Fontana — 2023-07-25

AA. Levy of a Special Tax in Community Facilities District No. 21-2345\n95 (Summit @ Rosena Phase 2) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-076, Authorizing the Levy of Special Tax in\nCommunity Facilities District No. 95 (Summit @ Rosena Phase 2) for Fiscal\nYear 2023-2024.

B. Adoption of Ordinance No. 1916 (Second Reading) 21-2317\nSecond Reading / Ordinance No. 1916, an Ordinance of the City Council of\nthe City of Fontana, approving Zoning District Map Amendment (Zone\nChange) No. 21-007, to amend the Zoning District Map changing the Zoning\nDesignation for APNs: 0239-151-19, -25, -26, and -36 from General\nCommercial (C-2) and Multi Family High Residential (R-5) to Light Industrial\n(M-1) for approximately 19.0 acres located south of Duncan Canyon Road\nand east of Sierra Avenue, and that the reading of the title constitutes the\nfirst reading thereof.

C. Adoption of Ordinance No. 1917 (Second Reading) 21-2318\nSecond Reading of Ordinance No. 1917, an Ordinance of the City Council of\nthe City of Fontana, approving Development Agreement No. 22-007 (Acacia\nReal Estate Group, Inc.)

D. Approve the purchase of Three (3) Sewer Pumps for the 21-2308\nfuture Tamarind Lift Station Reconstruction Project.\n1. Authorize the Sole Source purchase of the Flygt Sewer Pumps and\naccessories from Xylem Water Solutions USA, Inc. in the amount of\n$137,775 plus applicable sales tax for the Tamarind Lift Station.\n2. Approve Public Works Department to continue standardizing the Flygt\nPumps for the City’s Sewer Lift Stations.

E. Police Department Donations Jan-June 2023 21-2312\nAccept monetary and gift donations from multiple donors including\ncommunity programs, businesses, and citizens.

F. Measure I Five Year Local Street Capital Improvement 21-2313\nProgram Amendment and Annual Adoption\nAdopt Resolution No. 2023-056, approving an amendment to the Fiscal\nYears 2022/2023 - 2026/2027 Measure I Five Year Local Street Capital\nImprovement Program (CIP) and adopting the Measure I Five Year Local\nStreet Capital Improvement for Fiscal Years 2023/2024 - 2027/2028.

G. Police Department Monthly Information Update 21-2321\nAccept the Police Department monthly information update for June 2023.

H. Fontana Art Association General Cooperative Operating 21-2327\nAgreement\n1. Approve a one-year extension of the Art Association General Cooperative\nOperating Agreement between the Fontana Art Association (FAA) and the\nCity of Fontana to operate the Koehler Gallery and provide cultural arts\nopportunities.\n2. Authorize the City Manager or designee to sign the agreement, all related\ndocuments, and any amendments for the term of the agreement.

I. Levy of a Special Tax in Community Facilities Districts 21-2324\n(Maintenance) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-057, Authorizing the Levy of a Special Tax\nwithin Community Facilities Districts (Maintenance) for Fiscal Year\n2023-2024.

J. Levy of a Special Tax in Community Facilities District No. 7 21-2328\n(Country Club Estates) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-058, of the City Council of the City of Fontana,\nCalifornia, authorizing the Levy of a Special Tax in Community Facilities\nDistrict No. 7 (Country Club Estates) for Fiscal Year 2023-2024.

K. Levy of a Special Tax in Community Facilities District No. 21-2329\n11 (Heritage West End) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-059, of the City Council of the City of Fontana,\nCalifornia, authorizing the Levy of a Special Tax in Community Facilities\nDistrict No. 11 (Heritage West End) for Fiscal Year 2023-2024.

L. Levy of a Special Tax in Community Facilities District No. 21-2330\n12 (Sierra Lakes) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-060, of the City Council of the City of Fontana,\nCalifornia, authorizing the Levy of a Special Tax in Community Facilities\nDistrict No. 12 (Sierra Lakes) for Fiscal Year 2023-2024.

M. Levy of a Special Tax in Community Facilities District No. 21-2331\n22 (Sierra Hills South) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-061, of the City Council of the City of Fontana,\nCalifornia, authorizing the Levy of a Special Tax in Community Facilities\nDistrict No. 22 (Sierra Hills South) for Fiscal Year 2023-2024.

