Division 2 — DEVELOPMENT POLICIES

Sec. 30-603. - Purpose.

This section establishes development policies for all open space and public facility uses. The policies are to be used in concert with the development standards outlined here-in.

Sec. 30-604. - Plan consistency.

All open space and public facility uses must be consistent with the following plans:

(1)

All elements of the general plan;

(2)

Applicable specific plans (Note: Any specific plans adopted subsequent to the adoption of this development code shall meet or exceed the minimum development standards contained herein.);

(3)

San Bernardino County flood control master plans; and

(4)

San Bernardino County Hazardous Waste Management Plan.

(5)

Fire hazard, a fire protection/fuel modification plan shall be reviewed and approved prior to an entitlement approval.

Sec. 30-605. - Land use compatibility.

(a)

Open space uses. The following features shall be incorporated into open space uses to ensure the use is compatible with surrounding land uses:

(1)

For open space uses which include some type of development (for example, golf courses, recreational parks, single-family dwelling), open space buffer zones shall be used as appropriate to separate the active land uses from adjacent more sensitive uses.

(2)

Landscaping shall be used alone or in conjunction with other features (topography, fencing) to reduce potential visual conflicts.

(3)

Lighting and especially lighting provided at recreation facilities, shall be shielded and directed to minimize impact on surrounding uses.

(b)

Public facility uses. The citing and design of a project shall recognize that conflicts between abutting or nearby land uses can arise due to such factors as the operating characteristics of an existing use, hazards posed by a use, or the physical orientation of a building. On a city-wide scale, the general plan land use policy map establishes a pattern of land use designed to minimize land use conflicts. At the project level, the following features should be incorporated into a project as appropriate to assure the compatibility of different land uses.

(1)

Landscaped parkways and similar open space features will be used as appropriate to separate public facilities uses from potentially incompatible uses. The width and treatment of the open space buffer will vary depending upon the types of potential land use conflicts to be resolved. To soften visual impacts, the open space buffer should include landscaping.

(2)

Grading plans will incorporate natural earth forms and graded earthen berms as appropriate to create visual screens and to buffer noise.

(3)

Street design and site access will be configured to prevent through traffic from using adjacent residential streets. Features such as medians which restrict turning movements can discourage such through traffic.

(4)

Landscaping shall be used alone or in conjunction with other features (e.g. open space buffer, topography) to reduce potential visual, conflicts.

(5)

Physical barriers such as masonry walls shall be provided as specified in these regulations to reduce noise, visual impacts. These features may also be used to prevent trespass between abutting land uses.

(6)

All buildings shall be sited and oriented to reduce noise, light and glare, visual, and other conflicts. For example, loading areas should be located in areas where noise from such operations will not adversely impact adjacent residential uses.

(7)

Infill development in established areas shall be especially sensitive to compatibility concerns and shall be developed in a manner sensitive to existing uses in terms of scale, design theme, etc.

Sec. 30-606. - Resource protection.

(a)

Biological resources. Areas containing significant biological habitat, as identified in the general plan, shall be preserved and protected.

(b)

Water resources. Groundwater recharge areas and natural drainage courses shall be protected.

(c)

Grading and landform. If any grading is required, natural terrain shall be incorporated into grading plans. The amount of terrain alteration shall be minimized. Significant topographic features shall be preserved. No grading or development shall be permitted on hilltops. Views to the San Gabriel, San Bernardino, San Jacinto Mountains, and Jurupa Hills shall be protected.

(d)

Natural flood control. Wherever possible, natural flood control features such as swales and vegetated drainage courses shall be maintained.

(e)

Energy conservation. New projects shall incorporate passive and active solar systems into site and building design per the California Building Code (CBC).

Sec. 30-607. - Public safety.

(a)

Emergency access. Access for emergency vehicles shall be incorporated into project design.

(b)

Fire hazards. Projects constructed within or adjacent to areas identified in the general plan, noise and safety element as "fire hazard" a fire protection/fuel modification plan shall be reviewed and approved prior to an entitlement approval.

(c)

Geological hazards.

(1)

Geological reports shall be required for development on properties lying within an Alquist-Priolo Special Studies Zone. The development must incorporate citing and design features recommended in the geological study.

(2)

In the San Gabriel Mountains and Jurupa Hills, no grading shall be permitted on hill slopes in excess of 15 percent unless detailed geologic studies are prepared to show that hill slopes can be stabilized.

(d)

Corner cut-off. The provisions regarding unobstructed visibility shall be required to follow the engineering standards for sight triangle requirements, and shall be in compliance with all applicable standards of this chapter to ensure a clear sight triangle.

(e)

Flooding. Structures built within the flood plain shall comply with regulations established by Chapter 12 of the Fontana Municipal Code and Federal Emergency Management Agency (FEMA).

(Ord. No. 1865, § 8(Att. 2), 3-23-21)

Sec. 30-608. - Infrastructure.

(a)

Streets. All new development and expansion of existing development shall provide public street and/or private street improvements consistent with the community, mobility, and circulation element of the general plan. Appropriate improvements and dedications shall be provided as determined through the entitlement review process.

(b)

Sewer. All new development and expansion of existing development shall provide appropriate sewer service that is acceptable to the engineering standards.

(c)

Water. All applicants must verify that adequate water facilities are or will be available to serve the planned use. Project proponents are encouraged to incorporate recycling systems and decorative or water elements for gray water reuse into building and site design in order to provide for more efficient water use.

(d)

Sewer. All projects shall be served by a sewer system either public or private. Applicants shall verify that an adequate sewer system is or will be available to serve the project. If no sewer is available, then all applicants shall provide correspondence from the Santa Ana Reginal Water Board identifying that the project shall be permitted to utilize a septic system.

(e)

Storm drains. All applicants shall provide storm drain and other flood control and drainage facilities consistent with the San Bernardino County Flood Control District's comprehensive drainage plan and City master plan for drainage. All improvements shall be performed in accordance with the provisions of Chapter 12 and Chapter 26 of the Municipal Code.

(f)

Logical extension of facilities. Development shall be phased in accordance with the logical, incremental extension of necessary infrastructure of streets and utilities.

(g)

Developer impact fees. One-time public improvement costs related to extension or expansion of infrastructure necessary to serve a particular development will be the responsibility of the project developer.

(h)

Impact fee amounts. Where developer impact fees have been adopted, the developer/applicant shall pay the fees according to appropriate rates and schedules.

(i)

Mitigation charges. Where mitigation charges are determined, a fair share amount shall be assessed by means of a special study or analysis prepared and/or reviewed by appropriate City staff.

DIVISION 3. - USE REGULATIONS

Sec. 30-609. - Uses permitted.

(a)

Uses by zoning districts. Table No. 30-609 lists the uses permitted in the public and open space zoning districts. A "P" indicates, the use is permitted by right and shall be approved through an appropriate entitlement process, a "C" indicates the use requires the granting of a conditional use permit (CUP) from the Planning Commission, an "M" indicates the use requires the granting of a minor use permit (MUP) from the Director of Community Development, and "—" means the use is not permitted.

(b)

Uses subject to specific requirements. Permitted uses and uses requiring an MUP are marked with an asterisk "*" and are indicative that the use is subject to special use regulations here-in. Conditional uses are subject to the provisions are marked with a "C".

Any use not specifically permitted by Section 30-610 shall be prohibited, unless the Director of Community Development finds the use to be similar to or have the same operating characteristics of a permitted use through a Director's determination pursuant to the provisions of Division 16 of Article II.

This section establishes special regulations for certain permitted uses and uses requiring an MUP marked with an asterisk "*" in Table No. 30-609. The specified use is permitted provided that the use conforms to the following regulations.

(1)

Animal grazing, breeding, raising or training. The keeping of animals for grazing, breeding, raising, or training is permitted subject to the following:

a.

A minimum lot size of six acres is required.

b.

The number of animals permitted shall be limited as outlined in Table No. 30-611.

• Swine are permitted provided they are not fed garbage.

(2)

Home occupation. Home occupation uses are permitted within a single-family home and provided a valid home occupation permit has been obtained pursuant to the provisions of Division 20 of Article II.

(3)

Product sales stand. One stand provided for the display and sale of products grown on-site is permitted by approval of the Director of Community Development. The floor area for the stand shall not exceed 200 square feet.

(4)

Parking facilities. Parking facilities related to a use located adjacent to but not within the open space zoning district are permitted subject to the following:

a.

The parking facility shall be developed in accordance the requirements of Article XI.

b.

All parking facilities shall be subject to an appropriate entitlement review process outlined here-in.

(5)

Single-family residence. In the OS-N zoning district, the maximum density shall be one unit per 20 acres of land.

(6)

Accessory uses. Accessory uses within utility easements shall be subject to an appropriate entitlement review process outlined here-in.

(7)

Theater/performing arts with alcoholic beverage sales. Alcoholic beverage sales are permitted provided they are located within a theater or performing arts center located within the municipal campus and are associated with civic events.

(8)

Farmers market. Notwithstanding any other provision of this chapter, a farmers' market may be conducted in the P-PF zoning district, provided they are carried on in accordance with the limitations hereinafter set forth, and provided an approved minor use permit and site plan review is granted by the Director of Community Development.

a.

An established set of operating rules addressing the governance structure of the market, hours of operation, and days of the week, maintenance, and security requirements shall be permitted and approved under the minor use permit (MUP) application and site plan review.

b.

A MUP approval letter, a master site plan, as well as the conditions of approval, shall be posted in a conspicuous place at the market site.

c.

The organization responsible for governing or operating the farmers market shall obtain a business license and shall post the business license in a conspicuous place at the site.

d.

At least 51 percent of the vendors displaying inventory of the products sold in each farmers market are selling fresh fruits and vegetables.

e.

Fifteen percent or fewer vendors are non-food vendors (i.e. handmade crafts, art exhibits, informational booths, etc.).

f.

The organization governing or operating the farmers market shall provide access to adequate sanitary facilities, including restrooms and/or portable sinks and toilets. Operation of the farmers market shall not obstruct the safe flow of vehicular or pedestrian traffic on or around the market site.

g.

The sale of, or consumption of, alcoholic beverages on the market site is prohibited.

h.

The sale of second-hand merchandise is prohibited.

i.

Portable shelters (e.g.: EZ up shelters) with an area no larger than ten feet by ten feet are allowed in designated market areas. Any shelter larger than ten feet by ten feet must be approved under the MUP application and may require review by the Building and Safety Division.

j.

Animals, other than law enforcement dogs and assistance animals for the disabled (e.g.: Service Animals) are not allowed on the market site.

k.

A medical cannabis dispensary shall not be permitted pursuant to this section.

l.

The Director of Community Development shall have the authority to determine other market activities, in addition to those specifically listed in this article, which may be permitted, or conditionally permitted, in his or her judgment supported by specific written findings in Division 16, Article II.

(Ord. No. 1899, § 10, 7-26-22)

Sec. 30-612. - Reserved.

DIVISION 4. - DEVELOPMENT STANDARDS

(a)

Single-family dwelling. All development standards, with the exception of minimum lot size, for a single-family dwelling shall be the same as established for the R-E (residential estate) zoning district. Minimum lot size requirements shall be as established by Table No. 30-613.

(b)

All other uses. The development standards set forth in Table No. 30-613 shall apply to uses other than a single-family dwelling.

Notes:

• A total aggregate of 35 feet of side yard shall be provided.

Sec. 30-614. - Landscaping and screening.

(a)

OS-N and OS-R zoning districts. Within the OS-N and OS-R zoning districts, the level of landscaping to be provided shall be determined through the entitlement process. Landscaping shall be used to screen utility substations, fences, and parking facilities.

(b)

P-PF zoning district—Landscaping. Within the P-PF zoning district, all required street setbacks shall be landscaped in accordance with provisions in Article X. In no event shall the on-site parking encroach within the setback area.

(c)

P-PF zoning district—Outdoor storage. Within the P-PF zoning district, the outdoor storage of material and equipment shall be permitted only within an area surrounded by a wall at least eight feet in height with gates capable of being locked; provided, however, the storage area shall not be located in any required setback area. Within such storage area, except for trucks and other vehicles necessary for the operation, no materials or equipment shall be stored to a height greater than eight feet.

(d)

P-PF zoning district—Screening. Within the P-PF zoning district, a eight-foot solid wall shall be required where the side or rear property line of a site adjoins a residential zoning district.

Sec. 30-615. - Signs.

(a)

OS-N And OS-R zoning districts. Within the OS-N and OS-R zoning districts, the only on-premises signs permitted shall be directional signs and identification signs. The signs shall be limited in size and location as provided for in Chapter 3 of the Municipal Code. The signs shall be low-level and unobtrusive and shall conform to the character of the open space use, as well as to the design theme of any buildings located on the site.

(b)

P-PF zoning district. Within the P-PF zoning district, on-site signs are permitted to the standards outlined in Chapter 3 of the Municipal Code.

Sec. 30-616. - Reserved. DIVISION 5. - DESIGN GUIDELINES

All development within the open space and public facility zoning districts shall be suitable and architecturally treated to be consistent and compatible with the surrounding existing or future planned development. Where architectural treatment is infeasible, total screening from public view shall be required.

Sec. 30-618. - Applicability.

These guidelines apply to all new open space and public facility development, as well as to additions, remodeling, and relocation of existing structures.

Sec. 30-619. - Site plan design.

(a)

Grading and drainage.

(1)

Graded slopes shall meet Uniform Building Code.

(2)

All graded slopes in excess of three to one shall be stabilized and planted with groundcovers and trees or shrubs.

(3)

The grading of land along transportation corridors shall conform to the natural topography of the immediate area and result in a harmonious transition of the manmade grade with the natural terrain.

(4)

Site grading shall complement and reinforce the architectural and landscape design character by helping to screen parking, loading and service areas, by helping to reduce the perception of height and mass on large buildings, by providing reasonable transitions between on-site uses, by providing elevation transitions contributing to the efficiency of on-site and off-site movement systems, and by providing reasonable transition between lots.

(5)

All three to one slopes or greater shall required an erosion control management plan.

(b)

Building orientation.

(1)

All buildings shall be sited and oriented to reduce noise, light and glare, visual, and other conflicts.

(2)

Refuse/recycle collection and loading areas shall be located in areas where noise from such operations will not adversely impact adjacent residential uses.

(3)

Buildings shall be sited for windows and entries to take advantage of scenic views where possible.

(4)

Buildings shall be designed and sited to minimize the impact of built forms on the natural landscape. Roof lines shall keep a low profile so as to not dominate the horizon line.

(5)

The orientation of a building and its parts shall be related to nature and elements: sun, wind, and rain. The design and placements of windows and doors shall be considered with exposure to natural elements in mind.

(6)

In new projects, buildings shall be positioned to minimize the impact of shadows on adjacent properties. Building architecture shall be designed to provide shade in the summer and sunlight in the winter.

(7)

All design shall appear as an integrated part of an overall design theme.

(8)

Building setbacks from the street shall vary to provide character to the area.

(9)

All HVAC ducts shall be screen from public view.

(c)

Pedestrian access and circulation.

(1)

On-site pedestrian circulation systems shall be provided to meet the movement needs of on-site users. Such systems shall provide safe, all-weather surfaces and aesthetically pleasing means of on-site foot travel. Pedestrian walkways shall be an integrated part of the overall architecture and site design concept.

(2)

Pedestrian and bicycle access shall be conveniently provided to connect surrounding land uses and commercial uses.

