FROM:
Development Services
SUBJECT:
Title
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858 EXTENDING THE 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 ENTITLEMENT OR PERMIT, OR REGULATORY LICENSE OR PERMIT REQUIRED TO COMPLY WITH THE PROVISIONS OF THE MUNICIPAL CODE OR SPECIFIC PLAN FOR SERVICE BASED, NON-ENTERTAINMENT USES FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS.
End
RECOMMENDATION:
Recommendation
Waive the reading of the text in its entirety, read by title only, and adopt Ordinance No.1924, “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858 EXTENDING 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 ENTITLEMENT OR PERMIT, OR REGULATORY LICENSE OR PERMIT REQUIRED TO COMPLY WITH THE PROVISIONS OF THE MUNICIPAL CODE OR SPECIFIC PLAN FOR SERVICE BASED, NON-ENTERTAINMENT USES FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS”
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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.
• Preserve the local environment for generations to come and to create a healthy economic and environmental future by creating communities and neighborhoods that are attractive, safe, and convenient for walkers and bicyclists.
• Preserve To preserve the local environment for generations to come and to create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.
DISCUSSION:
The City Council will consider a ten (10) month and fifteen (15) day extension of Urgency Ordinance No. 1922, which placed a moratorium on issues and approvals of any building permit, occupancy permit, conditional use permit, variance, subdivision map or other land use entitlement or permit; regulatory license or permit required to comply with the provisions of the City’s Municipal Code or a Specific Plan for “Service based, Non Entertainment Uses” in the primary corridors of Sierra Avenue (from I-10 Freeway and Arrow Boulevard, and between Foothill Boulevard and the I-210 Freeway), and Foothill Boulevard (from Cherry Avenue to Maple Avenue), to allow the City to study its General Plan, Municipal Code or other amendments to local regulations. Additionally, this extension will modify Ordinance No. 1922 by reducing the moratorium boundary from four hundred (400) feet -to three hundred (300) feet from the center line of Sierra Avenue between the I-10 Freeway and Arrow Boulevard, and between Foothill Boulevard and the I-210 Freeway (Sierra Avenue corridor), and on any property within three hundred (300) feet from the center line of Foothill Boulevard between Cherry Avenue and Maple Avenue (Foothill Boulevard corridor). Furthermore, the extension will modify Ordinance No. 1922 to exempt, (a) any lawful use that existed at the time of the adoption of Ordinance No. 1922 or thereafter which has ceased operation for no longer than the period set forth in sections 30-357 and 30-351 of the Fontana Municipal Code, or (b) any use set forth in Section 3 herein, which is not the primary use within any business (i.e., a use that constitutes less than fifty (50) percent of floor area and gross sales receipt).
On November 13, 2018, the City adopted its most recent General Plan which detailed the goals and objectives for the City over the next twenty (20) years. In Chapter 14 -Downtown- the City set forth its intention to create a regional hub of the downtown area for dining, shopping and entertainment purposes to attract local and regional visitors. As the main thoroughfares to downtown, Sierra Avenue corridor and Foothill Boulevard corridor, funnel these visitors to the area and promote economic growth to the downtown area, and the City in general.
Pursuant to Government Code section 65858, the extension of this moratorium ordinance, Urgency Ordinance No. 1922, continues the 45-day moratorium placed on service based, non-entertainment uses for the two economic corridors by a period of ten (10) months and fifteen (15) days. If adopted, this moratorium extension will continue the pause on approval of service based, non-entertainment uses for the two corridors to allow the City time to study and consider potential amendments to the General Plan or Municipal Code to address the standards, process, and potential impacts of such uses.
During the moratorium extension, the City will not authorize or issue any use permit, variance, building permit, business license, or other applicable entitlement or approach for the service based, non-entertainment uses and activity.
The moratorium extension requires a four-fifths vote of the City Council to pass. If adopted, the moratorium will take effect on September 8, 2023 and extend to July 23, 2024. Subsequent to this extension, the City may extend the moratorium by adoption of one additional extension ordinance, for a total moratorium life of 24 months.
During the ten (10) month and fifteen (15) day extension of the moratorium, the City will study potential amendments to the General Plan, any specific plan, the Fontana Municipal Code and/or any other governing document(s) or policy(ies) related to service-based, non-entertainment uses and activity.
Pursuant to the Urgency Ordinance, a 10-day report has been prepared and made available for public inspection.
ENVIRONMENTAL ANALYSIS
An extension of the Urgency Ordinance qualifies for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and it prevents changes in the environment pending the completion of zoning code revisions and related impact studies.
FISCAL IMPACT:
Speculative loss of land use application, and permit and license issuance, fees and revenues by the City; and speculative loss of sales and property tax revenue due to any delay in development or improvement in property related to the moratorium.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
1. Proposed Ordinance Extending the Moratorium
2. Ordinance 1922
3. 10 Day Report