FROM:
Planning Department
TITLE:
Title
Master Case (MCN) No. 23-000034 & Master Case (MCN) No. 23-000044: General Plan Amendment (GPA) No. 23-000002, Specific Plan Amendment (SPA) No. 23-000002, Tentative Tract Map No. 20646 (TTM No. 26-0006), Tentative Parcel Map No. 20851 (TPM No. 23-000008) & Design Review (DRP) No. 23-000011, Conditional Use Permit (CUP) No. 23-00005, & Development Agreement (AGR) No. 23-000012 - A request to amend the General Plan land use designation for an approximately 9.3-acre site located at the northwest corner of Sierra Avenue and Terra Vista Drive (APN: 0239-081-52) from Residential Planned Community (R-PC) to General Commercial (C-G), to amend the Arboretum Specific Plan to modify allowed land uses and reconfigure planning areas and park sites, for site and architectural review of a proposed commercial center consisting of 69,617 square feet of commercial development (49,362 square foot grocery store with a 13,017 square foot inline shop building, 9,544 square foot pad building, and a 3,694 square foot drive thru restaurant), for a conditional use permit for the sale of alcohol for off-site consumption in conjunction with the proposed grocery store, for a tentative parcel map to reconfigure and parcelize the remaining planning areas and park sites in the specific plan area, for a tentative tract map to subdivide the retail center, and to amend the Arboretum Specific Plan Development Agreement to reflect modified land uses in the specific plan, pursuant to an Addendum to the Arboretum Specific Plan Environmental Impact Report.
End
RECOMMENDATION:
Based on information on the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution No. PC 2026-___ and forward a recommendation to the City Council to adopt the following:
1. A Resolution adopting the Addendum to the Arboretum Specific Plan Environmental Impact Report (SCH No. 2006071109) and direct staff to file a Notice of Determination;
2. A Resolution approving General Plan Amendment (GPA) No. 23-000002;
3. Adopt an Ordinance approving Specific Plan Amendment (SPA) No. 23-000002;
4. Adopt a Resolution approving Tentative Tract Map No. 20646 (TTM No. 26-0006);
5. Adopt a Resolution approving Tentative Parcel Map No. 20851 (TPM No. 23-000008);
6. Adopt a Resolution approving Design Review (DRP) No. 23-000011;
7. Adopt a Resolution approving Conditional Use Permit (CUP) No. 23-000004; and,
8. Adopt an Ordinance approving Development Agreement No. 23-000012.
APPLICANT:
Specific Plan Amendment:
Daniel Wozniak
North Fontana Investment Company
1156 North Mountain Avenue
Upland, CA 91786
Commercial Center:
Rick Manners
Lewis Retail
1156 North Mountain Avenue
Upland, CA 91786
LOCATION:
Specific Plan Amendment: Arboretum Village (approximately 72 acres) and Resort Village (approximately 159.5 acres) of the Arboretum Specific Plan area - generally bound by Grapeland Street to the north, Casa Grande Avenue to the south, Sierra Avenue to the east and Citrus Avenue to the west.
New commercial center: Northwest corner of Sierra Avenue and Terra Vista Drive (APN: 0239-081-52)
REQUEST:
Master Case (MCN) No. 23-000034 & Master Case (MCN) No. 23-000044: General Plan Amendment (GPA) No. 23-000002, Specific Plan Amendment (SPA) No. 23-000002, Tentative Tract Map No. 20646 (TTM No. 26-0006), Tentative Parcel Map No. 20851 (TPM No. 23-000008) & Design Review (DRP) No. 23-000011, Conditional Use Permit (CUP) No. 23-00005, & Development Agreement No. 23-000012 - A request to amend the General Plan land use designation for an approximately 9.3-acre site located at the northwest corner of Sierra Avenue and Terra Vista Drive (APN: 0239-081-52) from Residential Planned Community (R-PC) to General Commercial (C-G), to amend the Arboretum Specific Plan to modify allowed land uses and reconfigure planning areas and park sites, for site and architectural review of a proposed commercial center consisting of 69,617 square feet of commercial development (49,362 square foot grocery store with a 13,017 square foot inline shop building, 9,544 square foot pad building, and a 3,694 square foot drive thru restaurant), for a conditional use permit for the sale of alcohol for off-site consumption in conjunction with the proposed grocery store, for a tentative parcel map to reconfigure and parcelize the remaining planning areas and park sites in the specific plan area, for a tentative tract map to subdivide the retail center, and to amend the Arboretum Specific Plan Development Agreement to reflect modified land uses in the specific plan
PROJECT PLANNER:
Cecily Session-Goins, Associate Planner
BACKGROUND INFORMATION:
History:
• The Arboretum Specific Plan was adopted on October 14, 2009.