(3)

All new development shall be accessible to persons with disabilities as required elsewhere in this Development Code.

(d)

Lighting.

(1)

All exterior lighting shall be adequately controlled and shielded to prevent glare and undesirable illumination to adjacent properties or streets.

(2)

On-site lights shall provide a safe, functional and aesthetic design. Enough lighting should be provided to ensure a safe environment while at the same time not cause areas of intense light or glare.

(3)

Light fixtures and poles shall be designed and placed in a manner consistent and compatible with the over-all site and building design.

(4)

All lighting shall comply with Fontana Police Department security requirements.

(e)

Utilities.

(1)

Temporary overhead power and telephone facilities are permitted only during construction.

(2)

Transformers, utility pads and telephone boxes shall be screened with walls and vegetation to the extent feasible, subject to approval of the Director of Planning.

(3)

Transformer enclosures shall be designed of durable materials with finished and colors used which are compatible and harmonious with the overall architectural theme.

(f)

Public safety.

(1)

Entrances to buildings shall be well lighted and void of any large shrubbery or obstructions.

(2)

Adequate emergency access routes for the egress/ingress of emergency vehicles shall be required for all projects. Where space for a separate vehicle access road is difficult, a portion of a greenbelt or open space area shall be lined with "turf block" to allow heavy equipment to access structures.

(3)

A fuel modification zone shall be required in areas threatened by fire hazard.

(Ord. No. 1865, § 8(Att. 2), 3-23-21; Ord. No. 1970, § 4(Exh. A), 6-10-25)

Sec. 30-620. - Reserved.

ARTICLE IX. - OVERLAY DISTRICTS DIVISION 1. - GENERALLY

Sec. 30-621. - Purpose.

The purpose of this article is to create overlay districts that establish additional use regulations and development standards for specific types of use and specific areas of the City requiring special consideration in the development process. The regulations established in this article for the overlay districts shall apply in addition to the regulations established for the underlying zone districts.

Sec. 30-622. - Overlay districts.

(a)

Medical center overlay district. A district that may overlay any medical center complex.

(b)

Utility corridor overlay district. A district that is intended to provide for appropriate development within or near those areas containing easements for public utilities.

(c)

Hillside overlay district. A district that protects the public health and safety, minimizes environmental impacts, and requires development to conform to the natural topography of hillside areas.

(d)

Auto center overlay district. A district that is intended to promote new car and truck sales adjacent to the 1-210 Freeway.

(e)

Warehousing distribution/logistics overlay district (Sierra Avenue). A district that provides for the limited, well planned and orderly development of warehousing distribution/logistics uses on properties within the light industrial (M-1) zone as provided for in Section 30-532 et seq. Unlike other overlay districts in this division, this overlay identifies a geographic area where such uses may be allowed subject to a separate zone change request to establish the overlay on one or more parcels eligible to receive it.

(f)

Valley business park overlay district. The intent of the valley business park overlay is to provide for a well-planned and orderly development of business park and warehousing distribution uses on parcels within the M-1 zone located on designated areas within the adopted overlay that are generally located on the south side of Valley Boulevard.

(g)

Emergency shelter overlay district. A district that provides for seamless incorporation of emergency, supportive, and transitional housing opportunities on specific properties within the light industrial (I-L) and/or general industrial (I-G) general plan land use designations to house individuals at risk of homelessness, as required by Government Code §§ 65583(a)(4) and 65583(a)(5).

(h)

(R-4) overlay district. The intent of the R-4 overlay district is to provide areas for the potential development at the multifamily residential (R-4) density of 24.1 du/ac to 39 du/ac for multifamily development in close proximity to transit routes and convenience uses in recognition of the need for affordable housing.

(Ord. No. 1889, § 5(Exh. A), 2-22-22; Ord. No. 1982, § 4(Exh. A), 2-24-26)

DIVISION 2. - MEDICAL CENTER OVERLAY DISTRICT

Sec. 30-623. - Medical center overlay district regulations.

The following provisions apply to projects that meet the definition of a medical center as described in Article I of this chapter. These provisions apply in addition to the provisions in the underlying zoning district. If the provisions of this division are in conflict with the provisions in the underlying zoning district, the provisions of this division shall apply.

Sec. 30-624. - Uses permitted.

Any use permitted in the underlying zoning district shall be permitted in the medical center overlay district. Additional uses, which may be allowed in the underlying zone, shall include:

(1)

Psychiatric care.

(2)

Nutrition, pregnancy, health, and drug, tobacco, and alcohol cessation classes and services.

(3)

Twenty-four-hour emergency room and ambulance drop-off.

(4)

Bi-weekly farmers market events, duration of which will be no more than five hours per event, not to exceed more than ten hours per calendar month.

(5)

Additional hospital staff events, such as health fairs, employee recognition events, etc., shall be allowed two events per calendar month, not to exceed more than ten hours per calendar month.

(6)

Weekly or permanent use of MRI, lithotriptor, or other types of large equipment, and their buildings and/or mobile transport trailers. Permanent buildings for these types of equipment to be calculated as hospital support.

(7)

Other uses not listed here that may approved at the discretion of the Director of Community Development.

Any proposal within the medical center overlay district which may or may not involve the issuance of a building permit for the construction or reconstruction of a habitable structure greater than 50,000 square feet shall be subject to the design review process and approval by the Planning Commission.

Sec. 30-626. - Development standards and design guidelines.

(a)

Floor area ratio. Floor area ratio (FAR) shall not exceed 0.75:1.

(b)

Maximum height. The building height of any structure within the medical center overlay district shall not exceed 125 feet.

(c)

Street frontage. A minimum setback of 20 feet shall be required between the front property line and the building. This area shall be landscaped with one tree for each 15 feet of street frontage and three shrubs for each tree. Clustering may be permitted on a case-by-case basis. The Director of Community Development shall have the authority to review and approve alternatives to the required landscaping requirements.

(d)

Yards abutting residential districts. A minimum ten-foot wide landscaped strip shall be provided as a buffer along all yard areas abutting a residential district. This area shall contain a minimum of one tree for each 25 linear feet of lot line and three shrubs for each tree. A combination of trees and shrubs shall provide appropriate screening as approved by the Director of Community Development on a case-by-case basis.

(e)

Landscaping of parking lots. One tree shall be provided for each five parking spaces. Trees which provide a shading canopy at maturity are preferred for parking lot use.

(f)

Landscaping for parking structures. An attractive landscaping strip shall be provided on all sides of the structure where possible. One tree shall be provided for each 15 feet of perimeter of the structure. These trees shall be distributed evenly throughout the subject landscape area subject to staff review and Director of Community Development approval. Trees shall border the parking structure and shall be of a species that will obtain a mature height. Additionally, all sides of a parking structure shall be screened by vines or other decorative screening approved by the Director of Community Development. The Director of Community Development shall have the authority to review and approve alternatives to the required landscaping requirements.

(g)

Other setback areas. Not less than one tree shall be provided for each 250 square feet of other required landscaped area on the lot. A minimum of three shrubs shall be provided for each tree. Trees and shrubs shall be provided in all remaining landscape areas in such a way to reinforce the architectural and overall design intent of the project.

(h)

Required trees and shrubs. The Director of Community Development shall have the authority to review and approve alternatives to the required landscaping requirements.

(i)

Parking area landscaping. A total of ten percent of the total interior of the off-street parking area shall be landscaped. For landscaping purposes, parking area calculations shall include aisles, access drives, stalls, maneuvering areas, and landscaping contained within the parking and circulation area and site perimeter landscaping adjacent to parking and circulation areas, but shall not be included in any street areas otherwise required by this article.

(j)

Required parking spaces.

(1)

Medical offices shall be parked at a ratio of one space per 200 square feet, plus one space per 250 square feet of floor area within the administrative office buildings.

(2)

Hospitals shall be parked at a ratio of one space per 2.5 beds plus one space per two employees on the maximum shift for the hospital building(s).

(3)

Off-street loading space(s) shall be provided as required in Article XI of this chapter. The Planning Commission may approve alternative off-street loading spaces based upon a parking utilization study and the recommendation of the Director of Community Development and Traffic Engineer.

(4)

The Planning Commission may approve alternative off-street parking spaces based upon a parking utilization study and the recommendation of the Director of Community Development.

(k)

Handicap standards. Handicapped regulations shall be determined by the Americans with Disabilities Act (ADA) and Title 24 in effect at the time of building permits.

(l)

Parking lot standards. The provisions and requirements of Table 30-692 shall apply to all parking lot standards except as provided herein for compact parking.

(m)

Compact parking spaces. Compact parking spaces shall be permitted up to a maximum of 25 percent, or a percentage as appropriate based upon a parking vehicle study, as reviewed and approved by the Director of Community Development. Each compact parking space shall have dimensions of nine feet wide by 16 feet long. Each such compact stall shall be marked as a compact parking space with either signage or stenciled pavement markings.

(n)

Temporary construction trailers. A trailer used for construction offices is permitted for the duration of construction at the site subject to staff review and the approval of the Director of Community Development, and shall include the following conditions:

(o)

[Location.] Trailer(s) shall be located on the same or adjacent premises as the construction site.

(p)

[Duration of use.] Trailer(s) shall be used only during the period of construction. All trailers shall be removed from the site prior to final project inspection of the project.

(q)

Temporary events. Bi-weekly farmers market events, and a maximum of two employee or health-related events for a total of 20 hours of medical center related events per month are permitted without obtaining a temporary use permits with the following conditions:

(1)

All events shall comply with the conditions specified in Article II (temporary use permits).

(2)

All events shall be restricted to the medical center overlay district.

(3)

A temporary use permit shall be required for more than 20 hours of medical center related events per month.

(r)

Walls and fences. The maximum height of a wall or fence shall not exceed eight feet in height.

(s)

Signs. Signs shall be established as part of a sign program administered by the City.

DIVISION 3. - UTILITY CORRIDOR OVERLAY DISTRICT

Sec. 30-627. - Utility corridor overlay district regulations.

The following provisions apply to all properties that are designated "(blue)" on the zoning map. These provisions apply in addition to the provisions in the underlying zoning district. If the provisions of this division are in conflict with the provisions in the underlying zoning district, the provisions of this division shall apply.

Sec. 30-628. - Uses permitted.

Any use permitted in the underlying zoning district shall be permitted in the utility corridor overlay district subject to an approved conditional use permit.

Sec. 30-629. - Development standards and design guidelines.

The development standards and design guidelines applicable to the underlying zoning district shall apply in the utility corridor overlay district except that more restrictive standards may be applied if it is determined that the standards of the underlying zoning district do not adequately buffer adjacent development from any negative impacts of development within the utility corridor overlay district.

DIVISION 4. - HILLSIDE OVERLAY DISTRICT

Sec. 30-630. - Hillside overlay regulations.

(a)

Purpose and goals. The purpose of the hillside overlay district is to achieve the following goals:

(1)

To protect the public health and safety by preserving steep hillsides in open space and by minimizing geological hazards, erosion and other potential dangers associated with hillside areas.

(2)

To minimize potential impacts to endangered, threatened or rare species of flora and fauna.

(3)

To ensure that any permitted hillside development conforms to the character of the natural topography and that the visual impacts of grading are softened by requiring designs which incorporate slope undulation, blending and other features to reflect the natural terrain.

(b)

Hillside protection policies. City policies aimed at achieving the hillside protection goals set out in subsection (a) of this section shall be as follows:

(1)

Development restrictions in steep areas. Development should be restricted in steep areas in order to ensure development safety and limit the amount of grading required for development. Further, the City discourages development on prominent ridges, public views, and prominent ridgeline features. The City instead encourages development on those hillside areas that are a reasonable distance below prominent ridges in order to preserve and protect in their natural state those prominent ridges within the City.

(2)

Limitations on earth movement. The amount of earth movement for hillside development should be limited both in quantities moved within a site, in order to limit landform alteration, and quantities imported or exported, in order to limit dirt hauling on City streets.

(3)

Contouring of manufactured slopes. Manufactured slopes should be designed to resemble natural hillside contours and should blend with natural terrain where the two join in order to visually integrate development into the natural hillside.

(4)

Slope and retaining wall heights. The height of manufactured slopes and retaining walls should be restricted in order to limit the size and accompanying visual impacts of manmade slopes and structures on the hillside.

(5)

Landscaping and other visual mitigation. Intensive slope landscaping and other mitigation measures should be required in order to screen and soften the intrusive appearance of hillside building and grading.

(6)

Protection of biological resources. Development impacts to endangered, threatened or rare species of flora and fauna and sensitive biological habitats shall be avoided or mitigated, consistent with state and federal definitions and regulations, in order to preserve environmental quality and diversity.

(c)

Definitions. In addition to the definitions contained in this title, the words and phrases set forth below, shall, for the purposes of this chapter, be given the following meanings, unless the content clearly requires otherwise:

Average slope means the slope, in percent, calculated using the following formula: Average slope = (0.00229 x I x L)/A, where, using a topographic map, "I" is the contour interval in feet, "L" is the combined length of contour lines in feet, and "A" is the gross area of the lot in acres.

Contour means a line drawn on a plan that connects all points of equal elevation.

Fill means a deposit of earth material placed by artificial means.

Natural slope means the slope of a lot or portion thereof that is not manufactured or manmade (consisting wholly or partially of either cut or filled material).

Pad means an area on a lot upon which a building or structure may be placed.

Prominent ridge means any ridgeline that affords significant public vistas or views and stands out as a prominent feature of a hillside area.

Slope means an inclined ground surface of a lot, or portion of a lot, the inclination of which is expressed as a ratio of horizontal distance (run) to vertical distance or change in elevation (rise). The percent of any given slope is determined by dividing the rise by the run multiplied by 100. Also see "average slope."

(d)

Applicability. The provisions in this division apply to all properties that are designated in the hillside overlay district on the zoning map. These provisions apply in addition to the provisions in the underlying zoning district. If the provisions of this division are in conflict with the provisions in the underlying zoning district, the provisions of this division shall apply.

Sec. 30-631. - Application and procedures.

(a)

Review procedures. All projects within a hillside overlay district and located on a lot with a slope of ten percent or greater shall be subject to review and approval of a hillside development permit (HDP) by the Director of Community Development or the Planning Commission in accordance with the provisions contained in this section. This requirement applies to all permits, including, but not limited to, grading permits, building permits, tentative parcel maps, tentative tract maps, conditional use permits, approved specific plans, planned unit developments, administrative site plan review, design review projects and associated plan review.

(1)

Staff review. The Director of Community Development shall review development proposal applications and impose conditions deemed appropriate under the circumstances described in this subsection. Projects that require grading for large flat areas, including, but not limited to, such items as tennis courts may be referred to the Planning Commission if determined necessary by the Director of Community Development.

a.

The average natural slopes on the lot are less than 15 percent.

b.

The final grading resulting in fills or excavations less than five feet in vertical depth, at their deepest point, measured from the natural ground surface.

c.

The excavations or fills, or any combination thereof, on any portion of a site, are less than 2,500 cubic yards.

(2)

Planning Commission review. The Planning Commission shall review development proposal applications and impose conditions deemed appropriate under the circumstances described in this subsection.

a.

The average natural slopes on the lot are equal to or greater than 15 percent.

b.

The final grading resulting in fills or excavations equal to or greater than five feet in vertical depth, at their deepest point, measured from the natural ground surface.

c.

