FROM:
Planning Department
TITLE:
Title
Master Case No. 22-110 and Municipal Code Amendment No. 22-007 - Fontana Municipal Code amendment to Chapter 2 (Administration), (Chapters 9 (Environmental Protection and Resource Extraction) Chapter 25 (Streets, Sidewalk, and Other Public Ways), Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development Code), and Chapter 33 (Cannabis Businesses and Activities).
End
RECOMMENDATION:
Based on the information in the staff report staff recommends that the Planning Commission adopt Resolution PC No. 2022-___; and,
1. Determine that this Ordinance is categorically exempted pursuant to the California Environmental Quality Act (CEQA) Guidelines 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, in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be 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; and,
2. Approve a resolution recommending that the City Council adopt an Ordinance for Municipal Code Amendment (MCA) No. 22-007 to amend Chapter 2, Chapter 9, Chapter 25, Chapter 26, Chapter 30, and Chapter 33 of the Municipal Code.
APPLICANT:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
LOCATION:
Citywide
REQUEST:
A Municipal Code Amendment (MCA) No. 22-007 for amendments to: Chapter 2, 25, 26, and 30 to remove the Development Advisory Board (DAB) process; Chapter 9 to revise the definition of sensitive receptors; Chapter 30 to modify park/open space requirements within the Form Based Code, add language for density bonus/replacement units to address Senate Bill 330, and provide exemptions for City initiated projects; and Chapter 33 to include minor text modification to the Cannabis Business regulations.
PROJECT PLANNER:
Salvador Quintanilla, Senior Planner
BACKGROUND INFORMATION:
The City of Fontana Zoning and Development Code regulates the development of commercial, industrial, and residential projects. Staff has reviewed various chapters of the municipal code and determined that some of the language within the code sections need to be updated, clarified, and/or redefined to assist in streamlining the development process and create flexibility where appropriate. Therefore, staff is proposing the following modifications to these chapters.
ANALYSIS:
The City initiated Municipal Code Amendment No. 22-007 to update Chapter 2 (Administration), Chapters 9 (Environmental Protection and Resource Extraction) Chapter 25 (Streets, Sidewalk, and Other Public Ways), Chapter 26 (Subdivisions), Chapter 30 (Zoning and Development Code), and Chapter 33 (Cannabis Businesses and Activities) as summarized below; a detailed list of the proposed amendments is provided as part of Exhibit “A” of the Planning Commission Resolution (Attachment No. 1).
Revisions to Chapter 2, 25, and 26 and 30: This amendment includes the removal of all references to the Development Advisory Board (DAB) process. This will enable staff to facilitate the processing of development projects in a more timely manner and streamline the development process.
Revisions to Chapter 9, Section 9-71: With implementation of the recently-approved Sustainability Ordinance, staff has identified that requirements related to certain (generally nonconforming) residential properties, which are identified as sensitive receptors but which also contain industrial or commercial uses - including storage - operating on the same property as the residence, are resulting in undesirable design outcomes for proposed development adjacent to these properties. Commerce center docks and truck circulation routes must be sited away from sensitive receptors, which may require relocation to an area adjacent to the street right of way resulting in a less desirable visual aesthetic, while having little to no beneficial effect on a residence already surrounded by, or at least co-located with, industrial or similar uses. As a result, staff proposes amending the definition of sensitive receptors as identified.
Additional Revisions to Chapter 30: This amendment will add to or update various sections of the zoning and development code including establishing a program for residential replacement units to address SB 330, modifying regulations related to Form Based Code park/open space requirements, and adding language for city-initiated projects eliminating the need to comply with development standards and entitlement requirements.
Add Article XV (No Net Loss/Density Bonus Program) to Chapter 30:
The proposed Development Code Amendment would establish a “No Net Loss Program” to provide that concurrent with the approval of any change in zone from a residential use to a less intensive or non-residential use, replacement units in the form of a density bonus will become available to project applicants subsequently seeking to develop property for residential use within the City. In doing so, the proposed changes will ensure that there is no net loss of residential capacity within the City as required by Senate Bill 330 (“SB 330).
This Development Code Amendment would create a No Net Loss/Density Bonus Program wherein “replacement units” - those units no longer available for residential development based on a change in zone from a residential use to a less intensive or non-residential use - are made available to developers of residential housing dwelling units within residentially zoned districts. This approach to meeting the requirements of SB 330 is more flexible and facilitative than simply rezoning an alternative property as it encourages additional housing development by those who are demonstrably ready, willing, and able to move forward with the development process as evidenced by submittal of entitlements for residential development whereas a rezoned property may or may not have a property owner that is ready, willing, and able to develop. Additionally, SB 330 specifically provides for alternative approaches beyond just rezoning property to ensure no net loss in residential capacity. Government Code 66300Section (i)(1) states that “This section does not prohibit an affected county or an affected city from changing a land use designation or zoning ordinance to a less intensive use if the city or county concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity” (emphasis added). The proposed ordinance would ensure that upon rezoning properties subject to SB 330, the development standards, policies, and conditions applicable to other parcels are concurrently changed to ensure no net loss in residential capacity. Multiple other cities have adopted similar ordinances to meet the requirements of SB 330.
Add language to Chapter 30, Section 30-4: Public Projects
Division 1 of Article I of the Development Code does not currently exclude “public projects”; proposed addition of language to the Development Code of Section 30-3.1 to Chapter 30 will improve the efficiency of public projects by eliminating the need to comply with specific development standards and the requirement for entitlements approvals following the City Council’s direction to initiate public projects.
Add language to Chapter 30, Section 30-399 through 404: Public Open Space
Division 10 of Article 3 of the Development Code will be amended to allow developers to build common open space or public open space that includes amenities. Currently, developers are required to provide public open space for projects over two acres. The public open space is intended to be open to the public and constructed on private properties along street frontages. Planning staff has determined this can be a challenge for projects with narrower lots and interior amenities.
Revisions to Chapter 33: This section will update some language to the Cannabis Business and Activities ordinance. This amendment includes clarifying inconsistencies with the application process and permitted uses table.
In summary, the proposed amendments are proposed in order to provide flexibility in, and streamlining of, the City’s Municipal Code.
MOTION:
Approve staff recommendation.
ATTACHMENTS:
1. Planning Commission Resolution/Exhibit A
2. Notice of Exemption
3. Notice of Public Hearing