• The Arboretum Specific Plan was amended on November 8, 2016 to modify the residential designation of the Meadows planning area from multi-family residential to single-family residential.
• The Arboretum Specific Plan was amended on June 22, 2021 to allow a density transfer within the Gardens planning area and to modify development standards.
PROJECT DESCRIPTION:
The proposed project is an amendment to the General Plan land use designation for an approximately 9.3-acre site located at the northwest corner of Sierra Avenue and Terra Vista Drive from Residential Planned Community (R-PC) to General Commercial (C-G), an amendment to the Arboretum Specific Plan to modify allowed land uses and reconfigure planning areas and park sites, and a tentative parcel map to reconfigure and parcelize the remaining planning areas in the specific plan area. Additionally, the project includes site and architectural review of a proposed commercial center consisting of 69,617 square feet of commercial development, for a conditional use permit for alcohol sales in conjunction with the proposed grocery store and for a tentative parcel map to subdivide the retail center. The project also includes a request for an amendment to the Arboretum Specific Plan Development Agreement to reflect modified land uses in the specific plan.
ANALYSIS:
The applicant is requesting that the Planning Commission review and forward a recommendation of approval to the City Council for a general plan amendment specific plan amendment, tentative tract map, tentative parcel map, design review, conditional use permit, and development agreement amendment.
General Plan Amendment (GPA) No. 23-000002:
The current general plan land use designation of Residential Planned Community (R-PC) for the proposed retail center site does not allow the proposed land use. The project would amend the general plan land use designation of R-PC to General Commercial (C-G) to accommodate the proposed development of a retail center.
Additionally, the change to the General Plan land use designation is supported by General Plan goals, as seen below:
Chapter 13, Goal 3: Plan Fontana as a “complete community” with a balance of diverse neighborhoods, amenities, services, and infrastructure that supports a qualified workforce and attracts business. The applicant is proposing to construct a new retail center, which will provide amenities and services to residents in and around the Arboretum Specific Plan area.
Additionally, the retail center will promote business attraction with a range of retail, restaurant and service businesses.
Specific Plan Amendment (SPA) No. 23-000002:
The applicant is requesting to amend the Arboretum Specific Plan land uses and map to facilitate the development of a retail center. The amendment will include general commercial land uses at the northwest corner of Sierra Avenue and Terra Vista Avenue that previously had a residential designation. Additionally, the amendment will redistribute residential units allocated to the proposed commercial area to other undeveloped planning areas and modify the planning area and recreational amenity map.
Tentative Tract Map No. 20646 (TTM No. 26-0006):
The applicant is requesting a tentative tract map to parcelize the remaining undeveloped planning areas of the Arboretum Specific Plan. The tentative map will be parcelized to reflect the updated street and planning area layout as indicated in modified Arboretum Specific Plan. The map will facilitate future residential, commercial and recreational development in the undeveloped areas of the Arboretum Specific Plan.
Tentative Parcel Map No. 20851 (TPM No. 23-000008)
The applicant is proposing to parcelize the area of the proposed retail center for ownership purposes, as is typical for retail center developments. The parcels will meet the minimum size and dimension requirements from the Zoning and Development Code. Reciprocal access easements will be required among the parcels to allow open circulation throughout the site/among the parcels. The parcels being created are of a sufficient size for the proposed commercial buildings, parking, landscaping, and other onsite improvements.
Design Review No. 23-000011:
Project Data:
A. Site Area: 9.2 acres
B. Building Analysis:
Anchor Building (Grocery Store): 49,362 square feet
Inline Shops: 13,017 square feet
Pad Shops: 9,544 square feet
Drive-Restaurant: 3,694 square feet
Total: 69,617 square feet
C. Parking Analysis:
Vehicle Spaces Required: 477 spaces
Vehicle Spaces Provided: 477 spaces
D. Landscape Area
Minimum Required: 15%
Proposed: 18.2%
Site Plan and Architecture:
The proposed retail center consists of a 49,362 square foot anchor building, 13,017 square foot inline shops building, 9,544 square foot pad shops building and a 3,694 square foot drive-thru restaurant. An additional parcel will be developed at a later date and will remain vacant and fenced until a proposed development has been entitled and permitted.
The proposed buildings feature the Santa Barbara architecture with an exterior white and neutral color palette, black metal wall sconces, and clay tile roof materials. Spanish tile, arches, metal window awnings, stone will be used as accents throughout all buildings and will exemplify the architectural style. Development of the vacant parcel will be required to incorporate all architectural elements to be consistent with and complimentary to the other building in the retail center.