The excavations or fills, or any combination thereof, on any portion of a site, are equal to or greater than 2,500 cubic yards.

d.

Any fill or excavation that will encroach onto or alter a natural drainage channel, blue line stream, waters of the United States, or other watercourse (prohibited unless alternative drainage is proposed).

e.

The application requires Planning Commission approval for development entitlements.

f.

The application has been referred to the Planning Commission by the Director of Community Development.

(b)

Interpretation of standards. If ambiguity arises concerning interpretation of the provisions contained in this division, the Director of Community Development shall review such instances to determine compliance with the provisions contained within this section or the matter may be referred to the Planning Commission for consideration.

(c)

Biotic resources management plan. The application shall be accompanied by a biotic resources management plan to be reviewed by City staff or a City hired consultant. The plan will be part of an initial study per CEQA. The plan shall include the following:

(1)

Biotic assessment. A complete assessment of flora and fauna within and adjacent to the project area, with particular emphasis upon identifying endangered, threatened, and locally unique species as well as sensitive and critical habitats.

(2)

Impacts. A discussion of direct, indirect and cumulative impacts anticipated to adversely affect biological resources.

(3)

Mitigation measures. An identification of effective mitigation measures to specifically affect such impacts to a level of insignificance. Besides impacts to the biotic resources identified above, mitigation measures shall also address potential adverse impacts from any increased runoff, sedimentation, soil erosion and urban pollutants on streams, watercourses, and sensitive habitats on or near the project site.

(4)

No net loss of sensitive habitats. The identified mitigation measures shall observe the state and federal policy of habitat values. In addition, a discussion of alternatives to not only minimizes adverse impacts to wildlife but also to include direct benefit to wildlife and wildlife habitat shall be included. Stream buffer areas and their maintenance in a natural condition through nonstructural flood control methods shall be incorporated into projects affecting watercourses to continue their high value as wildlife corridors.

(5)

Permits. If required by state and federal law, a discussion of the necessary biological permits (California Department of Fish and Game, State Fish and Game Code § 1600 or United States Army Corps of Engineers/Department of the Interior Fish and Wildlife Service, Clean Water Act Section 404) shall be included in the biotic resources management plan. The requirements of the California Environmental Quality Act and Guidelines shall also be incorporated into the plan.

(6)

Archaeological/historic/paleontological report. A site-specific archaeological/historic/paleontological report shall be presented for approval, which shall include identification of such resources on a project site; analysis of potential adverse impacts to such resources; and identification of effective mitigation measure to level potential adverse impacts to a level of insignificance.

(d)

Fire management plan/high fire severity zone. The application shall be accompanied by a fire management plan/fuel modification plan. These plans shall be submitted to the Planning Division incorporating the City's standard format and include, at a minimum, the following:

(1)

Special building standards. Such features should include at a minimum, one-hour-rated exteriors, non-flammable wood or plastic material on exteriors, double pane or tempered glazing, solid core doors, non-wood garage doors, no non-fire rated plastic or vinyl window frames, proper screening and orientation of vents, non-combustible/non-plastic decking and patio covers, no plastic and no combustible rain gutters.

(2)

Fuel modification zones. The fuel modification zone shall incorporate a vegetation management zone around all structures. The recommended vegetation management zones around property lines are as follows: in the northern area of the City, 300-foot wide zones are required; in the Jurupa Mountains, 200foot wide zones are required.

(3)

Special building setbacks. The fire management plan shall incorporate minimum building set backs and building separation requirements.

(4)

Maintenance. The fuel modification plan shall include a maintenance plan for all designated fuel modification zones.

(e)

Fencing and landscaping plans. Prior to the issuance of any building permit for any building or structure to be located within any hillside overlay district, a fence and landscape plan shall be submitted to the Community Development Department for review and approval. The fencing and landscaping plans shall include fire retardant materials and plantings, with irrigation systems and conservation measures to provide for the natural habitat and erosion control.

Any use permitted in the underlying zone district shall be permitted in the utility corridor overlay district, provided except as provided in this section.

Sec. 30-633. - Development standards and design guidelines.

(a)

Standards dependent upon slope. The following table establishes the maximum number of residential units per lot, maximum amount of grading per lot, and special provisions.

• Resulting fractions above 0.5 shall be rounded off to the next highest whole number.

(b)

Site design and architectural controls. The Director of Community Development shall require that the following architectural requirements are met:

(1)

Site design. The dimensions of a building must parallel to natural contour and shall be maximized in order to limit the amount of cutting and filling and to better fit the building to the natural terrain of the lot. Design of buildings shall be sensitive to the natural terrain, and the buildings shall be located so as to minimize necessary grading and preserve natural features. City policy requires that views of significant visual features, as seen from both within and outside a hillside area, be preserved. To further that policy, the following provisions shall be taken into consideration:

a.

Buildings and structures shall be oriented to allow and/or preserve view opportunities (view sheds). To this end, any person or persons applying for a building permit to construct, alter, enlarge or in anyway modify any structure shall demonstrate via a line of sight analysis that the construction, alteration, enlargement or modifications shall not in anyway restrict, block or alter the view shed from an existing residential structure. The line of site analysis shall be submitted concurrently with any application for development, alterations, expansion, etc., and is subject to review and approval by the Director of Community Development.

b.

Any significant public vista or view corridor as seen from a secondary, collector or major arterial right-of-way shall be protected;

c.

Development within the hillside overlay district lots shall utilize variable setbacks, multiple orientations and other site planning techniques to preserve open space, protect natural features and provide views to residents; and

d.

Development of prominent ridges is discouraged due to its potential harmful impact to significant public views and prominent ridgeline features. The City instead encourages development on those hillside areas that are a reasonable distance below prominent ridges in order to preserve and protect in their natural state.

(2)

Architectural controls. Each building or structure located within a hillside overlay district lot shall observe the following:

a.

No portion or architectural feature of a home shall exceed a height of 25 feet as measured from the natural grade at the point of measurement;

b.

All structures shall comply with the following:

1.

A building or structure shall be terraced to follow the slope of the pad.

2.

Appropriate architectural treatment shall be provided to all sides of each building or structure visible from adjacent properties, roadways, and public rightsof-way to ensure compatibility with adjacent uses.

3.

Exterior flood lighting for safety shall be shielded so as not to spill light on adjacent properties.

4.

Rooflines shall be accessible from at least two locations.

5.

Skirting of all support structures from view of any public right-of-way or adjoining property shall be required.

(c)

Retaining walls. Retaining walls associated with a building pad shall be located as follows:

(1)

Upslope (from a building or structure) walls shall not exceed four feet in height. Terraced retaining structures may be utilized when separated by a minimum of three feet and appropriate landscaping as approved by the Director of Community Development.

(2)

Down slope (from a building or structure) walls shall not exceed three feet in height. Where an additional retained portion of the lot is necessary due to unusual or extreme conditions, such as lot configuration, steep slope or road design, then the use of terraced retaining structures shall be considered on an individual lot basis. Terraced walls shall not exceed three feet in height and shall be separated by a minimum of three feet, with appropriate landscaping as approved by the Director of Community Development.

(d)

Guidelines in general. The following general guidelines are intended to assist those persons attempting to obtain development permits for hillside overlay district lots:

(1)

The form, mass and profile of the individual buildings, structures and architectural features should be designed to blend with the natural terrain and preserve the character and profile of the natural slope. Some techniques that may be considered include:

a.

Split pads, stepped footings and grade separations to permit the structure to step up the natural slope;

b.

Detaching parts of a dwelling such as a garage; and

c.

Avoidance of the use of gable ends on downhill elevations. The slope of the roof should be oriented in the same direction as the natural slope and should not exceed natural slope contour by more than 20 percent.

(2)

Excessive cantilevers on downhill elevations shall be avoided. The Planning Commission shall review on a case-by-case basis all proposed development incorporating a cantilevered structure, based upon a recommendation by the Director of Community Development.

(3)

The utilization of below grade rooms to reduce effective bulk and to provide energy efficient and environmentally desirable spaces. However, the visible area of the building shall be minimized through a combined use of regrading and landscaping techniques.

(4)

The use of roofs, on lower levels for decking shall be encouraged.

(5)

Building materials and color schemes should blend with the natural landscape of earth tones and natural, native vegetation growth.

(e)

Fencing. Walls and fences shall be approved on the fencing and landscaping plan if they are within the height limits applicable to walls and fences in this section and the R-1 zoning district. Wood fences shall not be permitted within any hillside overlay district. Walls and/or fences shall be constructed of masonry, decorative block, river rock or similar material as approved by the Director of Community Development.

(f)

Special regulations relative to domestic animals. The development of hillside areas for residential purposes may pose a threat to domestic animals which are kept out of doors, including dogs, cats, rabbits, horses and other domestic animals normally associated with single family residences. Hillside areas are home to several predatory species of animals such as coyotes, mountain lions, snakes and other such animals that prey on domestic animals kept as pets or for recreational uses. Therefore, the City encourages that owners of domesticated animals provide all reasonable protection to such animals in the event that they are allowed or kept out of doors and, therefore, subject to predatory animals that inhabit hillside areas.

(g)

Fire protection/suppression. Any development within a hillside overlay district shall comply with all applicable regulations of the Fontana Fire District and fire hazard overlay district.

Sec. 30-634. - Reserved.

DIVISION 5. - AUTO CENTER OVERLAY DISTRICT

Sec. 30-635. - Description of auto center overlay district boundary.

The Fontana Auto Center Overlay District is defined by those boundaries identified in the overlay district map (Figure 1). The project area is divided into four separate planning areas. Planning area 1 contains approximately 81.5 gross acres and is generally located adjacent to the south side of the 210 Foothill Freeway, along both sides of South Highland Avenue, between Sierra Avenue on the East and Citrus Avenue on the West. Planning area 2 contains approximately 11.5 gross acres and includes the existing shopping center on the northeast corner of Sierra Avenue and South Highland Avenue, adjacent to the 210 Foothill Freeway, within the Walnut Village Specific Plan Area. Planning area 3 contains approximately 25 gross acres and is located between Citrus Avenue and Oleander Avenue, south of South Highland Avenue. Planning area 4 contains approximately 6.5 gross acres and is located at the northwest corner of Sierra Avenue and South Highland Avenue.

(Ord. No. 1955, § 4(Exh. A), 9-10-24)

Sec. 30-636. - Purpose and intent.

(a)

The Fontana Auto Center Overlay District is intended to reserve certain specified properties for certain types of uses within the four planning areas. Planning area 1 is reserved primarily for automobile retail sales, service and related uses. Planning area 2 is reserved primarily for gas stations and restaurants. Planning area 3 allows all uses within both planning areas 1 and 2. Planning area 4 allows new vehicle dealerships and a variety of conditionally permitted uses that are complimentary to the adjacent planning area 1.

The overlay district promotes the development of a coordinated and well-planned "auto center." It would consist primarily of new car and truck dealerships, many of which would have direct frontage along the south side of the 210 Freeway.

Planning area 2, located within the Walnut Village Specific Plan Area would contain gas stations, a car wash, food court, restaurants, drive-through fast food and other related commercial uses needed to support the auto center.

These four planning areas will have unique design features that enhance the major gateways into the northern part of Fontana from the 210 Freeway. This includes:

• Architectural styles that complement adjacent developing areas;

• A defined landscape plant palette along the public rights-of-way and required setback areas;

• Coordinated auto display areas along South Highland Avenue, Sierra Avenue and Citrus Avenue;

• A common design theme for certain signage, hardscape treatments, lighting and water features;

• Edge treatments along the 210 Freeway frontage that present a positive image for the City; and

• Enhanced corner statements at Sierra Avenue and South Highland Avenue, Citrus Avenue and South Highland Avenue, and the 210 Freeway and Sierra Avenue.

The use of the development standards and design guidelines contained herein are intended to foster the following objectives for development within the overlay district:

(1)

Encourage the consolidation of automobile dealerships into an "auto center" that encourages shopping at multiple, adjacent dealerships.

(2)

Provide for adequate circulation that allows safe and easy access from the adjacent 210 Freeway, Sierra Avenue and Citrus Avenue, on to South Highland Avenue.

(3)

Provide development standards that set forth requirements for high quality site planning and design, architecture, landscaping, hardscape, lighting and water features, that results in a sense of quality and vitality in northern Fontana.

(4)

Provide for appropriate signage designed to meet the identification and advertising needs of the automobile dealerships and other allowed uses within the overlay district, while presenting a coordinated design theme that is pleasing to the public.

(5)

Provide minimum development standards to which all construction within the overlay district must adhere.

(6)

Ensure adequate protection for existing adjacent residential uses in Walnut Village Specific Plan and east of Citrus Avenue.

(b)

All projects within the four planning areas involving new construction are required to be in compliance with the development standards and design guidelines set forth within the Fontana Auto Center Overlay District. The design guidelines are intended to provide direction to developers within the overlay district to encourage the orderly and harmonious design of structures, landscaping, hardscape, signage, lighting, water features, walls, fences and accessory structures. The guidelines establish a standard for design quality while maintaining flexibility for individual expression and imaginative design solutions.

Sec. 30-637. - Definitions.

All words and phrases used in the Fontana Auto Center Overlay District shall have the same meaning as contained within the Fontana Municipal Code, unless the context requires clarification from City staff and/or elected and appointed officials.

Sec. 30-638. - Fontana auto center overlay district project area boundary.

The map entitled "Fontana Auto Center Overlay District" is adopted as a part of this overlay district (Figure 1) and defines the boundaries of the four planning areas.

Sec. 30-639. - Authority and requirements.

The Fontana Auto Center Overlay District shall be applied to those properties located within the overlay district area, in addition to the land use regulations set forth in Chapter 30 of the Fontana Municipal Code. This overlay district modifies certain regulations contained in Chapter 30 of the Code, as enumerated herein. If there is a conflict with Chapter 30, the overlay district shall prevail.

Figure 1. Fontana Auto Center Overlay District Planning Area Boundaries Map

==> picture [235 x 336] intentionally omitted <==

(Ord. No. 1880, § 6(Exh. A), 1-25-22; Ord. No. 1909, § 4(Exh. A), 12-13-22; Ord. No. 1955, § 4(Exh. A), 9-10-24; Ord. No. 1880, § 6(Exh. A), 1-25-22)

Sec. 30-640. - Permitted uses.

The overlay district permits only the following land uses.

(1)

Planning area 1—Auto center.

a.

Principal uses.

1.

New vehicle dealerships oriented primarily toward the sale of new passenger vehicles and light-to-medium weight trucks [less than 22,000 pounds gross vehicle weight (GVW)].

b.

Accessory uses. As an integral part of, but accessory to the operation of a new vehicle dealership, the following uses shall be permitted subject to approval through the design review process:

1.

Vehicle parts and accessories supply and sales as an integral, but secondary part of operating a new vehicle sales facility.

2.

Vehicle service and repair as an integral, but secondary part of operating a new vehicle sales facility.

3.

Used vehicle sales as an integral, but secondary part of operating a new vehicle sales facility.

4.

Vehicle leasing and rentals as an integral, but secondary part of operating a new vehicle sales facility.

5.

Utility infrastructure.

6.

Other accessory uses as determined by the Director of Planning to be substantially compatible with the principal permitted use of new vehicle dealerships.

c.

Conditionally permitted uses.

1.

Collision repair and auto body work.

2.

Paint spray booths.

3.

Specialty vehicle sales, including recreational vehicles and motorcycles.

