FROM:
Planning Department
SUBJECT:
Title
Master Case No. 23-098 and Municipal Code Amendment No. 23-001 - Amendment to Fontana Municipal Code Chapter 9 to modify Article V (Industrial Commerce Centers Sustainability Standards), Section 9-71(f), pursuant to a categorical exemption in accordance with CEQA Guidelines section 15060(c), 15061(b)(3), 15307 and 15308.
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RECOMMENDATION:
Recommendation
1. Determine that this Ordinance is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(b)(3) (the common-sense exemption), and Section No. 3.22 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, alternatively, pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment), and Section No. 3.22 of the 2019 Local Guidelines for Implementing of CEQA, as implementation of this ordinance is to improve the environment; and,
2. Read by title only and waive further reading of and introduce Ordinance No. 1937, an Ordinance of the City Council of the City of Fontana approving Master Case No. 23-098 and Municipal Code Amendment No. 22-001 to amend Chapter 9 of the Municipal Code to modify Article V (Industrial Commerce Centers Sustainability Standards), Section 9-71(f) to prohibit loading docks, truck entries, and truck drive aisles from abutting adjacent sensitive receptors to; 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.
DISCUSSION:
The City of Fontana Municipal Code regulates the development of commercial, industrial, and residential projects. Staff conducts ongoing reviews of the municipal code to determine where language within the code would benefit from updates, clarification, and/or redefinition to help streamline zoning and development processes. The City Council recently took action related to a proposed industrial commerce center development evidencing their intent to protect abutting adjacent sensitive receptors from truck loading docks, truck entries, and truck drive aisles.
The City has initiated this Municipal Code Amendment (MCA No. 23-001) to Chapter 9 of the Municipal Code to modify Article V (Industrial Commerce Centers Sustainability Standards). The proposed amendment clarifies the City Council’s intent to restrict truck entries, drive aisles, and loading docks from being located adjacent to sensitive receptors as identified within Exhibit “A” of the City Council Ordinance (Attachment No. 1) and as seen below:
Section 9-71(f) (Buffering and screening/adjacent uses):
Loading docks shall be oriented away from nearby sensitive receptors. Loading docks, truck entries, and truck drive aisles shall not abut adjacent sensitive receptors. Unless physically impossible, loading docks and truck entries shall be oriented away from abutting sensitive receptors. To the greatest extent feasible, loading docks, truck entries, and truck drive aisles shall be located away from nearby sensitive receptors. In making feasibility decisions, the city must comply with existing laws and regulations and balance public safety and the site development's potential impacts to nearby sensitive receptors. Therefore, loading docks, truck entries, and drive aisles may be located nearby sensitive receptors at the discretion of the planning director, but any such site design shall include measures designed to minimize overall impacts to nearby sensitive receptors.
FISCAL IMPACT:
None.
MOTION:
Approve staff’s recommendation.