FROM:
Planning Department
SUBJECT:
Title
Master Case No. 24-019 and Municipal Code Amendment No. 24-001: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code), 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 project is Categorically Exempt pursuant 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, and direct staff to file a Notice of Exemption; and,
2. Read by title only and waive further reading of and introduce Ordinance No. 1951, an Ordinance of the City Council of the City of Fontana approving Master Case No. 24-019 and Municipal Code Amendment No. 24-001 to amend multiple sections of Chapter 30 of the Fontana Zoning and Development Code, including amendments to sections 30-41, 30-43, 30-80, 30-215, 30-217, 30-302.2, and 30-643 to remove references to the Development Advisory Board; Sections 30-285 and 30-294 to correct noticing verbiage related to Tentative Maps; Sections 30-362 through 30-370 and 30-378 through 30-380 to remove Form Based Code maximum lot dimensions and add language to allow common and public open space for projects over two acres in the Form Base Code; Section 30-404 to provide common open space amenity options; Section 30-467 to remove ADU owner occupancy requirements consistent with state law; and Section 30-530 to remove certain “all other” use categories permitted in industrial zoning districts; 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. 24-019 and Municipal Code Amendment No. 24-001 during its March 19, 2024, meeting. At the conclusion of the hearing, the Planning Commission adopted Resolution PC No. 2024-023 to recommend approval of Municipal Code Amendment No. 24-001 to the City Council.
Analysis:
The City is proposing approval of Municipal Code Amendment No. 24-001 to update Chapter 30, that will modify multiple sections of the Zoning and Development Code, including removal of references to the development advisory board (various portions of the code), corrections to Tentative Parcel Map and Tentative Tract Map noticing section referencing minor use permits, removing maximum lot dimensions in the Form Based Code, add language to allow common and public open space for projects over two acres in the Form Based Code, removal of owner occupancy requirements related to accessory dwelling units and removal of certain permitted uses in industrial zoning districts. The amendments are proposed in order to provide flexibility, clarity, and streamlining of the City’s Municipal Code.
The following is a brief summary of the proposed amendments. A detailed list of proposed amendments are provided under the Ordinance, attached to this staff report as Attachment No. 1.
Development Advisory Board: Multiple sections will be amended to remove references to the Development Advisory Board, which no longer exists.
Tentative Map Cleanup Item: Corrections to clean up incorrect language referencing minor use permits in the Tentative Parcel Map and Tentative Tract Map noticing section of the code.
Maximum Lot Dimensions and Common and Public Open Space: This amendment will modify the development standards tables of various subdistrict of the Form Based Code to remove the maximum lot dimensions. In addition, this amendment will add language to allow common and public open space for projects over two acres within the Form Based Code. This will remove obstacles to residential development and provide consistency with the requirements of residential zoning districts.
Section 30-404: General requirements: This amendment will provide additional amenities that can be considered in Form Based Code open spaces.
Section 30-467: Accessory dwelling units and junior accessory dwelling units: This amendment will remove the language that references owner occupancy for ADU’s, consistent with recently adopted state legislation, with the exception of junior accessory dwelling units (JADU’s) which is permitted by state law.
Section 30-530: Uses permitted: This amendment will modify the language within the permitted uses table to remove “catch-all” categories withing the table.
In summary, the proposed amendments are proposed in order to provide flexibility in, and streamlining of, the City’s Municipal Code.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.