4.

Other uses as determined by the Director of Planning to be substantially compatible with the principal permitted use of new vehicle dealerships.

d.

Prohibited uses.

1.

Any use of land not specifically identified in this overlay for planning area 1 is expressly prohibited from the Fontana Auto Center Overlay District.

2.

Any use not fully enclosed within a building except vehicle sales, display and storage areas.

3.

All uses of land that are found by the Planning Commission or City Council to be objectionable by reason of noise, odor, dust, smoke, vibration or similar causes shall be prohibited pursuant to Chapter 30 of the Fontana Municipal Code.

(2)

Planning area 2—Auto center supporting uses. The Walnut Village Specific Plan designates planning area 2 for general commercial uses. The following overlay district principal uses and conditionally permitted uses are consistent with the land uses allowed by the specific plan:

a.

Principal uses.

1.

Sit-down restaurant.

2.

Food court.

3.

Sit-down fast food restaurant (excludes drive-thrus).

b.

Accessory uses.

1.

Utility infrastructure.

c.

Conditionally permitted uses. The following uses are permitted only after a conditional use permit has been approved by the City:

1.

Gas station.

2.

Car wash.

3.

Drive-through fast food restaurant.

4.

Vehicle parts, supplies, accessories stores and installations.

5.

Vehicle leasing and rental.

6.

Other uses as determined by the Director of Planning to be substantially compatible with the principal permitted uses.

d.

Prohibited uses.

1.

Any use of land not specifically identified in this overlay for planning area 2 is expressly prohibited from the Fontana Auto Center Overlay District.

2.

All uses of land that are found by the Planning Commission or City Council to be objectionable by reason of noise, odor, dust, smoke, vibration or similar causes shall be prohibited pursuant to Chapter 30 of the Fontana Municipal Code.

(3)

Planning area 3—Auto center and auto center supporting uses. Planning area 3 allows all uses within planning areas 1 and 2.

a.

Principal uses.

New vehicle dealerships oriented primarily toward the sale of new passenger vehicles and light-to-medium weight trucks (less than 35,000 pounds gross vehicle weight (GVW).

2.

Sit-down restaurant.

3.

Food court.

4.

Sit-down fast food restaurant (excludes drive-thrus).

5.

Grocery store.

6.

Other uses as determined by the Director of Planning.

b.

Accessory uses. As an integral part of, but accessory to the operation of a new vehicle dealership, the following uses shall be permitted subject to approval through the design review process:

1.

Vehicle parts supply and sales as an integral, but secondary part of operating a new vehicle sales facility.

2.

Vehicle service and repair as an integral, but secondary part of operating a new vehicle sales facility.

3.

Used vehicle sales as an integral, but secondary part of operating a new vehicle sales facility.

4.

Vehicle leasing and rentals as an integral, but secondary part of operating a new vehicle sales facility.

5.

Carwash, but secondary part of operating a new vehicle sales facility.

6.

Other accessory uses as determined by the Director of Planning to be substantially compatible with the permitted use.

c.

Conditionally permitted uses. The following uses are permitted only after a conditional use permit has been approved by the City:

1.

Specialty vehicle sales, including recreational vehicles and motorcycles.

2.

Seniors housing.

3.

Gas station.

Car wash.

Drive-through fast food restaurant.

6.

Vehicle parts, supplies, accessories stores and installations.

7.

Vehicle leasing and rental.

8.

Hotel.

9.

Other uses as determined by the Director of Planning to be substantially compatible with the principal permitted use of new vehicle dealerships.

d.

Prohibited uses.

1.

Any use of land not specifically identified in this overlay for planning area 3 is expressly prohibited from the Fontana Auto Center Overlay District.

2.

Any use not fully enclosed within a building except vehicle sales, display and storage areas.

3.

All uses of land that are found by the Planning Commission or City Council to be objectionable by reason of noise, odor, dust, smoke, vibration or similar causes shall be prohibited pursuant to Chapter 30 of the Fontana Municipal Code.

(4)

Planning area 4—Auto center and auto center complimentary uses.

a.

Principal uses.

1.

New vehicle dealerships oriented primarily toward the sale of new passenger vehicles and light-to-medium weight trucks (less than 22,000 pounds gross vehicle weight (GVW).

b.

Accessory uses. As an integral part of, but accessory to the operation of a new vehicle dealership, the following uses shall be permitted subject to approval through the design review process:

1.

Vehicle parts and accessories supply and sales as an integral, but secondary part of operating a new vehicle sales facility.

2.

Vehicle service and repair as an integral, but secondary part of operating a new vehicle sales facility.

3.

Used vehicle sales as an integral, but secondary part of operating a new vehicle sales facility.

4.

Vehicle leasing and rentals as an integral, but secondary part of operating a new vehicle sales facility.

5.

Carwash, but secondary part of operating a new vehicle sales facility.

6.

Other accessory uses as determined by the Director of Planning to be substantially compatible with the principal permitted use of new vehicle dealerships.

c.

Conditionally permitted uses.

1.

Sit-down restaurant.

2.

Hotel.

3.

Specialty vehicle sales, including recreational vehicles and motorcycles.

4.

Automobile, passenger van, and pick-up truck rated one-ton or less (carrying weight) rental.

5.

Other retail uses as determined by the Director of Planning to be substantially compatible with the principal permitted use of new vehicle dealerships.

d.

Prohibited uses.

1.

Any use of land not specifically identified in this overlay for planning area 4 is expressly prohibited from the Fontana Auto Center Overlay District.

2.

Any use not fully enclosed within a building except vehicle sales, display and storage areas.

3.

All uses of land that are found by the Planning Commission or City Council to be objectionable by reason of noise, odor, dust, smoke, vibration or similar causes shall be prohibited pursuant to Chapter 30 of the Fontana Municipal Code.

(Ord. No. 1880, § 6(Exh. A), 1-25-22)

Design review and/or a conditional use permit approval shall be required for all projects located within the overlay district pursuant to the requirements of Chapter 30 of the Fontana Municipal Code. Projects under 10,000 square feet in size can be approved administratively by City staff.

Site planning shall involve careful consideration of the project site, adjacent properties and how the project fits into the overall context of the Fontana Auto Center Overlay District.

(1)

Planning area 1—Auto center.

a.

Locate structures and vehicle display areas on each site to enhance the architecture of the auto dealership building and to maximize vehicle displays.

b.

The location of structures shall take into consideration the existing and/or future location of buildings on adjoining properties. Solid block walls adjacent to the 210 Freeway right-of-way are prohibited. Solid block walls that divide adjacent auto dealerships are discouraged, unless controlled pedestrian and vehicle connections are provided for.

c.

Vehicular access and circulation within auto dealerships shall be controlled with properly sized and spaced drive aisles to ensure safe ingress and egress.

d.

All service bays shall be located in such a manner so they are not visible from any public right-of-way, including the 210 Freeway.

e.

All dealerships shall provide attractive, direct and safe pedestrian access and circulation. There should also be convenient pedestrian connections between dealerships.

f.

Locate customer-oriented uses on the ground level of all auto dealership buildings. Business office space and other uses not dependent on customer traffic should be located on upper levels.

g.

There shall be a coordinated landscape setback for all dealerships along South Highland Avenue, Cypress Avenue, Juniper Avenue, Oleander Avenue, and any new streets constructed within the overlay district.

h.

There shall be coordinated, elevated vehicle display pads for all dealerships located along South Highland Avenue. The vehicle display pads are allowed to encroach within the landscape setback area along South Highland Avenue.

i.

Textured hardscape is required at all major driveway entrances and on vehicle display pads.

j.

On-site exterior lighting shall comply with lighting criteria, as set forth within this overlay district. Creative lighting designs and reinforcement of lighting intensity for highlighting purposes of vehicle pad displays, signage and other merchandising areas are encouraged.

k.

Vehicle loading and unloading shall be provided on-site. Access to loading and service bays should be separated from customer parking areas wherever feasible. Adequate stacking distance shall be provided on-site for car carrier trucks. Adequate stacking distance is also required on-site when the dealership is closed and gates are locked.

l.

There shall be coordinated edge treatments along the 210 Freeway right-of-way and between dealerships that enhances the visual appearance of this Gateway area into northern Fontana. Solid masonry block walls are not allowed along the Freeway right-of-way. The edge treatment shall consist of decorative pilasters connected by tubular wrought iron fencing.

m.

The intersections of Sierra Avenue/South Highland Avenue, and Citrus Avenue/South Highland Avenue shall have special corner focal point treatments with Gateway features that include theme landscaping, water features, display pads, arches and appropriate monument signage.

(2)

Planning area 2—Auto center supporting uses.

a.

Allow uses that complement and provide service to the auto center dealerships.

b.

Development proposed on the southeast side of South Highland Avenue in planning area 2 must demonstrate compatibility with adjacent and nearby Walnut Village Specific Plan residences through creative site planning, setbacks, landscaping and other design and land use considerations.

c.

Design all gas stations "reversed out" with building facilities backed up to the right-of-way setback line and the pump islands to the interior.

d.

The location of structures shall take into consideration the existing and/or future location of buildings on adjoining properties. Solid block walls between adjacent uses are discouraged and pedestrian connections are encouraged.

e.

There shall be a coordinated landscape setback for all uses along South Highland Avenue, and any new streets constructed within planning area 2.

f.

Textured hardscape is required at all major driveway entrances.

g.

On-site exterior lighting shall comply with lighting criteria, as set forth within this overlay district.

h.

There shall be coordinated edge treatments along the 210 Freeway right-of-way between Sierra Avenue and Mango Avenue that enhances the visual appearance of this Gateway area into Northern Fontana. Solid masonry block walls are not allowed along the Freeway right-of-way.

i.

The intersections of Sierra Avenue and South Highland Avenue shall have special corner focal point treatments with Gateway features that include theme landscaping, water features, arches and appropriate monument signage.

(3)

Planning areas 3 and 4. All site planning criteria for planning areas 1 and 2 apply to planning areas 3 and 4.

Sec. 30-643. - Minimum development standards.

The minimum site development standards listed in this section shall only apply to the specific planning area within the overlay district.

(1)

Planning area 1—Auto center development standards.

a.

Building and parking setbacks.

1.

All buildings and parking, except for vehicle display pads and allowed monument signs, shall be setback from all street property lines as follows:

Sierra Avenue: 25 Feet

Citrus Avenue: 15 Feet

South Highland Avenue: 15 Feet

Secondary Streets: 10 Feet

Collector Streets: 10 Feet

Local Streets: 10 Feet

2.

Vehicle display pads shall have no required setback and shall be allowed to encroach into the landscape setback. Adequate site distance must be demonstrated at street intersections and driveway entrances for each vehicle display pad. Display pads shall not exceed 14 inches in height as measured from the sidewalk grade.

3.

Monument signs are required to be set back a minimum of five feet from the street property line.

b.

Building height.

1.

Buildings and other structures shall not exceed a maximum of 60 feet in height as measured from the top of curb located adjacent to the street property line to the highest building ridge.

c.

Lot coverage.

1.

No more than 50 percent of the net lot area may be covered with buildings or other structures.

d.

Off-street parking and circulation.

1.

Required off-street parking spaces for vehicle dealerships shall be provided at the following ratios:

Show Room: One space per 300 square feet.

Service Area: One space per 300 square feet.

Outdoor Display: One space per 2,500 square feet.

Employees: One space per employee on the maximum shift.

Note: Service department parking/stacking is counted and included as required parking spaces.

2.

Except for vehicle display pads, all parking spaces shall be a minimum of nine feet wide and 19 feet deep.

3.

Drive aisle widths are required to be 26 feet wide, unless otherwise required by the San Bernardino County Fire Department.

4.

Driveway approaches on South Highland Avenue are required to be 55 feet deep to allow for adequate stacking distance if entry gates are closed. Driveways must demonstrate adequate turning movement widths for car carrier trucks, per the City of Fontana Traffic Engineer.

e.

Landscaping.

1.

All vehicle dealerships shall have a minimum of 15 percent landscaping of the net project site (minus the dealership building footprint). A maximum of seven percent of the required landscape area can be provided as decorative hardscape, including vehicle display pads and driveway approaches.

2.

Required setback areas shall be landscaped with trees, shrubs, plants, grasses and hardscape as set forth within the overlay district landscape design guidelines plant palette.

3.

There shall be a five-foot landscape setback between abutting auto dealership display areas.

f.

Lighting.

1.

On-site lighting plans shall be submitted showing the design, intensity, layout and exact fixture mounting.

2.

Lighting plans shall be consistent with the lighting design criteria and guidelines set forth within this overlay district.

3.

Shielded fixtures that direct all lighting downward shall illuminate areas used for vehicle display.

4.

"Front row" on site dealership lighting closest to South Highland Avenue shall not exceed 20 feet in height and shall have no more than three fixtures per standard at a minimum of 30 feet on center. The interior of the display area shall be illuminated by fixtures no closer than 60 feet to the front line of display lights. These fixtures shall be on standards no higher than 28 feet, they shall be spaced no closer than 60 feet on center, and shall have no more than four fixtures per standard.

5.

Service, storage and employee parking areas shall have light standards no taller than 20 feet in height.

All lighting fixtures shall be properly shielded to prevent off-site glare. Spot fixtures shall only be downward directed, except at strategic vehicle pad displays, monument signs and other landscape locations along the project's perimeter.

7.

Strings of incandescent fixtures are not allowed in any exterior dealership area.

g.

Walls, fences and screening. Walls and fences constructed on an interior lot line, at the rear of the required landscape setback area, or along the 210 Freeway right-of-way shall comply with the development standards set forth herein.

1.

Walls shall not exceed eight feet in height, except that within the required building and parking landscaped setback, vehicle pad display areas, walls may not exceed three feet in height.

2.

All perimeter walls and fences shall be designed to be consistent with the design guidelines set forth herein.

3.

Chain link fencing and all types of barbed wire are prohibited, except that chain link fencing is allowed during construction for security purposes.

4.

The Freeway edge treatment shall consist of eight-foot tall pilasters at 30 feet on center with tubular or wrought iron fencing between pilasters. These pilasters shall be consistent with the design as set forth within the auto center design guidelines.

5.

Pilasters located within 90 feet of South Highland Avenue shall also be eight-foot tall at 30 feet on center with tubular or wrought iron fencing between pilasters. These pilasters will also be covered with flagstone that matches the monument sign flagstone required along South Highland Avenue, consistent with the design as set forth within the auto center design guidelines.

6.

Solid eight-foot tall block walls located within the interior of auto dealerships are permitted, provided they are not visible from the public rights-of-way. Security walls that are visible from public rights-of-way shall consist of solid walls limited to three feet in height with pilasters on top that are limited to five feet in height (eight feet total height) and tubular or wrought iron fencing between pilasters.

7.

All service, trash and employee parking areas shall be screened from view from all public streets by walls and approved fencing. No storage areas shall be visible from any public right-of-way, including the 210 Freeway.

8.

Roof mounted mechanical equipment shall be screened and not be visible from any public rights-of-way, including the 210 Freeway. Roof mounted equipment screening techniques shall involve an integrated architectural design element which is compatible with the architectural design of the dealership building.

9.

Solid block walls eight feet tall are required on the property line adjacent to A.B. Miller High School and Warren Ruble Middle School.

h.

Sound attenuation.

1.

All air compressor exhaust stacks shall contain noise-muffling devices.

2.

