15301.
End
RECOMMENDATION:
Planning Commission of the City of Fontana adopt Resolution No. PC 2026-034 Determining that the lease of certain City-owned Real Property Located at 8572 Sierra Avenue, identified as Assessor Parcel Number 0191-274-33, is in Conformance with the City of Fontana 2015-2035 General Plan, and make CEQA findings pursuant to State CEQA Guidelines Section 15301 and Directing Staff to File a Notice of Exemption.
APPLICANT:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:
8572 Sierra Avenue, Fontana, California, 92335 Assessor Parcel Number 0191-274-33.
REQUEST:
That the Planning Commission determine that the commercial lease 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) requires the planning agency of a municipality to report to the City Council on whether the location, purpose, and extent of a proposed disposition of real property by the municipality are in conformance with the municipality’s general plan.
PROJECT DESCRIPTION:
The City of Fontana owns property located at 8572 Sierra Avenue, Fontana, California, 92335, identified as Assessor Parcel Number 0191-274-33 (the “Property”). The Property is improved with a commercial structure used for restaurant purposes and other related improvements. The Property has a General Plan designation of WMXU-3 (Walkable Mixed Use) and falls within the FBC (Form Based Code) Downtown Core Zoning District.
ANALYSIS:
The City desires to enter into a commercial lease agreement (the “Lease”) for 10,158 rentable square feet within the Property with La Tapatia Arrow Inc. (the “Tenant”), a business which proposes to open and operate an Americana Restaurant and Tap Room. The Lease has an initial term of ten years and includes two five-year renewal options, resulting in a potential total term of twenty years. Accordingly, for the purposes of the Surplus Land Act (“SLA”), the Lease constitutes a disposition of surplus land under Government Code section 54221(d)(1)(B), which defines “dispose” to include the entering into a lease of surplus land for a term longer than 15 years, inclusive of any extension or renewal options included in the terms of the initial lease, for leases entered into on or after January 1, 2024.
The proposed location, purpose, and extent of the Lease are consistent with the City’s General Plan. The purpose of the commercial lease, which is to allow the Tenant to open and operate a restaurant with tap room at the property, is consistent with the general objectives set forth in Chapter 13 (Economy, Education, and Workforce Development) of the General Plan, which promotes a diversified economy that builds on existing business sectors and develops, attracts and retains future job-creating sectors. The proposed commercial lease supports these objectives in the following ways:
• Promote a diversified economy that builds on existing sectors and develops, attracts and retains future job-creating sectors.
• Plan Fontana as a “complete community” with a balance of diverse neighborhoods, amenities, services, and infrastructure that supports a qualified workforce and attracts business.
• Revitalize Fontana’s downtown and Sierra Avenue corridor to provide an attractive area for new businesses to locate and create a lively center of government, education, medical care, arts, culture and entertainment, restaurants and new housing.
Based on the foregoing, the Planning Agency finds that the proposed Lease is in conformity with the City’s General Plan as to its location, purpose, and extent, consistent with Government Code section 65402.
California Environmental Quality Act (“CEQA”)
The proposed project is exempt from CEQA pursuant to State CEQA Guidelines Section 15301 which exempts projects for the leasing and minor alteration of existing public structures and facilities that involve negligible or no expansion of existing or former use. Here, the proposed Lease is of an existing Property for the operation of a restaurant with minor improvements and negligible expansion of the Property’s former use. Further, none of the exceptions in CEQA Guidelines Section 15300.2 have application here. As a result, the proposed project is exempt from further CEQA review.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
Attachment No. 1 - Vicinity Map
Attachment No. 2 - Planning Commission Resolution
Attachment No. 3 - Government Code Section 65402(c)