FROM:
Planning Department
TITLE:
Title
Planning Commission Determination of General Plan Consistency.
End
RECOMMENDATION:
Staff recommends that the Planning Commission consider the location, purpose, and
extent of the proposed real property acquisition described herein as required under Government Code Section 65402(c) and adopt Resolution No. PC 2023- ___ finding that the proposed sale is in conformance with the City’s General Plan and making CEQA findings pursuant to Public Resources Code Section 21166.
APPLICANT:
City of Fontana
LOCATION:
8353 Sierra Avenue
Fontana, CA 92335
REQUEST:
Determination by the Planning Commission that the sale of the property described herein is consistent with the goals and policies of the City of Fontana General Plan.
PROJECT PLANNER:
Salvador Quintanilla, Senior Planner
BACKGROUND INFORMATION:
Government Code section 65402 (attached) provides that a local agency’s acquisition or disposal of real property shall be submitted to and reported upon by the planning agency with respect to conformity with the adopted general plan.
PROJECT DESCRIPTION:
The City intends to sell certain parcels for the development of affordable multi-family housing. The parcels are identified as portions of Assessor’s Parcel Numbers 0255-101-22 and 0255-101-23.
ANALYSIS:
City has been in negotiations with Fontana Courtplace I Housing Partners, L.P., a California limited partnership (the “Developer”) regarding the sale and purchase of that certain property 1.94 acres of unimproved land located on Sierra Avenue, between Santa Ana Avenue to the north and Jurupa Avenue to the south (assessor parcel numbers 0255-101-22-0-000 and 0255-101-23-0-000). The Property will be sold by the City by entering into a Disposition and Development Agreement (DDA) with the Developer whereby Developer will develop the property into a 50 unit affordable family apartment rental housing project. The DDA provides that of the 50 unit affordable family-apartment units, all but the manager unit, will be low, very low or extremely low income units.
Government Code section 65402 (attached) provides that the City’s disposal of the real property shall be submitted to and reported upon by the planning agency with respect to conformity with the adopted general plan.
General Plan Consistency
The General Plan land use designation for the subject property is Walkable Mixed-Use Downtown and Corridors (WMXU-1). The General Plan Walkable Mixed-Use Downtown and Corridors land use includes opportunities for a combination of commercial development and well-designed multi-family housing to support that development. Also, this land use category is intended to provide for the creation of areas that allow residents and visitors to walk, bike, and take transit to other uses for work, study, shopping, entertainment, recreation, and civic activities, and to provide compact residential development within walking distance of planned public transit stops and neighborhood shopping areas. Uses include a variety of medium- to high-density residential types, retail and services, office, entertainment, education, civic, and open space. Land uses designated Transitional District within the Form Based Code designation within the Zoning and Development Code and thus deemed consistent with the Walkable-Mixed Used Downtown Corridor General Plan designation include residential (permitted), public facility (minor use permit) and commercial development (permitted). Therefore, the intended multi-family use is considered consistent with the General Plan’s Walkable Mixed-Use Downtown and Corridors (WMXU-1) for the site.
The General Plan’s Land Use, Zoning, and Urban Design element further supports a consistency finding for the acquisition of the property. Goal No. 2 within the Land Use, Zoning, and Urban Design element is supportive of the consistency finding and states “Goal No. 2: Fontana development patterns support a high quality of life and economic prosperity.”
City has been in negotiations with Fontana Courtplace I Housing Partners, L.P., a California limited partnership (the “Developer”) regarding the sale and purchase of that certain property 1.94 acres of unimproved land located on Sierra Avenue, between Santa Ana Avenue to the north and Jurupa Avenue to the south (assessor parcel numbers 0255-101-22-0-000 and 0255-101-23-0-000). The Property will be sold by the City by entering into a Disposition and Development Agreement (DDA) with the Developer whereby Developer will develop the property into a 50 unit affordable family apartment rental housing project. The DDA provides that of the 50 unit affordable family-apartment units, all but the manager unit, will be low, very low or extremely low income units.
Government Code section 65402 (attached) provides that the City’s disposal of the real property shall be submitted to and reported upon by the planning agency with respect to conformity with the adopted general plan.
General Plan Consistency
The General Plan land use designation for the subject property is Walkable Mixed-Use Downtown and Corridors (WMXU-1). The General Plan Walkable Mixed-Use Downtown and Corridors land use includes opportunities for a combination of commercial development and well-designed multi-family housing to support that development. Also, this land use category is intended to provide for the creation of areas that allow residents and visitors to walk, bike, and take transit to other uses for work, study, shopping, entertainment, recreation, and civic activities, and to provide compact residential development within walking distance of planned public transit stops and neighborhood shopping areas. Uses include a variety of medium- to high-density residential types, retail and services, office, entertainment, education, civic, and open space. Land uses designated Transitional District within the Form Based Code designation within the Zoning and Development Code and thus deemed consistent with the Walkable-Mixed Used Downtown Corridor General Plan designation include residential (permitted), public facility (minor use permit) and commercial development (permitted). Therefore, the intended multi-family use is considered consistent with the General Plan’s Walkable Mixed-Use Downtown and Corridors (WMXU-1) for the site.
The General Plan’s Land Use, Zoning, and Urban Design element further supports a consistency finding for the acquisition of the property. Goal No. 2 within the Land Use, Zoning, and Urban Design element is supportive of the consistency finding and states “Goal No. 2: Fontana development patterns support a high quality of life and economic prosperity.”
CEQA
Pursuant to the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (“CEQA”), and the State CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.) the City determined that a Mitigated Negative Declaration (MND) be prepared in order to analyze all potential adverse environmental impacts of a proposed multi-level residential affordable apartment project with associated green space, community gathering areas, vehicle parking, landscaping, and security fencing on the approximately 4.8-acres of land (“Courtplace Project”). The City prepared and adopted the Courtplace Project MND on November 1, 2022 for the Courtplace Project.
Pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an MND has been adopted, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines Section 15162 require additional environmental review. Staff evaluated the proposed finding that the intent to sell the property is consistent with the General Plan in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166, State CEQA Guidelines section 15162 and City of Fontana’s 2019 Local Guidelines for Implementing CEQA and found that no further environmental review was required by CEQA
All environmental impacts of the Courtplace Project and General Plan conformance determination have been addressed within the MND. The Planning Commission finds that no new or additional mitigation measures or alternatives are required. The Planning Commission further finds that there is no substantial evidence in the administrative record supporting a fair argument that the General Plan conformance determination may result in any significant environmental impacts beyond those analyzed in the MND and, as a result not further environmental review is required by CEQA.
CONCLUSION:
Based on the General Plan and Zoning criteria cited above, staff concludes that acquisition of the subject property for multi-family purposes is consistent with the City of Fontana General Plan.
MOTION:
Approve Staff’s Recommendation
ATTACHMENTS:
Attachment No. 1: Location Map
Attachment No. 2: Planning Commission Resolution PC 2023-
Attachment No. 3: Government Code Section 65402(c)