Exterior loud speakers shall not be mounted higher that ten feet above finished grade, and shall be oriented toward the interior of each dealership.

(2)

Planning area 2—Auto center supporting uses.

a.

Building setbacks.

1.

All buildings and parking areas, except for allowed monument signs, shall be setback from all street property lines as follows:

Sierra Avenue: 25 Feet

South Highland Avenue: 20 Feet

Mango Avenue: 15 Feet

210 Freeway Right-of-way: 5 Feet

2.

Monument signs are required to be set back a minimum of five feet from the street property line, and must comply with site distance traffic standards at all street corners and driveway entrances.

b.

Building height.

1.

Buildings and other structures shall not exceed a maximum of 60 feet as measured from the top of curb located adjacent to the street property line to the highest building ridge.

c.

Lot coverage:

1.

No more than 50 percent of the net lot area may be covered with buildings or other structures.

d.

Off-street parking and circulation.

1.

Required off-street parking spaces for retail shall be provided at the ratio set forth in Chapter 30 of the Fontana Municipal Code.

2.

All parking spaces shall be a minimum of nine feet wide and 19 feet deep.

3.

Drive aisle widths are required to be 26 feet wide unless otherwise required by the San Bernardino County Fire Department.

e.

Landscaping.

1.

All retail commercial uses shall have a minimum of 15 percent landscaping of the net project site (minus the building footprint).

2.

Required setback areas shall be landscaped with trees, shrubs, plants, grasses and hardscape as set forth within the overlay district landscape design guidelines plant palette.

3.

For projects that are adjacent to the 210 Freeway right-of-way, there shall be a minimum five-foot wide landscape strip planted with trees and shrubs.

4.

Solid block walls adjacent to the 210 Freeway right-of-way are prohibited. The Freeway edge treatment shall consist of eight-foot tall pilasters at 30 feet on center with tubular or wrought iron fencing between pilasters. These pilasters shall be consistent with the design as set forth within the auto center design

guidelines.

f.

Lighting.

1.

On-site lighting plans shall be submitted showing the design, intensity, layout and exact fixture mounting. Lighting plans shall be reviewed City Staff.

2.

Lighting plans shall be consistent with the lighting design criteria and guidelines set forth within this overlay district.

3.

Shielded fixtures shall direct all lighting downward, and shall illuminate areas used for parking and driveways.

4.

All exterior areas shall have light standards no taller than 20 feet in height.

5.

All lighting fixtures shall be properly shielded to prevent off-site glare. Spot fixtures shall only be downward directed, except at strategic areas such as monument signs and other landscape locations along the project's perimeter.

6.

Strings of incandescent fixtures are not allowed in any exterior commercial area.

g.

Walls, fences and screening. Walls and fences constructed on an interior lot line, at the rear of the required landscape setback area, or along the 210 Freeway right-of-way shall be in keeping with the development standards set forth herein.

1.

Walls shall not exceed eight feet in height, except that within the required building and parking landscaped setback, walls may not exceed three feet in height.

2.

All walls shall be constructed of split face or masonry material that is compatible with the building design.

3.

Chain link fencing and all types of barbed wire are prohibited, except that chain link fencing is allowed during construction for security purposes.

4.

All service and trash enclosure areas shall be screened from view from all public streets by walls and approved fencing, wherever feasible. No storage areas shall be visible from any public right-of-way, including the 210 Freeway.

5.

Solid block walls are prohibited. Wall edge treatments shall consist of eight-foot tall pilasters at 30 feet on center with tubular or wrought iron fencing between pilasters. These pilasters shall be consistent with the design as set forth within the auto center design guidelines.

6.

Roof mounted mechanical equipment shall be screened and not be visible from any public rights-of-way, including the 210 Freeway. Roof mounted equipment screening techniques shall involve an integrated architectural design element which is compatible with the architectural design of the commercial building.

h.

Sound attenuation.

1.

A drive-through lane is not permitted adjacent to any parcel of land that is zoned for residential use.

(3)

Planning areas 3 and 4.

a.

All minimum site development standards listed in planning areas 1 and 2 apply to planning areas 3 and 4.

• (Ord. No. 1880, § 6(Exh. A), 1-25-22; Ord. No. 1906, § 70, 10-25-22; Ord. No. 1951, § 4(Exh. A), 5-28-24)

Sec. 30-644. - Signs and site advertising regulations.

(a)

Purpose and intent. Signage and site advertising are key factors and an important aspect of the auto center project. Freeway oriented signs, dealership and other business identification signs, directional signs, banners and other types of advertising are critical to the success of the auto center. The purpose and intent of the signs and advertising regulations section of the Fontana Auto Center Overlay District are:

• To promote the economic success of the Fontana Auto Center;

• To set forth a coordinated signage and advertising program for the overlay district that identifies this area as a major gateway into northern Fontana;

• To safeguard and enhance property values;

• To protect public and private investments in property and buildings;

• To preserve and enhance the appearance of Fontana as a place to live and work, and as an attraction to non-residents who come to visit, shop or recreate;

• To encourage sound signing practices as an aid to businesses and for conveying information to the public;

• To prevent excessive and confusing sign displays;

• To reduce hazards to motorists and pedestrians;

• To promote public health, safety and general welfare by regulating and controlling all matters relating to signage and advertising;

(b)

Authority and requirements. The Fontana Auto Center Overlay District Sign and Advertising Standards shall be applied to those properties located within the overlay district area, in addition to the sign and advertising regulations set forth in Chapter 3 of the Fontana Municipal Code. This overlay district modifies certain regulations contained in Chapter 3 of the Code, as enumerated herein. If there is a conflict with Chapter 3, the overlay district standards shall prevail.

No sign shall be erected, re-erected, constructed, installed or altered except as provided for in these development regulations, and/or Chapters 3 and 30 of the Fontana Municipal Code. A sign permit must be obtained from the Building and Safety Division prior to the construction or installation of all permanent and temporary signs within the overlay district.

No sign shall be erected or used for business purposes of any kind, except such signs that are located on the place of business, and used solely for the naming, designating, or identifying that specific business, enterprise, product or services available on and within the premises.

The Fontana Auto Center Overlay District is designated, and shall be considered a "commercial complex." All applications for approval of signs shall be submitted to the City in the form of a design review sign application. The sign application shall outline and present the type, size, height, composition, location, color and design of all signs, banners and other types of exterior advertising to be constructed or installed. No sign, banners or other advertising shall be installed unless it conforms to an approved design review sign permit.

(c)

Permitted signs. All permitted signs shall file an application for, and obtain an approved design review sign permit. A sign permit must be obtained from the Building and Safety Division prior to the construction or installation of any permitted permanent and temporary signs within the Fontana Auto Center Overlay District.

(1)

Planning area 1—Auto center signage standards.

a.

Auto center identification sign. The overall freestanding auto center identification sign with an electronic message board is allowed within the overlay district. This sign is allowed subject to the approval of a conditional use permit. This identification sign's location, size, height, design, composition, message board size, copy, area of copy, colors and materials shall be part of the conditional use permit application. At a minimum, the auto center identification sign shall identify the "Fontana Auto Center" and the "Fontana Promenade," and shall include an electronic message board.

b.

Auto center gateway signs. One monument sign located at the northeast corner of South Highland and Citrus Avenue up to 30 feet tall that identifies the individual auto dealership name brand or their logo/symbol, per the design guidelines set forth in the Fontana Auto Center Overlay District. The maximum size of the dealership's combined name and logo on these monument signs is 36 square feet.

1.

Temporary auto center gateway signs may be permitted prior to the construction of the permanent auto center gateway sign(s) as described above; one temporary sign shall be permitted at the end of the auto center on Citrus Avenue.

i.

The temporary auto center gateway sign shall be removed, prior to the issuance of a building permit for the permanent sign.

ii.

The sign permitted in the above provision shall provide direction and identification only to dealerships located in the auto center overlay district.

iii.

Each individual auto dealership's name brand and/or their logo/symbol may be located on each temporary sign.

iv.

The size of the temporary auto center gateway sign shall not exceed ten feet in height and the width shall not be more than four feet.

v.

The temporary sign shall be designed, constructed and installed to the satisfaction of the Director of Community Development as a design review sign on forms provided by the Planning Division.

c.

Building mounted signs. One wall sign is allowed per elevation fronting a parking lot or street that identifies the dealership's brand name and the dealership's logo or symbol. The maximum size of the signs and/or logo that fronts the 210 Freeway or South Highland Avenue is 400 square feet, provided the 400 square foot requirement for elevations facing South Highland Avenue is not exceeded, a secondary wall sign may be permitted provided it identifies only the ownership name or city. The maximum size of the signs and/or logo on any other elevation is limited to a total of 250 square feet. The maximum height is 40 feet on the building.

d.

Monument signs. One monument sign is allowed for each 200 linear feet of frontage that identifies the dealership's name and their logo or symbol. The maximum height is 12 feet above finished grade. The maximum size of the monument sign is 36 square feet, excluding the required design theme base. This monument sign is required to be set back a minimum of five feet from the street property line and must comply with site distance traffic standards. The design of the base of all monument signs must comply with the coordinated design theme set forth in the following design guidelines for the Fontana Auto Center Overlay District.

e.

Pylon signs. One main brand pylon sign shall be allowed for each dealership. Each dealer will be allowed to choose one of the following height and location requirements: a) a pylon sign not to exceed 30 feet in height with a maximum 100 square feet sign face abutting the I-210 Freeway; b) a pylon sign not to exceed 40 feet in height with a maximum 144 square feet sign face abutting the south edge of the freeway frontage road (old Highland Avenue); c) a pylon sign not to exceed 50 feet in height with a maximum 225 square feet sign face located a minimum 75 feet from the 1-210 freeway. Note that the 50-foot pylon sign is meant to be located adjacent to the rear of the main building and is in no case allowed between the main building and South Highland Avenue.

f.

Service department directional signs. Up to three wall mounted directional signs indicating service department entrance and exit lanes or other additional services, such as oil change or quick lube are allowed above the entrance of the service department. The maximum letter height of each sign shall not exceed two feet or exceed 34 square feet in area.

g.

On-site signs. On-site signs that identify the service and parts departments, and auto display area signs that identify specific types of vehicles. The maximum size of each on-site sign is 16 square feet.

h.

Vehicle display pad signs. One dealership vehicle brand logo or symbol is allowed on the front of the vehicle display pad. Each display pad at prominent corners shall also have a city designed and approved sign that states "Fontana Auto Center." The maximum size of the vehicle logo/symbol is five square feet.

i.

Window signs. Window signs provided that not more than 25 percent of the window area is obscured.

j.

Directional signs. Directional signs for customer parking, service entrance and auto carrier trucks are allowed in required setback areas, subject to City approval. The size, location, height, design, color and materials of each proposed directional sign is subject to approval as a part of the design review sign permit process. The maximum size of each on-site sign is 15 square feet.

k.

Temporary signs. One temporary sign can also be allowed to acknowledge future dealership locations. "Future home of" signs are required to be removed prior to the issuance of the certificate of use and occupancy. Temporary for sale or lease signs are allowed.

l.

Banners. Banners attached to on-site light standards are allowed. Light standard banners shall not add any height above the light fixtures, and are limited to five square feet in size. Banners attached to the main dealership building, interior walls or trees are not allowed.

(2)

Planning area 2—Auto center supporting uses.

a.

Freeway pylon sign. Sign area shall be calculated by enclosing the extreme limits of all letters, logo, or other display within a single continuous perimeter composed of square or rectangles with no more than eight lines.

==> picture [218 x 94] intentionally omitted <==

1.

The freeway pylon sign requires a design review by the Planning Commission that may be approved, conditionally approved, or denied, as provided in Chapter 30, subject to the following requirements:

i.

Incorporate the logo and/or project identity of the center as well as the City of Fontana logo and name.

ii.

Be double faced and sited perpendicular to the I-210 Freeway.

iii.

Only businesses and/or tenants within the shopping center shall be allowed on the freeway pylon sign.

iv.

The freeway pylon sign can incorporate up to six tenant names.

v.

Maximum tenant letter height shall be six feet for a single-line copy sign and a maximum height of seven feet for a double-line copy sign. Channel letters are required.

vi.

Maximum freeway sign height shall be 60 feet from finished grade. An additional five-foot height increase may be approved by the Planning Commission if the sign incorporates the city name at the top of the sign.

vii.

Maximum sign area shall be 250 square feet per sign face.

viii.

Colors on the sign and structural members should be harmonious with one another and relate to the dominant colors of the other structures on the site.

b.

For all other signs within Planning Area 2, the standards, regulations and control of the location, size, type and number two shall be governed by the provisions of the sign criteria set forth in Chapter 3 and design review criteria in Chapter 30 of the Fontana Municipal Code.

(3)

Planning area 3—Auto center and supporting uses.

a.

The standards, regulations and control of the location, size, type and number of signs located within planning area 3 shall be governed by the provisions set forth in Section 30-644(c), and by the sign criteria set forth in Chapter 3 and design review criteria in Chapter 30 of the Fontana Municipal Code.

(4)

Planning area 4—Auto center and complimentary uses.

a.

The standards, regulations and control of the location, size, type and number of signs located within planning area 4 shall be governed by the provisions set forth in Section 30-644(c), and by the sign criteria set forth in Chapter 3 and design review criteria in Chapter 30 of the Fontana Municipal Code.

(d)

Prohibited signs. The following types of signs are expressly prohibited within the Fontana Auto Center Overlay District:

(1)

Roof signs.

(2)

Flashing signs.

(3)

Projecting signs.

(4)

Portable signs.

(5)

Revolving signs.

(6)

Painted signs.

(7)

Animated signs, except for the City's overall freeway identification sign.

(8)

Strings of flags or banners between light fixtures, trees or buildings.

(9)

Banners that add height to light standards.

(e)

Signs not subject to the design review sign permit process. The following types of signs do not require permits from the City:

(1)

The changing of advertising copy or messages on electronic message boards.

(2)

Window signs that do not obscure over 25 percent of the total window area.

(3)

Real estate signs, City traffic control signs and City directional signs.

(4)

Non-advertising signs of utility companies on equipment cabinets and meters.

The following Fontana Auto Center Overlay District Design Guidelines set forth conceptual design sketches for prominent areas within the overlay district. The design guidelines address the following key areas within the auto center overlay district:

(1)

Gateway corner treatments—Corner of Sierra Avenue and South Highland Avenue;

(2)

Auto center corner treatment for the Northwest corner of Sierra Avenue and South Highland Avenue;

(3)

Planning area 2 corner treatment;

(4)

South Highland Avenue design concepts;

(5)

South Highland Avenue monument signs;

(6)

South Highland Avenue vehicle display pads;

(7)

Freeway edge treatment—View from the Freeway;

(8)

Freeway edge treatment—Pilaster design;

(9)

Pilaster design within 90 feet of South Highland Avenue.

In addition to these conceptual design sketches, these design guidelines contain a landscape plant palette (Appendix A), and an exterior lighting study (Appendix B). The plant palette sets forth guidelines for plantings at main intersections, near entry monuments, and along the 210 Freeway right-of-way. It also provides color photographs of the trees, plants and shrubs included in the plant palette. The exterior lighting study sets forth suggested lighting guidelines and restrictions, common area lighting strategies and specifications for lighting fixtures.