N. Levy of a Special Tax in Community Facilities District No. 21-2332\n31 (Citrus Heights North) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-062, of the City Council of the City of Fontana,\nCalifornia, authorizing the Levy of a Special Tax in Community Facilities\nDistrict No. 31 (Citrus Heights North) for Fiscal Year 2023-2024.

O. Levy of a Special Tax in Community Facilities District No. 21-2333\n37 (Montelago) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-063, of the City Council of the City of Fontana,\nCalifornia, authorizing the Levy of Special Tax in Community Facilities District\nNo. 37 (Montelago) for Fiscal Year 2023-2024.

P. Levy of a Special Tax in Community Facilities District No. 21-2334\n70 (Avellino) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-064, of the City Council of the City of Fontana,\nCalifornia, authorizing the Levy of Special Tax in Community Facilities District\nNo. 70 (Avellino) for Fiscal Year 2023-2024.

Q. Levy of a Special Tax in Community Facilities District No. 21-2335\n71 (Sierra Crest) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-065, Authorizing the Levy of Special Tax in\nCommunity Facilities District No. 71 (Sierra Crest) for Fiscal Year 2023-2024.

R. Levy of a Special Tax in Community Facilities District No. 21-2336\n74B and 74M (Citrus/Summit) for Fiscal Year 2023-2024.\n1. Adopt Resolution No. 2023-066, Authorizing the Levy of a Special Tax in\nCommunity Facilities District No. 74B (Citrus/Summit) for Fiscal Year\n2023-2024.\n2. Adopt Resolution No. 2023-067, Authorizing the Levy of a Special Tax in\nCommunity Facilities District No. 74M (Citrus/Summit) for Fiscal Year\n2023-2024.

S. Levy of a Special Tax in Community Facilities District No. 21-2337\n80 (Bella Strada) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-068, Authorizing the Levy of Special Tax in\nCommunity Facilities District No. 80 (Bella Strada) for Fiscal Year 2023-2024.

T. Levy of a Special Tax in Community Facilities District No. 21-2338\n81 (Gabriella) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-069, Authorizing the Levy of Special Tax in\nCommunity Facilities District No. 81 (Gabriella) for Fiscal Year 2023-2024.

U. Levy of a Special Tax in Community Facilities District No. 21-2339\n85 (The Meadows) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-070, Authorizing the Levy of Special Tax in\nCommunity Facilities District No. 85 (The Meadows) for Fiscal Year\n2023-2024.

V. Levy of a Special Tax in Community Facilities District No. 21-2340\n86 (Etiwanda Ridge) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-071, Authorizing the Levy of Special Tax in\nCommunity Facilities District No. 86 (Etiwanda Ridge) for Fiscal Year\n2023-2024.

W. Levy of a Special Tax in Community Facilities District No. 21-2341\n87 (El Paseo) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-072, Authorizing the Levy of Special Tax in\nCommunity Facilities District No. 87 (El Paseo) for Fiscal Year 2023-2024.

X. Levy of a Special Tax in Community Facilities District No. 21-2342\n88 (Sierra Crest II) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-073, Authorizing the Levy of Special Tax in\nCommunity Facilities District No. 88 (Sierra Crest II) for Fiscal Year\n2023-2024.

Y. Levy of a Special Tax in Community Facilities District No. 21-2343\n89 (Belrose) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-074, Authorizing the Levy of Special Tax in\nCommunity Facilities District No. 89 (Belrose) for Fiscal Year 2023-2024.

Z. Levy of a Special Tax in Community Facilities District No. 21-2344\n90 (Summit @ Rosena Phase 1) for Fiscal Year 2023-2024.\nAdopt Resolution No. 2023-075, Authorizing the Levy of Special Tax in\nCommunity Facilities District No. 90 (Summit @ Rosena Phase 1) for Fiscal\nYear 2023-2024.