Associated on-site improvements include landscaping, paving (including decorative pavers at driveways), and bicycle and vehicle parking as part of the development. Landscaping will be enhanced around the corner of Sierra Avenue and Terra Vista Drive to heavily screen the drive-thru lane and to create an entry statement for the commercial development.
Grading/Walls:
The site is vacant and undeveloped. The grade slopes gradually from north to south. Site walls will be constructed on the northern and western property lines to separate the site from future residential development. The drive-thru restaurant at the southeastern portion of the site will be screened from view from the public right-of-way with landscaping and low decorative walls, as required by the Zoning and Development Code. The remainder of the property lines will not incorporate fences or walls.
Site Access/Circulation/Parking:
Site access will be provided from Sierra Avene and Terra Vista Drive. Two driveways for vehicular traffic will be provided on Terra Vista Drive and on Sierra Avenue. While the retail center site will be parcelized for ownership purposes, circulation will be provided throughout the site for vehicles and pedestrians. Pedestrian path of travel throughout the site will be provided through marking crossings and sidewalks. Additionally, a paved path with landscaping and trellises will be provided east and west through the central portion of the site leading to the grocery store.
The project site is physically suitable in size and shape to support the development of the proposed commercial project. Applicable building codes, fire codes and standards will be met and will make for a safe, attractive, and well-designed project. The project design incorporates safety measures for automobiles and pedestrians in the areas.
Conditional Use Permit No. 23-000004:
The applicant is requesting the review and approval of a conditional use permit for a new Alcoholic Beverage Control (ABC) License Type 21 (Off-Sale, General) for the sale of alcohol for off-site consumption in connection with the grocery store in the proposed project. According to the floor plan, alcohol products will be displayed in both refrigerated and regular shelves in the grocery store.
In addition to the City of Fontana’s Zoning and Development Code requirements, staff has reviewed the subject location in particular consideration to the physical relationship and proximity of the proposed use to that of similar uses in the surrounding neighborhood. Staff found that there are no existing sensitive receptors within 600 feet of the proposed grocery store that is requesting to sell alcohol.
Finding of “Public Convenience or Necessity”
According to the California State Department of ABC, a total of two (2) off-sale license are allowed within Census Tract No. 27.09 before being categorized as over-concentrated. Staff identified five (5) existing off-sale establishments within the census tract, which is depicted on the table below. New license may be issued by ABC where a tract is over-concentrated, provided that a finding of public convenience of necessity mis made by the local jurisdiction. A census tract information matrix is attached. The approval of this application will allow the off-sale of beer, wine and distilled spirits.
The Planning Commission may recommend that the City Council find that this application would be considered a “public benefit” and therefore meets the definition of Public Convenience and Necessity. The finding of Public Convenience and Necessity can further be met if a large number of the general population chooses to obtain alcohol within walking distance.
The grocery store would provide an additional off-site alcohol consumption retail location for the residents who live in the Arboretum and Sierra Crest residential areas. Additional residential development is anticipated in both Arboretum and Sierra Crest, and the proposed grocery store and associated alcohol sales will provide convenience to those residents as well.
Development Agreement No. 23-000012:
A development agreement was approved for the Arboretum Specific Plan in 2009 and was amended in 2016 and 2021. Development agreements are discretionary actions allowed by State law with several basic functions. This agreement vests the right of the applicant to develop the property per the Arboretum Specific Plan and limits the City’s ability to amend the Specific Plan without consent of the applicant. This development agreement was updated to reflect the updated land uses for this project area and applicable construction fee credits.
Environmental Review Finding:
Pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines an Addendum to the Arboretum Specific Plan Program Environmental Impact Report (State Clearinghouse [SCH] No. 2006071109) has been prepared for this proposed project. The aforementioned EIR was adopted by the City Council on September 23, 2009, and it adequately identified any potential impacts associated with this project. This Addendum determined that there are no new additional impacts beyond what was anticipated in the EIR mentioned above.
The Final Arboretum Specific Plan Program EIR (SCH No. 2006071109) and the Addendum are posted on the City’s website. The Arboretum Specific Plan EIR can be found at <https://www.fontanaca.gov/1278/Arboretum-Specific-Plan>. The Addendum to the Arboretum EIR can be found at <https://www.fontanaca.gov/2137/Environmental-Documents>.
MOTION:
Approve staff’s recommendation
ATTACHMENTS:
Attachment No. 1 - Vicinity Map
Attachment No. 2 - General Plan Amendment Exhibit Project Plans
Attachment No. 3 - Revised Specific Plan Document
Attachment No. 4 - Tentative Tract Map
Attachment No. 5 - Retail Center Project Plans
Attachment No. 6 - Draft Development Agreement Amendment
Attachment No. 7- Planning Commission Resolution
Attachment No. 8 - Notice of Determination
Attachment No. 9 - Public Hearing Notice