Gateway corner treatments

==> picture [268 x 167] intentionally omitted <==

Auto center corner treatment—Northwest corner of Sierra Avenue and South Highland Avenue

==> picture [251 x 243] intentionally omitted <==

South Highland Avenue design concepts—View looking west within the auto center

==> picture [251 x 274] intentionally omitted <==

South Highland Avenue monument signs—Name brand signs

==> picture [251 x 242] intentionally omitted <==

South Highland Avenue vehicle display pads

==> picture [251 x 237] intentionally omitted <==

Freeway edge treatment—View from the Eastbound Foothill Freeway

==> picture [251 x 373] intentionally omitted <==

Pilaster design within 90 feet of South Highland Avenue

DIVISION 6. - WAREHOUSING DISTRIBUTION/LOGISTICS OVERLAY DISTRICT (SIERRA AVENUE)

Sec. 30-646. - Warehousing distribution/logistics overlay district regulations.

(a)

Applicability. The provisions of this division may be applied to any property with a general plan land use designation of regional mixed use (RMU), and a zoning designation of regional mixed use (R-MU), located on the east side of Sierra Avenue and north of Interstate 210 (I-210) as identified in Figure 1.

Figure 1

==> picture [235 x 279] intentionally omitted <==

(b)

Relation to underlying zoning. The warehousing distribution/logistics overlay district is a flexible designation that is intended to apply in conjunction with, or as an alternative to the provisions in the underlying zoning. When utilized in conjunction with the underlying zone, if the provisions of this division are in conflict with the provisions of the underlying zoning district, the provisions of this division shall apply.

(c)

Intent. The intent of the warehousing distribution/logistics overlay district is to provide for the limited, well planned and orderly development of warehousing distribution/logistic uses on properties within the R-MU zone located on the east side of Sierra Avenue, north of Interstate 210 (I-210), and south of Casa Grande Drive. Additionally, the further intent of this overlay district is to eliminate or adequately mitigate adverse impacts on the community related to such developments and, therefore, projects taking advantage of the overlay development regulations shall be required to provide access to Mango Avenue, thereby limiting and/or prohibiting access onto Sierra Avenue, unless otherwise approved by the Planning Commission and/or the City Council.

(d)

Access. In line with Section 30-646(c), to further ensure the intent of the warehousing distribution/logistics overlay district, Mango Avenue, a collector street as classified in the City's general plan circulation master plan, shall be required to be constructed from Casmalia Avenue to Summit Avenue prior to the establishment of any proposed project-level development, to the satisfaction of the City Engineer. This requirement is to provide an alternate route to Sierra Avenue for properties within the overlay district as a connection to Interstate 210 (I-210). For the purpose of this section, Mango Avenue need not be developed to its ultimate right-of-way width but must otherwise be constructed to a minimum roadway width to provide for two-way truck traffic and any other circulation needs such as maintenance vehicle turn outs, emergency vehicles, etc., as determined by the City Engineer.

(Ord. No. 1830, § 8(Exh. A), 6-9-20)

Sec. 30-647. - Uses permitted.

(a)

General. Any use permitted in the underlying zoning district shall be permitted in the warehousing distribution/logistics overlay district, subject to Section 30-647(b).

(b)

Warehousing distribution/logistics. The following warehousing distribution/logistics uses require a conditional use permit (CUP):

(1)

Warehousing, standard;

(2)

Warehousing, with distribution;

(3)

Warehousing, high-cube;

(4)

Similar uses as determined by the Director of Community Development to be compatible pursuant to Article II, Division 16, Other Uses to be Determined by the Director of Community Development.

(c)

Prohibited uses. The following uses are specifically prohibited:

(1)

Any use not permitted in the underlying zoning district;

(2)

Multi-family dwellings;

(3)

Senior housing;

(4)

Day care/child care;

(5)

Day care/child care 24-hour;

(6)

Other uses deemed incompatible by the Director of Community Development pursuant to Article II, Division 16, Other Uses to be Determined by the Director of Community Development.

(Ord. No. 1830, § 8(Exh. A), 6-9-20)

Sec. 30-648. - Zone change required.

An application for a change of zone to establish the warehousing distribution/logistics overlay district on one or more parcels eligible to receive the overlay, shall be filed with the Planning Division pursuant to Article II, Division 7 of this Code.

(Ord. No. 1830, § 8(Exh. A), 6-9-20)

Sec. 30-649. - Design review or administrative site plan review required.

Any development proposal within the warehousing distribution/logistics overlay district shall be subject to a design review or administrative site plan review process pursuant to Article II, Divisions X and XI et seq. of this Code.

(Ord. No. 1830, § 8(Exh. A), 6-9-20)

Sec. 30-650. - Development standards and design guidelines.

(a)

General. The development standards and design guidelines in this division shall be minimum requirements for warehousing distribution/logistics type uses. Those standards and guidelines not fully addressed in this section shall be as otherwise stated in the appropriate section(s) of the Fontana Municipal Code, including, but not limited to, Section 30-479 et seq., Section 30-520 et seq., Section 30-664 et seq., and Section 30-679 et seq. of this Code. When this division provides for discretionary authority on the part of the Director of Community Development, Planning Commission, or City Council, that discretion may be exercised to impose more stringent requirements, if deemed necessary, to accomplish the overall intent/objective of the warehousing distribution/logistics overlay district.

(b)

Minimum lot size.

(1)

The minimum lot size shall be four acres.

(c)

Lot dimensions.

(1)

The minimum lot dimensions shall be:

a.

Minimum width of 300 feet.

b.

Minimum depth of 300 feet.

(d)

Maximum building height.

(1)

The maximum building height shall be 60 feet.

(e)

Maximum lot coverage.

(1)

The maximum lot coverage shall be 50 percent.

(f)

Floor-area ratio (FAR).

(1)

The maximum base FAR shall be 0.50.

(g)

Building setbacks. All required yard areas (setbacks) shall be clear of all structures and other required site features such as parking areas, loading areas, fire lanes, etc., and shall be landscaped and maintained in a neat, healthy, aesthetically pleasing condition in accordance with the landscaping provisions of this division. Due to the lot configuration and depth of parcels eligible to receive the overlay district, for the purpose of this division, all buildings are assumed to be fronting on Sierra Avenue.

(1)

Minimum front yard setbacks.

a.

The minimum front yard setback for Sierra Avenue shall be 40 feet.

b.

The minimum front yard setback for Casa Grande Avenue shall be 40 feet.

c.

The minimum front yard setback for Mango Avenue shall be 15 feet.

d.

The minimum front yard setback for lots abutting local streets shall be 15 feet.

(2)

Minimum rear yard setbacks.

a.

The minimum rear yard setback for parcels abutting Sierra Avenue shall be 40 feet.

b.

The minimum rear yard setback for parcels abutting Casa Grande Avenue shall be 40 feet.

c.

The minimum rear yard setback for parcels abutting Mango Avenue shall be 15 feet.

d.

For lots abutting R-MU zoning districts, or any residential district, the minimum rear yard setback shall be 40 feet. For lots abutting C-2 zoning districts, the minimum rear yard setback shall be 15 [feet]. This setback may be increased to provide an appropriate separation between uses in order to protect the public health, safety, and welfare if alternative means of providing separation are not practical.

(3)

Minimum interior side yard setbacks.

a.

The minimum side yard setback for parcels abutting Sierra Avenue shall be 40 feet.

b.

The minimum side yard setback for parcels abutting Casa Grande Avenue shall be 40 feet.

c.

The minimum side yard setback for parcels abutting Mango Avenue shall be 15 feet.

d.

For lots abutting M-1 zoning districts, or any residential district, the minimum interior side yard setback shall be 40 feet. For lots abutting C-2 zoning districts, the minimum interior side yard setback shall be 15 [feet]. This setback may be increased to provide an appropriate separation between uses in order to protect the public health, safety, and welfare if alternative means of providing separation are not practical.

(h)

Parking and drive aisle setbacks (yard areas).

(1)

Street yard (measured from property line).

a.

The minimum setback for lots abutting Sierra Avenue shall be 40 feet.

b.

The minimum setback for lots abutting Casa Grande Avenue shall be 40 feet.

c.

The minimum setback for lots abutting Mango Avenue shall be 15 feet.

d.

The minimum setback for lots abutting local streets shall be 15 feet.

(2)

Rear yard.

a.

The minimum setback for lots abutting Sierra Avenue shall be 40 feet.

b.

The minimum setback for lots abutting Casa Grande Avenue shall be 40 feet.

c.

The minimum setback for lots abutting Mango Avenue shall be 15 feet.

d.

The minimum setback for lots abutting local streets shall be 15 feet.

e.

For lots abutting R-MU zoning districts, or any residential district, the minimum rear yard setback shall be 40 feet. For lots abutting C-2 zoning districts, the minimum rear yard setback shall be 15 [feet]. This setback may be increased to provide an appropriate separation between uses in order to protect the public health, safety, and welfare if alternative means of providing separation are not practical.

(3)

Interior side yard.

a.

For lots abutting R-MU zoning districts, or any residential district, the minimum interior side yard setback shall be 20 feet. For lots abutting C-2 zoning districts, the minimum interior side yard setback shall be 15 [feet]. This setback may be increased to provide an appropriate separation between uses in order to protect the public health, safety, and welfare if alternative means of providing separation are not practical.

(i)

Parking location. Off-street parking shall be located at the rear of the building, but may be considered elsewhere if its use is to further set back buildings from adjacent and/or surrounding sensitive uses (e.g., residential uses across a public right-of-way). Furthermore, visitor and/or employee parking may be located at the front of the building adjacent to the main entry. Service and loading areas may be located at the sides and rear of the building, except where such building sides are adjacent to a public right-of-way.

(j)

Parking and loading requirements. The following are regulations for off-street parking and loading. They identify required number of parking and loading spaces for all new development projects and those proposing substantial modifications to existing buildings. For all parking and loading-related information or regulations not specifically addressed in this section, refer to Section 30-679 et seq. of this Code.

(1)

General parking and loading requirements.

a.

Methods of calculation.

1.

Multiple uses. If more than one use is located on a site, the total number of required off-street parking and loading spaces shall be the sum of the requirements for the various uses computed separately. If individual uses on the same site have a floor area less than that for which loading spaces would be required, then the total gross floor area of all uses on the site or lot shall be used in determining the required number of loading spaces.

2.

Fractional number. Whenever the computation of the required number of off-street parking or loading spaces results in a fractional number, one additional space shall be required for a fraction of .5 or more, but shall not be required for a fraction of .4 or less.

b.

Off-site location. Required off-street parking spaces shall be located on the same parcel as the use that they are intended to serve, unless reciprocal parking and access agreements are recorded between multiple parcels on the same site.

c.

Shared use facility. Required off-street parking and loading spaces may be considered as providing parking or loading spaces for another use where joint facilities serving more than one use contain no less than the total number of spaces deemed necessary for each individual use added together with other uses. Where adjoining uses on the same site have different hours of operation with minimal conflict, the Director of Community Development may

determine that some or all of the same spaces may be counted as satisfying the requirements for both uses, provided that the number of spaces shall not be less than the number prescribed for the use requiring the greater number.

(2)

Required number of parking spaces.

a.

Each land use shall provide the number of off-street parking spaces indicated in Table 1—Parking Requirements by Land Use, except as otherwise may be determined by the Director of Community Development per Section 30-650(j)(1)(c) above.

Table 1—Parking Requirements by Land Use

(3)

Required number of loading spaces.

a.

Each land use shall provide the number of off-street parking spaces indicated in Table 2—Loading Space Requirements by Land Use. Requirements for uses not specifically listed shall be determined by the Director of Community Development based upon the requirements for comparable uses and upon the particular characteristics of the proposed use. For other standards (e.g., size of loading spaces, location, turning radius, etc.), refer to Section 30-704 et seq. of this Code.

Note: A tractor trailer loading space shall be a minimum of 12 feet wide by 70 feet long with a minimum 14 feet overhead clearance.

(k)

Fences, walls, and screening. The following are standards and guidelines for fences, walls, and screening.

(1)

Heights. Fences and walls may not exceed eight feet in height when located in a required side or rear yard, and may not exceed three and one-half feet in height when located in any required setback adjacent to a street. In the latter case, however, a fence with a maximum height of eight feet as measured from the sidewalk elevation may be permitted where required for security purposes. Such fencing shall not interfere with or obstruct the line-of-sight for motorists. Incidental outdoor storage areas, and loading areas and doors shall be screened from the public right-of-way by an eight foot high solid block masonry wall (see Table 3). Additional screening may be required and shall not interfere with or obstruct the line-of-sight for motorists.

Note(s):

(1) All fences and walls shall be finished on both sides with a decorative material (e.g., stucco, split-face, and/or slump stone).

(2) All fences and walls shall not interfere with or obstruct the line-of-sight for motorists.

(2)

All warehousing distribution/logistics uses adjoining or abutting a residential zoning district shall be screened by a solid masonry wall not less than eight feet in height. However, in the front yard area abutting the residential lot, the wall may be lower as determined through the site plan review process.

(3)

Electric fences, barbed wire fencing, chain link, wood and/or similar fencing materials are prohibited.

(4)

Fences and walls shall be compatible in terms of design and materials with the main structures on the site.

(5)

Roof-mounted and ground-mounted mechanical equipment, utilities, storage, and solid waste storage areas shall be screened from adjoining properties and public rights-of-way by a visual barrier (e.g., wall, fence, landscape material, etc.) to the satisfaction of the Director of Community Development.

(6)

No loading bays shall be permitted facing Sierra Avenue or Casa Grande Avenue to eliminate noise and negative visual impacts.

(7)

All loading bays shall be completely screened, and a sight-line analysis shall be taken from public right-of-way(s) to demonstrate such screening of all bays. Such analysis shall at a minimum contain a site plan and cross section graphics demonstrating the line of sight from the right-of-way to the loading areas at six feet above the right-of-way surface at three points: The centerline of the right-of-way and the property lines on either side of the right-of-way. The graphics shall be to scale, fully dimensional, and contain all building elevations, berms, walls, landscaping, setbacks, fences, and other structures as they are being proposed to be built.

(8)

All incidental storage of materials, including trucks, shall be screened from adjoining properties and public rights-of-way by a visual barrier (e.g., wall, fence, etc.) to the satisfaction of the Director of Community Development. Furthermore, such storage shall not be located on any required parking area.

(l)

Building orientation.

(1)

All buildings shall be sited and oriented to reduce noise, light and glare, visual and other conflicts. For example, loading areas shall be located in areas where noise from such operations will not adversely impact adjacent, noise sensitive uses.

(2)

Placement of the industrial buildings shall provide the most aesthetic public views. Open work areas shall be located away from public views.

(m)

Landscaping.

(1)

Landscaping shall be used alone or in conjunction with other features (e.g. open space buffer, topography) to reduce potential visual and light and glare conflicts.

(2)

Landscape setbacks along public rights-of-way shall incorporate landscape buffers with undulating and variable height earth-mounding (berms), and/or low walls, preferably in a three-tier planting design.

(n)

Design guidelines. The design guidelines in this subsection shall apply to all warehousing distribution/logistics projects within the overlay district. Those design guidelines not fully addressed in this section shall be as otherwise stated in the appropriate section(s) of this Code, including, but not limited to, Section 30-479 et seq., Section 30-520 et seq., Section 30-664 et seq., and Section 30-679 et seq. of this Code.

(1)

Site design.

a.

Site layout.

1.

The arrangement of multiple buildings and associated circulation, and parking areas should reflect a well-organized site plan.