A. Third Combined General Plan Amendments and Projects 21-2227\nfor the 3rd General Plan Cycle of 2023; Part No. 1 -\nDowntown Core Project and associated Environmental\nImpact Report, and Part No. 2 - The Heights at Southridge\nProject and associated Addendum to the Southridge\nVillage Specific Plan Environmental Impact Report, and\nPart No. 3 - Citrus/Oleander Industrial Commerce Center\nProject and associated Environmental Impact Report.\nPart No. 1 - Downtown Core Project\nMaster Case No. 22-118: General Plan Amendment (GPA) No. 22-010\nand Zoning Code Amendment (ZCA) No. 22-010 - General Plan\nAmendments and Zoning Code update to implement the new Downtown\nCore, bordered by Foothill Blvd. to the north, Randall Avenue to the\nsouth, Juniper Avenue to the west, and Mango Avenue to the east, to\nallow higher density residential and mixed-use development along with\nthe ultimate creation of a pedestrian plaza in the Downtown area. The\nproposed General Plan and Zoning and Development Code\namendments include new land use districts and associated\ndevelopment standards promoting housing density and a vibrant\nDowntown with added residential development, amenities, attractive\narchitecture and commercial development. An Environmental Impact\nReport (EIR) was prepared for the project.\n1a) Adopt Resolution No. 2023-086, (Part No. 1 of General Plan\nAmendment cycle No. 3 of 2023,) a Resolution of the City Council of the City\nof Fontana certifying the Final Environmental Impact Report (FEIR), (State\nClearinghouse No. 2022110624), adopting a Statement of Overriding\nConsideration and a Mitigation Monitoring and Reporting Program and a\nStatement of Facts and Findings and directing staff to file a Notice of\nDetermination; approving General Plan Amendment No. 22-010 (Part No. 1\nof General Plan Amendment cycle No. 3 of 2023) amending the General\nPlan Land Use designation on approximately 478 acres from Walkable Mixed\nUse Corridor & Downtown (WMXU-1) and Residential Single Family (R-SF)\nto Walkable Mixed Use Downtown Core (WMXU-3) and modifying the text of\nChapter 9 (Community Mobility and Circulation) to reflect implementation of a\npedestrian plaza on Sierra Avenue, Chapter 14 (Downtown Area Plan) to\nestablish the goals and actions for the Downtown area and 15 (Land Use,\nZoning, and Urban Design) to establish the Walkable Mixed Use Downtown\nCore (WMXU-3); and,\n1b) Read by title only and waive further reading of and introduce Ordinance\nNo. 1923, an Ordinance of the City Council of the City of Fontana, approving\na Zoning Code Amendment (ZCA No. 22-010) establishing new zoning\ndistricts within the Downtown Core and amending the text of the Zoning and\nDevelopment Code to set development standards for the Downtown Core\narea.\nPart No. 2 - The Heights at Southridge Project\nMaster Case No. 22-084: General Plan Amendment No. 22-008, Specific\nPlan Amendment No. 22-004, Tentative Parcel Map No. 20565 (TPM No.\n22-018), Tentative Tract Map No. 20568 (TTM No. 22-007), Design Review\nNo. 22-043, and Administrative Site Plan No. 23-014 - Amendment of the\nsubject site’s land use designation for approximately 37.32 adjusted\ngross acres which includes five parcels; Site No. 1 from Recreational\nFacilities (P-R) to Medium Residential (R-M), Site No. 2 from Open\nSpace (OS) to Medium Density Residential (R-M), Site No. 3 from OS to\nGeneral Commercial (C-G), Site No. 4 from C-G to Public Facilities\n(P-PF), and Site No. 5 from OS to Residential Planned Community\n(R-PC) and proposed development of 255 condominium units (147\ndetached Cluster Homes units and 108 detached Stub Drive units), with\nvarious amenities and a public park within a 54 acre project area (37.32\nacre development site), and associated Addendum to the Southridge\nVillage Specific Plan Environmental Impact Report.\n2a) Adopt Resolution No. 2023-085, (Part No.2 of General Plan Amendment\nCycle No. 3 of 2023,) a Resolution of the City Council of the City of Fontana\napproving an Addendum to the Southridge Village Specific Plan\nEnvironmental Impact Report No. 81-3 (State Clearinghouse [SCH] No.\n81052210) for The Heights at Southridge Project pursuant to Sections 15162\nand 15164 of the California Environmental Quality Act (CEQA) Guidelines\nand Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines and\ndirecting staff to file a Notice of Determination; approving General Plan\nAmendment No. 22-008 (Part No. 2 of General Plan Amendment cycle No. 3\nof 2023) amending the General Plan Land Use designation on approximately\n58 adjusted gross acres (APNs: 0237-411-13, -14, and -27, 0237-201-27,\n0237-441-01 through -19) including Site No. 1 from Recreational Facilities\n(P-R) to Medium Residential (R-M), Site No. 2 from Open Space (OS) to\nMedium Density Residential (R-M), Site No. 3 from OS to General\nCommercial (C-G), Site No. 4 from C-G to Public Facilities (P-PF), and Site\nNo. 5 from OS to Residential Planned Community (R-PC); approving Specific\nPlan Amendment No. 22-004 to amend Planning Area 56 from Bird Farm\n(BF). Planning Area 66A from Quarry (Q) to Entry Estates/Duplex, which is a\nMedium Density Residential land use category with a maximum density of 8\ndwelling units per acre for approximately 37.32 acres, and modifying the\ndevelopment standards within the Medium Density Residential Zoning\nDistrict, located south of Village Drive and east of Live Oak Avenue;\napproving Tentative Parcel Map No. 20565 (TPM No. 22-018) to subdivide\ntwo existing parcels into four parcels; approving Tentative Tract Map No.\n20568 (TTM No. 22-007) to divide one existing lot into 255 lots for\ncondominium purposes; and approving Design Review No. 22-043 and\nAdministrative Site Plan No. 23-014 for site and architectural review for the\ndevelopment of 255 condominium units (147 detached Cluster Homes units\nand 108 detached Stub Drive units) and associated amenities and a the\ndevelopment of a park site within a 37.32-acre site and associated\nimprovements, respectively and subject to the Conditions of Approval; and,\nPart No. 3 - Citrus/Oleander Industrial Commerce Center Project\nMaster Case No. 21-053, Master Case No. 22-053: General Plan\nAmendment (GPA) No. 22-004, Zoning District Map Amendment (Zone\nChange) No. 22-005, Specific Plan Amendment (SPA) No. 22-002,\nDevelopment Agreement (DA) No. 23-005, Tentative Parcel Map No.\n20709 (TPM No. 22-009) (Building No. 1), Design Review (DRP) No.\n22-029 (Building No. 1), Tentative Parcel Map 20708 (TPM No. 22-030)\n(Building No. 2), Design Review No. 22-061 (Building No. 2), Tentative\nParcel Map 20707 (TPM No. 22-031) (Building No. 3), Design Review No.\n22-062 (Building No. 3) - Amendment of the subject site’s land use\ndesignation for approximately 29.4 adjusted gross acres (inclusive of a\nfive-acre parcel that does not include development) from Residential\nPlanned Community (R-PC) and Multiple-Family Medium/High\nResidential (R-MFMH) to General Industrial (I-G) and proposed site and\narchitectural design for the development of three (3) industrial\ncommerce center buildings totaling approximately 540,849 square feet,\nand associated Final Environmental Impact Report (EIR).\n3a) Adopt Resolution No. 2023-087, (Part No. 3 of General Plan\nAmendment cycle No. 3 of 2023,) a Resolution of the City Council of the City\nof Fontana certifying the Final Environmental Impact Report (FEIR), (State\nClearinghouse No. 2022110389), adopting a Statement of Overriding\nConsideration, a Mitigation Monitoring and Reporting Program, and a\nStatement of Facts and Findings, and directing staff to file a Notice of\nDetermination; approving General Plan Amendment No. 22-004 (Part No. 3\nof General Plan Amendment cycle No. 3 of 2023) amending the General\nPlan Land Use designation on approximately 29.4 adjusted gross acres\n(APNs 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and\n-32, and 0255-021-17, -18, -22, -23, and -24 (inclusive of a five-acre parcel\nthat does not include development) from Residential Planned Community\n(R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General\nIndustrial (I-G) and approving Tentative Parcel Map No. 20709 (TPM No.\n22-009) (Building No. 1), Tentative Parcel Map No. 20708 (TPM No. 22-030)\n(Building No. 2), and Tentative Parcel Map No. 20707 (TPM No. 22-031)\n(Building No. 3) to process three parcel maps to consolidate six (6) parcels\ninto one parcel, to develop project sites for Building No. 1 and Building No. 2,\nand to consolidate five (5) parcels into one for the development of the project\nsite for Building No. 3 respectively subject to conditions of approval, and\napproving Design Review No. 22-029 (Building No. 1), Design Review No.\n22-061 (Building No. 2), and Design Review No. 22-062 (Building No. 3) for\nthe site and architecture review for three buildings totaling approximately\n540,849 square feet and associated on-site and off-site improvements\nsubject to the Conditions of Approval; and,\n3b) Read by title only and waive further reading of and introduce Ordinance\nNo. 1924, an Ordinance of the City Council of the City of Fontana, approving\na Zoning District Map Amendment (Zone Change) No. 22-005 changing the\nzoning designation from Residential Planned Community (R-PC) and\nMultiple-Family Medium/High Density Residential (R-4) to Southwest\nIndustrial Park (SWIP) Specific Plan, Slover East Industrial District for\napproximately 29.4 acres located west of Citrus Avenue, east and west of\nOleander Avenue and north of Santa Ana Avenue, and that the reading of\nthe title constitutes the first reading thereof; and,\n3c) Read by title only and waive further reading of and introduce Ordinance\nNo. 1925, an Ordinance of the City Council of the City of Fontana, approving\na Specific Plan Amendment No. 22-002, to amend the Southwest Industrial\nPark (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to\ninclude the entire 29.4 acres located west of Citrus Avenue, east and west of\nOleander Avenue and north of Santa Ana Avenue, and that the reading of\nthe title constitutes the first reading thereof; and,\n3d) Read by title only and waive further reading of and introduce Ordinance\nNo. 1926, an Ordinance of the City Council of the City of Fontana, approving\nDevelopment Agreement No. 23-005 for a public benefit fee.