2.

Site development may utilize variations on building placement and landscaping when located near a public street.

3.

The design and location of accessory buildings (e.g., security kiosks, maintenance buildings, and outdoor equipment enclosures) shall be incorporated into and be compatible with the overall design of the project and the main buildings on the site.

4.

With the exception of security kiosks, accessory buildings shall be located as far back from the front and street side yard setback area as possible.

5.

Sea/train-type metal containers are prohibited.

6.

Incidental outdoor storage, work, and loading areas shall be incorporated within the building design and located to the rear or side of buildings unless such building side(s) are adjacent to a public street where it would be prohibited.

b.

Courtyards and plazas.

1.

Buildings should be arranged to create opportunities for open space amenities (e.g., plazas, courtyards, outdoor eating areas, etc.). See Figure 2.

Figure 2

==> picture [201 x 159] intentionally omitted <==

(2)

Building orientation.

a.

The organization of buildings, parking areas, and landscaping shall recognize the existing characteristics of the site and shall relate to the surrounding development in scale and character.

b.

Buildings should be oriented in a manner that takes advantage of passive solar design.

c.

Buildings shall be oriented to provide a buffer between sensitive uses (i.e. residential, schools, parks, and medical facilities) and outdoor work areas, loading, and incidental storage.

(3)

Site elements.

a.

Fences and walls.

1.

Walls and fencing materials shall consist of wrought iron, tubular steel, stone, stucco, or brick, and shall be compatible with the overall design character/style of the development. The use of chain-link fence and similar materials is prohibited. See Figures 3 and 4.

Figure 3

==> picture [201 x 137] intentionally omitted <==

Figure 4

==> picture [201 x 278] intentionally omitted <==

Walls and fences shall be integrated with landscaping along the base of the wall or fence.

3.

Wall heights and surfaces shall be articulated with varying facade depths or pilasters to promote architectural interest, and shall include a cap along the top of the wall.

4.

Landscaping shall be used in combination with walls and fences to visually soften blank surfaces and to deter graffiti. Additionally, all walls shall have an anti-graffiti coating to further deter graffiti, to the satisfaction of the City. See Figure 5.

Figure 5

==> picture [201 x 106] intentionally omitted <==

b.

Screening.

Loading bays and service areas shall be completely screened from public right-of-way(s) by building placement and/or decorative walls. Landscaping may be used in addition to such building placement and/or walls, but shall not be the sole means of screening. A sight-line analysis shall be taken from public right-of-way(s) to indicate screening of all items.

2.

Trash storage enclosures and outdoor mechanical equipment shall be completely screened from public view.

Roof-mounted equipment shall be screened from public view through use of parapet walls or other approved screening devices. Special consideration shall be given to the screening of roof-mounted equipment on building rooftops that are visible from the public right-of-way. See Figure 7.

Figure 7

==> picture [201 x 148] intentionally omitted <==

c.

Lighting.

1.

Outdoor lighting plans shall take into consideration the location and potential growth pattern of nearby trees (existing and planned) so that appropriate lighting levels are maintained over time.

2.

Energy efficiency shall be considered through use of proper light location and placement, as well as use of energy-efficient bulbs and/or fixtures.

3.

Lighting fixtures shall include hoods or other design techniques to reduce glare and light pollution, especially along major streets, and to prevent light spillover onto adjacent properties.

4.

Lighting shall be provided in project entryways, walkways, and parking lots to promote safety.

5.

Lighting may be mounted on poles or bollards, affixed to building walls, or placed within paved or landscaped areas. Appropriate materials and construction methods shall be used to ensure proper function of project lighting fixtures.

6.

Decorative light fixtures shall be consistent with the architectural design of the building.

7.

Truck and truck trailer parking areas shall incorporate lighting to increase real and perceived security.

(4)

Parking and access.

a.

Parking.

1.

Parking lots shall not be the dominant visual element on the site.

2.

Surface parking areas shall integrate trees and landscape improvements to reduce the heat island effect and to promote better visual aesthetics.

Large parking lots (usually over 100 spaces) shall be divided into multiple, smaller areas and provided with canopy trees located throughout the parking area to reduce the effects of heat and the visual impacts of large parking areas.

4.

Parking lot design shall include water quality storm water facilities consistent with City standards. See Figure 8.

Figure 8

==> picture [201 x 144] intentionally omitted <==

b.

Access.

1.

The use of common (shared) access points and driveways is required for all service and loading areas pursuant to Traffic Engineering's Standard Plan No. 701 Access Management Requirements, to reduce curb cuts along streets. Additionally, placement of vehicle access points close to building entries shall be avoided to minimize pedestrian and vehicular conflicts.

2.

Entry drives shall be clearly marked by special features, (e.g., enhanced paving, prominent landscape features, low-level decorative walls, and welldesigned monument-type signs). See Figure 9.

Figure 9

==> picture [201 x 100] intentionally omitted <==

(5)

Architecture.

a.

Mass and scale.

1.

The mass and scale of the buildings shall respect the visual and physical relationship to the adjacent buildings and surrounding sensitive uses. Taller building elements shall be placed towards the center of the site, with lower elements adjacent to surrounding properties.

2.

Buildings shall be stepped back when adjacent to or in close proximity to sensitive uses (e.g. residential, schools, etc.).

3.

Vertical and horizontal offsets shall be provided to reduce the visual bulk of the building. See Figure 10.

Figure 10

==> picture [201 x 137] intentionally omitted <==

b.

Building facades.

1.

Building facades shall incorporate architectural elements such as windows, pillars, and wall plane breaks to minimize blank walls, to create visual interest, and to reduce the opportunity for graffiti.

2.

All building elevations, whether front, side, or rear shall be architecturally detailed.

3.

Architectural accents (e.g., cornices, tiles, trim around windows, grooves in building faces, accent band details, bulkheads, etc.) shall be used to create variation along building facades. See Figure 11.

Figure 11

==> picture [201 x 266] intentionally omitted <==

Roofs shall be designed as an integral component of building form, mass, and facade. Building form shall be enhanced by sloped or offset roof planes, eave heights, and rooflines. See Figure 12.

Figure 12

==> picture [201 x 138] intentionally omitted <==

c.

Colors and materials.

1.

Colors and materials for all structures on-site should consist of earth tones. Use of different colors and materials or textures is strongly encouraged.

2.

Building materials shall be durable and able to withstand long-term exposure to the elements.

3.

Large expanses of smooth material (e.g., concrete) shall be broken up with expansion joints, reveals, or changes in texture and color.

(6)

Landscaping.

a.

Landscaping shall be in scale with adjacent structures, streets, and public spaces, and be sized appropriately when fully grown.

b.

Landscaped areas should incorporate a three-tiered planting system:

Ground cover and flowering plants;

Shrubs and vines; and,

Trees.

c.

Development on corner lots shall be enhanced with a combination of specimen trees, accent plantings, upgraded perimeter wall surfaces, hardscape treatments and landscape lighting adjacent to the street intersection.

d.

Drought-tolerant and low-maintenance trees, vines, and groundcovers shall be used on-site. Drip irrigation systems shall be installed to ensure the highest possible level of water conservation.

e.

Setbacks adjacent to sensitive uses shall include dense landscaping to provide visual screening and noise attenuation.

f.

Landscaped berms along site edges shall be used to screen parking, loading and service areas and to serve as a sound reduction measure. See Figure 13.

Figure 13

==> picture [201 x 237] intentionally omitted <==

g.

Surface parking lots shall be well-landscaped to reduce heat island effect and visually reduce the expanse of paved area.

h.

Pervious paving materials are strongly encouraged for sidewalks, pathways, and parking lots or other paved surfaces on-site.

i.

An automatic irrigation system using current equipment and technology shall be provided for planted areas.

j.

Run-off retention and on-site water filtration/stormwater treatment features and bioswales should be a part of the overall landscape design, and can also serve as buffering methods for adjacent businesses. See Figure 14.

Figure 14

==> picture [201 x 130] intentionally omitted <==

k.

Trees shall be selected and placed to provide canopy and shade for walkways, pedestrian open spaces, and parking areas.

l.

Tree and shrub planting shall be in large masses.

m.

Plant material selected shall be suited to the specific soil and micro climatic conditions.

(Ord. No. 1667, § 3(Exh. A), 8-14-12; Ord. No. 1830, § 8(Exh. A), 6-9-20; Ord. No. 1865, § 8(Att. 2), 3-23-21)

DIVISION 7. - EMERGENCY SHELTER OVERLAY DISTRICT

Sec. 30-651. - Emergency shelter overlay district (ESO) regulations.

(a)

Applicability. The provisions of this division shall apply to light industrial (I-L) land use designations and specific plan industrial land use designations as specified in Figure 1.

Figure 1

==> picture [193 x 339] intentionally omitted <==

==> picture [193 x 133] intentionally omitted <==

(b)

Relation to underlying zoning. The emergency shelter overlay district is a flexible designation that is intended to apply in conjunction with, or as an alternative to the provisions in the underlying zoning. When utilized in conjunction with the underlying zone, if the provisions of this division are in conflict with the provisions of the underlying zoning district, the provisions of this division shall apply.

(c)

Intent. The intent of the emergency shelter overlay district is to provide for supportive and transitional housing uses on specific properties within the light industrial (I-L) and general industrial (I-G) general plan use designations. Additionally, the further intent of this overlay district is to allow emergency shelters without a conditional use permit or other discretionary permit in accordance with Government Code § 65583. Recognizing the need for available and affordable sites for establishment of emergency shelters and other transitional housing types outside of the traditional locations in commercial districts, the emergency shelter overlay district provides areas and districts for the development of new emergency and supportive housing to be integrated with

commercial and light industrial uses and existing social services throughout the City. The purpose of the designated boundaries (area of applicability) is to maximize the potential for provision of emergency shelter and support services throughout the City of Fontana.

(d)

Definitions.

Emergency shelters. The California Health and Safety Code (§ 50801(e)) defines "emergency shelter" as housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

Single room occupancy. Typically, a single-room occupancy (SRO) unit is a multiple tenant building that houses one or two people in individual rooms (sometimes two rooms, or two rooms with a bathroom or half bathroom), or to the single room dwelling itself. SRO tenants typically share bathrooms and/or kitchens, while some SRO rooms may include kitchenettes, bathrooms, or half-baths. Most SRO units are small, with a gross floor area of less than 400 square feet. Each dwelling unit is restricted to occupancy by no more than two persons and is offered on a monthly rental basis or longer.

Supportive housing. Under the housing element law, supportive housing is defined as housing with no limit on length of stay that is occupied by a target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (California Health and Safety Code § 50675.14(b)).

ortive housing is defined as housing with no limit on length of stay that is occupied by a target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (California Health and Safety Code § 50675.14(b)).

Transitional housing. The California Health and Safety Code (§ 50675.2) defines "transitional housing" and "transitional housing development" as buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no more than six months. This definition of transitional housing does not encompass all transitional housing facilities, particularly those that operate as group quarters or community care facilities that charge fees rather than rents.

(Ord. No. 1932, § 4(Exh. A), 12-12-23; Ord. No. 1982, § 4(Exh. A), 2-24-26)

Sec. 30-652. - Administrative site plan review required.

Any development proposal within the emergency shelter overlay district shall be subject to an administrative site plan review process pursuant to Article II, Division 10 et seq. of this Code.

Sec. 30-653. - Emergency shelters.

The following standards shall be required for development or establishment of emergency shelters in the ESO district:

The following development standards shall apply.

(1)

Density of residents. The maximum resident density shall be one resident per 150 square feet. Facilities operated independently of the City of Fontana by private organizations or other government, or quasigovernment organizations, shall be limited to a maximum of 50 residents.

(2)

Number of staff. The facility shall be staffed with one staff person per 15 occupied beds and shall be awake during the hours of operation.

(3)

On-site manager. The shelter must have at least one on-site manager at all times during hours of operation.

(4)

Distance requirements. The distance between emergency shelters shall be a minimum of 300 feet. No emergency shelter shall be located within 300 feet of any public park and/or school.

(5)

Security. The emergency shelter shall provide a security plan that ensures the safety of the residents, visitors and employees. The plan shall be reviewed by the Chief of Police or his designee and shall include, but is not limited to, the following:

a.

Color, security surveillance system with recording capability; unless otherwise approved in writing by the Chief of the Fontana Police Department, the security system shall include surveillance cameras capable of recording interior and exterior common areas, in color, 24 hours per day. All recordings shall be retained for a minimum of 30 days.

b.

On-site security guard(s), the number of security guards shall be based on the following ratio of one guard for every ten patrons.

c.

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties.

(6)

Laundry facility. The shelter shall provide on-site laundry facilities or services adequate for the number of residents.

(7)

Outdoor activities. Any emergency shelter adjacent to a residential use shall limit outdoor activities to the following hours: 8:00 a.m. to 9:00 p.m. Monday through Sunday.

(8)

Signage. No signs are permitted on the property relating to its use as a shelter for the homeless unless approved in writing by the Planning Director;

(9)

Bathroom facilities. Each emergency shelter shall provide facilities for personal care (i.e., bathroom and shower facilities).

(10)

Toilets. No outdoor toilets are allowed on the site unless during construction or a special event;

(11)

Shelter provider. The agency or organization operating the emergency shelter shall comply with the following requirements:

a.

Staff and services shall be provided to assist residents of the shelter in obtaining permanent housing and income;

b.

A written management plan including, as applicable, provision for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment outreach programs for residents;

(12)

Facility layout. Living, dining, and kitchen areas shall be physically separated from sleeping areas.

(13)

Sleeping area. Each emergency shelter shall provide at least 30 square feet of sleeping area per bed.

(14)

Litter and graffiti. The owner/operator shall:

a.

Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times;

b.

Provide for daily removal of trash from the premises and abutting sidewalks or alleys within 20 feet of the premises; and

c.

Remove graffiti within 48 hours of written notice from the City.

(15)

Controlled access. The facility and/or the premises shall be accessed by one entrance.

(16)

Property maintenance. The agency shall ensure that the facility is clean and litter-free at all times. The grounds shall be landscaped with materials which are compatible with the surrounding neighborhood and maintained in a trim and weed-free state. The structure shall be painted and maintained such that it is compatible with structures existing in the surrounding neighborhood.

(17)

Facility shall not provide "walk in" services for new or prospective residents. Operators shall strictly enforce a "no walk-in/no walk-out" policy for facility guests and residents. Details regarding the management and enforcement of this policy shall be provided in the facility's operations and management plan, subject to the review and approval of the Planning Director.

(Ord. No. 1708, Exh. A, § 6, 10-28-14; Ord. No. 1982, § 4(Exh. A), 2-24-26)

Sec. 30-654. - Transitional housing facilities.

The following development standards shall apply.

(1)

Establishment. A management plan form shall be obtained, completed in detail, and returned to the City of Fontana's Housing Manager for review and approval. The transitional housing program management plan is a detailed analysis of how an agency intends to operate and maintain a transitional housing facility in accordance with existing City ordinances and the criteria contained in this section.

(2)

Qualifications. The applicant shall be a qualified agency with knowledge, understanding, and demonstrable experience in the operation and management of a transitional housing facility.

(3)

Client screening. The agency should establish a screening process, similar to standard renting procedures, which includes letter(s) of reference, verification of employment, and determination of tenant ability to pay rent. The tenants should agree to participate in the daily maintenance of the transitional housing facility, and in an orientation/training process provided by the facility aimed at promoting their transition toward stability.