B. Public Hearing to Establish Fiscal Year 2023-2024 21-2355\nAssessment Rates for Landscape and Lighting\nMaintenance Districts.\n1. Adopt Resolution No. 2023-090, of the City Council of the City of\nFontana, California, Confirming a Diagram and Assessment, and Levying the\nAssessment for Landscape Maintenance District No. 1 (“LMD #1” throughout\nthe City) for Fiscal Year 2023-2024.\n2. Adopt Resolution No. 2023-091, of the City Council of the City of\nFontana, California, Confirming a Diagram and Assessment, and Levying the\nAssessment for Landscape Maintenance District No. 2 (“LMD #2” Village of\nHeritage) for Fiscal Year 2023-2024.\n3. Adopt Resolution No. 2023-092, of the City Council of the City of\nFontana, California, Confirming a Diagram and Assessment, and Levying the\nAssessment for Landscape Maintenance District No. 3 (“LMD #3” Hunter’s\nRidge) for Fiscal Year 2023-2024.\n4. Adopt Resolution No. 2023-093, of the City Council of the City of\nFontana, California, Confirming a Diagram and Assessment, and Levying the\nAssessment for Landscape Maintenance District No. 3- 1 (“LMD #3-1”\nEmpire Center) for Fiscal Year 2023-2024.\n5. Adopt Resolution No. 2023-094, of the City Council of the City of\nFontana, California, Confirming a Diagram and Assessment, and Levying the\nAssessment for Local Lighting Maintenance District No. 3 (“LLMD #3”\nHunter’s Ridge) for Fiscal Year 2023-2024.

C. An Urgency Ordinance of the City Council of the City of 21-2371\nFontana in Accordance with Government Code Section\n65858 Enacting for a Period of Forty-Five (45) Days a\nMoratorium on the Approval of any Building Permit,\nOccupancy Permit, Conditional Use Permit, Variance,\nSubdivision Map, Design Review or other Land Use\nEntitlement or Permit, or Regulatory License or Permit\nRequired to Comply with the Provisions of the Municipal\nCode or Specific Plan for Service Based,\nNon-Entertainment Uses.\nWaive the reading of the text in its entirety, read by title only, and adopt\nOrdinance No. 1922, “An Urgency Ordinance of the City Council of the City\nof Fontana in Accordance with Government Code Section 65858 Enacting for\na Period of Forty-Five (45) Days a Moratorium on the Approval of any\nBuilding Permit, Occupancy Permit, Conditional Use Permit, Variance,\nSubdivision Map, Design Review or other Land Use Entitlement or Permit, or\nRegulatory License or Permit Required to Comply with the Provisions of the\nMunicipal Code or Specific Plan for Service Based, Non-Entertainment Uses.\n”

D. Third Amendment to Fontana Woman’s Club Operating 21-2373\nCovenant Agreement.\n1. Adopt Resolution No. 2023-095, of the City Council of the City of\nFontana Approving the Third Amendment to the Operating Covenant\nAgreement Between the City and Fontana Woman’s Club, a California\nDomestic Nonprofit, to Bring Current the Installment Schedule as Set\nForth in the Second Amended Operating Covenant and to Effectuate\nConditions for Repayment Forgiveness Thereof.\n2. Find that the amendment to the Operating Covenant Agreement is\nexempt from the California Environmental Quality Act Review (CEQA)\nunder Sections 15301, 15331, and 15332 of the State CEQA Guidelines\nand direct staff to file the Notice of Exemption within five days.