(4)

Maximum client stay. Clients should be limited to a maximum stay of six months.

(5)

Rent structure. The facility shall provide transitional housing below the median rent level within the City of Fontana.

(6)

Property maintenance. The agency shall ensure that the facility is clean and litter-free at all times. The grounds shall be landscaped with materials which are compatible with the surrounding neighborhood and maintained in a trim and weed-free state. The structure shall be painted and maintained such that it is compatible with structures existing in the surrounding neighborhood.

(7)

Agency services. The agency shall identify in the management plan the services which are available to clients off-site, and shall demonstrate the client's ability to transport one's self to the site where services are provided.

(Ord. No. 1708, Exh. A, § 6, 10-28-14; Ord. No. 1982, § 4(Exh. A), 2-24-26)

Sec. 30-655. - General development standards and design guidelines.

(a)

General. The development standards and design guidelines in this division shall be minimum requirements for emergency shelters, supportive and transitional housing type uses. Those standards and guidelines not fully addressed in this section shall be as otherwise stated in the appropriate section(s) of the Fontana Municipal Code, including, but not limited to, Section 30-664 et seq., and Section 30-679 et seq. of this Code.

Table 30-655.A.

Lot Dimensions, Building Height and Maximum Intensity

(b)

Building setbacks. All required yard areas (setbacks) shall be clear of all structures and other required site features such as parking areas, loading areas, fire lanes, etc., and shall be landscaped and maintained in a neat, healthy, aesthetically pleasing condition in accordance with the landscaping provisions of this

division. Setback may be increased to provide an appropriate separation between uses in order to protect the public health, safety, and welfare if alternative means of providing separation are not practical.

Table 30-655.B

Yard Area-Building Setbacks

(c)

Parking and loading requirements. Off-street parking shall be located at the rear or side of the building, but may be considered elsewhere at the discretion of the Director of Community Development. Visitor parking may be located at the front of the building adjacent to the main entry. Service and loading areas may be located at the sides and rear of the building, except where such building sides are adjacent to a public right-of-way.

(d)

Parking. The following are regulations for off-street parking and loading. They identify required number of parking and loading spaces for all new development projects and those proposing substantial modifications to existing buildings. For all parking and loading-related information or regulations not specifically addressed in this section, refer to Section 30-679 et seq. of this Code.

Table 30-655.C

Minimum Number of Parking Spaces Required

(1)

Parking and access.

a.

Parking lots shall not be the dominant visual element on the site.

b.

Surface parking areas shall integrate trees and landscape improvements to reduce the heat island effect and to promote better visual aesthetics.

c.

Parking lot design shall include water quality storm water facilities consistent with City standards. See Figure 1.

Figure 1

==> picture [201 x 134] intentionally omitted <==

(e)

Fences, walls, and screening. The following are standards and guidelines for fences, walls, and screening.

Table 30-655.D

Standards for Fences, Walls and Screening

(1)

Fences and walls.

a.

Walls and fencing materials shall consist of wrought iron, tubular steel, stone, stucco, or brick, and shall be compatible with the overall design character/style of the development. The use of chain-link fence and similar materials is prohibited.

b.

Walls and fences shall be integrated with landscaping along the base of the wall or fence.

c.

Wall heights and surfaces shall be articulated with varying facade depths or pilasters to promote architectural interest, and shall include a cap along the top of the wall.

d.

Landscaping shall be used in combination with walls and fences to visually soften blank surfaces and to deter graffiti. Additionally, all walls shall have an anti-graffiti coating to further deter graffiti, to the satisfaction of the City. See Figure 2.

Figure 2

==> picture [201 x 105] intentionally omitted <==

(f)

Landscaping. Those standards and guidelines not fully addressed in this section shall be as otherwise stated in the appropriate section(s) of the Fontana Municipal Code, including, but not limited to, Section 30-664 et seq., of this Code.

(1)

Landscaping shall be used alone or in conjunction with other features (e.g. open space buffer, topography) to reduce potential visual and light and glare conflicts.

(2)

Landscape setbacks along public rights-of-way shall incorporate landscape buffers with undulating and variable height earth-mounding (berms), and/or low walls, preferably in a three-tier planting design.

(3)

Landscaping shall be in scale with adjacent structures, streets, and public spaces, and be sized appropriately when fully grown.

(4)

Landscaped areas should incorporate a three-tiered planting system:

a.

Ground cover and flowering plants;

b.

Shrubs and vines; and,

c.

Trees.

(g)

Site design.

(1)

Courtyards and plazas.

a.

Buildings should be arranged to create opportunities for open space amenities (e.g., plazas, courtyards, outdoor eating areas, etc.).

(2)

Building orientation.

a.

The organization of buildings, parking areas, and landscaping shall recognize the existing characteristics of the site and shall relate to the surrounding development in scale and character.

b.

Buildings should be oriented in a manner that takes advantage of passive solar design.

c.

Buildings shall be oriented to provide a buffer between sensitive uses (i.e. residential, schools, and parks).

(3)

Site elements.

a.

Screening.

1.

Loading areas shall be completely screened from public right-of-way(s) by building placement and/or decorative walls. Landscaping may be used in addition to such building placement and/or walls, but shall not be the sole means of screening. A sight-line analysis shall be taken from public right-ofway(s) to indicate screening of all items.

2.

Trash storage enclosures and outdoor mechanical equipment shall be completely screened from public view.

3.

Roof-mounted and ground-mounted mechanical equipment utilities, storage, and storage areas shall be screened from public right-of-way by a visual barrier (e.g., wall, fence, landscape material, parapet walls etc.) or other approved screening devices. Special consideration shall be given to the screening of roof-mounted equipment on building rooftops that are visible from the public right-of-way. See Figure 3.

Figure 3

==> picture [201 x 140] intentionally omitted <==

(4)

Lighting.

a.

Outdoor lighting plans shall take into consideration the location and potential growth pattern of nearby trees (existing and planned) so that appropriate lighting levels are maintained over time.

b.

Energy efficiency shall be considered through use of proper light location and placement, as well as use of energy-efficient bulbs and/or fixtures.

c.

Lighting fixtures shall include hoods or other design techniques to reduce glare and light pollution, especially along major streets, and to prevent light spillover onto adjacent properties.

d.

Lighting shall be provided in project entryways, walkways, and parking lots to promote safety.

e.

Lighting may be mounted on poles or bollards, affixed to building walls, or placed within paved or landscaped areas. Appropriate materials and construction methods shall be used to ensure proper function of project lighting fixtures.

f.

Decorative light fixtures shall be consistent with the architectural design of the building.

(5)

Architecture.

a.

Mass and scale.

1.

The mass and scale of the buildings shall respect the visual and physical relationship to the adjacent buildings and surrounding sensitive uses. Taller building elements shall be placed towards the center of the site, with lower elements adjacent to surrounding properties.

2.

Buildings shall be stepped back when adjacent to or in close proximity to sensitive uses (e.g. residential, schools, etc.).

3.

Vertical and horizontal offsets shall be provided to reduce the visual bulk of the building.

b.

Building facades.

1.

Building facades shall incorporate architectural elements such as windows, pillars, and wall plane breaks to minimize blank walls, to create visual interest, and to reduce the opportunity for graffiti.

2.

All building elevations, whether front, side, or rear shall be architecturally detailed.

3.

Architectural accents (e.g., cornices, tiles, trim around windows, grooves in building faces, accent band details, bulkheads, etc.) shall be used to create variation along building facades.

4.

Roofs shall be designed as an integral component of building form, mass, and facade. Building form shall be enhanced by sloped or offset roof planes, eave heights, and rooflines.

(Ord. No. 1708, Exh. A, § 6, 10-28-14; Ord. No. 1865, § 8(Att. 2), 3-23-21)

DIVISION 8. - FIRE HAZARD OVERLAY DISTRICT

Sec. 30-656. - Fire hazard overlay district regulations.

(a)

Applicability. The fire hazard overlay provisions shall apply in areas so designated on the current general plan land use map. The fire hazard overlay shall initially be based on the 2008 very high fire hazard severity zones map from the California Department of Forestry and Fire Protection (Cal FIRE) and on such other subsequent maps or evidence as deemed appropriate by the City.

(b)

Purpose. The fire hazard overlay district is created to provide greater public safety to City residents and structures in areas prone to wildfires, by establishing development standards for these areas.

(c)

Fuel modification zone plan. Each new tentative tract map application, tentative parcel map application, or design review application within the overlay zone shall include a fuel modification zone (FMZ) plan, plotted to the same scale as the preliminary grading plans and site plans, showing all fuel modification areas as required. The fuel modification zone plan shall be submitted as part of a project concurrently with the aforesaid entitlement applications, to the Community Development Department and shall be reviewed and deemed acceptable by the Fontana Fire Protection District prior to such applications being approved. The fuel modification zone plan shall address the standards referenced in Section 30-658 below, and shall contain the following items:

(1)

The natural ungraded slope contour of the land within the project and in the areas adjacent to the project; and

(2)

Locations of all onsite as well as offsite fuel modified areas; and

(3)

Fire department access to the project and access to the fuel modified area as described in Section 30-658; and

(4)

The treatment and maintenance of all fuel modified areas; and

(5)

The soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion, if required; and

(6)

A legend with symbols of all fire resistive landscape plant materials used.

(7)

When applicable, a landscaping and irrigation plan shall be submitted for the fuel modification zone.

(d)

Construction plans. Each new building permit application for a new single family and multifamily dwelling, or any other new construction project within a residentially zoned property, shall include the information required in Section 30-656(c)(1) through (7) above, either on a grading plan, a site plan, or a separate fuel modification zone plan as part of the project concurrently with building construction plans. Such information shall be reviewed and approved by the Fontana Fire Protection District prior to such permits being issued.

The fuel modification zone shall be installed prior to the issuance of the certificate of occupancy.

(e)

Fire protection district standards. The Fire Chief or Fire Marshal of the Fontana Fire Protection District shall have the authority to create local guidelines and standards that pertain to the types of acceptable vegetation and maintenance of fuel modification zones, as well as requirements for fire access roadways and fire protection systems within the fire hazard overlay.

(f)

Additions, alterations, enlargements, or reconstructions. When an area of an addition, alteration, enlargement or reconstruction of an existing structure equals or exceeds 50 percent of the existing square footage of the structure, the construction requirement provisions of this Section 30-656 shall apply to the entire structure impacted by such addition, alteration, enlargement, or reconstruction.

(g)

Definitions. In addition to the definitions contained in this Title, the words and phrases set forth below, shall, for the purposes of this division, be given the following meaning, unless the content clearly requires otherwise:

Development perimeter means the portion of a development that is nearest the limits or boundary of the development project and nearest any surrounding undeveloped natural or maintained open space. The location of the development perimeter for each development project shall be determined by the Fontana Fire Protection District.

Fuel modification zone means a portion of land, between the perimeter of a development and undeveloped land or open space; where combustible vegetation has been removed, modified by cutting or thinning, or partially or totally replaced with approved fire-resistant plant material in order to provide a level of protection to structures from wildfires.

Fire protection plan means a development project specific plan or study that is prepared by a consultant approved by the Fontana Fire Protection District Fire Chief or Fire Marshal. The fire protection plan shall address fire protection impacts and recommended mitigation, as part of an "Alternate Protection Measures" submittal per Section 30-656(e)(3).

(Ord. No. 1972, § 3(Exh. A), 7-22-25)

(a)

Permitted uses. Any use permitted in the underlying zoning district shall be permitted in the fire hazard overlay district.

(b)

Applicability of land use zoning district standards and other overlay standards. The development standards established by a land use zoning district and any applicable overlay shall apply, except as modified by this section.

Sec. 30-658. - Development standards and design guidelines.

(a)

Site and emergency access. Each development project, except for a development project located exclusively on a cul-de-sac, shall have a minimum of two points of vehicular ingress and egress, designed to applicable City street standards. The fire protection district may authorize one point of vehicular ingress and egress access to be an emergency vehicle access (EVA) only route with a minimum 26-foot wide paved driving surface, if the fire protection district first makes each of the following findings:

(1)

Two points of full vehicle access are impractical due to characteristics of the land or are physically infeasible, as determined by the Fire Chief; and

(2)

Legal agreements have been made to reasonably ensure that the emergency vehicle access will be maintained; and

(3)

The emergency vehicle access route will provide adequate vehicular ingress and egress during emergencies; or

(4)

Alternate protection measures have been submitted and approved in accordance with the provisions of Section 30-656(e).

(b)

Culs-de-sac. The length of a cul-de-sac shall not exceed 350 feet in length, except as allowed by this section.

(1)

A cul-de-sac may exceed 350 feet in length, but shall not exceed 600 feet in length if the Fire Chief of the Fontana Fire Protection District makes the following findings:

a.

The cul-de-sac is situated and designed so that each parcel taking access from it is not contiguous to or exposed to fire hazard areas, and that the extension of the cul-de-sac will not increase the exposure of buildings to wildfires; and

b.

The total number of dwelling units taking access from the cul-de-sac is no more than 15 dwelling units; and

c.

Alternate protection measures have been submitted and approved in accordance with the provisions of Section 30-656(e).

(c)

Fuel modification zones.

(1)

Permanent fuel modification zones. A permanent fuel modification area shall be required around a development project or portions thereof that are in the fire hazard overlay, for the purpose of fire protection. In no case shall fuel modification zones be less than 100 feet in width, as measured from the side or rear property lines of private lots. Fuel modification zones shall be allowed to be designated on City owned and maintained open space, commonly owned open space maintained by a Home Owners Association (HOA), or on City or HOA maintained easements on private property adjacent to new development projects. Fuel modification zones shall not be allowed to be designated on privately owned open space on individual lots within a new development project except as approved on a fire protection plan described in Section 30-656(e). Fuel modification zones shall be within the project boundary (onsite) and shall not be designated on parcels of land adjacent to the project (off-site) unless the following findings are made by the Director of Community Development and the Fire Chief or Fire Marshal:

a.

The approval of such off site fuel modification zones would be necessary to achieve consistency with the land use designation, density and zoning of the properties being developed; and

b.

An easement is recorded on adjacent parcels, to the satisfaction of the City and the fire protection district, that designates fuel modification areas and specifies the maintenance that is to occur in these areas, and grants permission of all parties performing maintenance; and

c.

A recorded agreement is formed and signed by all parties that will hold all City personnel harmless of liability while performing maintenance; and

d.

A recorded agreement together with a community facilities district or other tax assessment is established to the satisfaction of the City and the fire protection district that will fund bi-annual inspections of all fuel modification zones as well as provisions for maintenance by the City upon documented default of any private party performing the maintenance.

(2)

Temporary fuel modification zones. When fuel modification zones are required on adjacent parcels of land on which the current land use designation and zoning allows for development in the future, temporary fuel modification zones may be allowed to be used with the approval of the Community Development Director and the Fire Chief. When a development project is phased, individual phases may be required to provide temporary fuel modification areas, where the development perimeter of a phase is contiguous to a subsequent phase of a project, which in its undeveloped state is a hazardous fire area. The requirements for a temporary fuel modification area shall be based upon the same considerations described in Section 30-656(c)(1), above, for permanent fuel modification zones.

(3)

Perimeter access to fuel modified and fire hazard areas. Each development project shall provide adequate vehicular access for fire fighting vehicles into fuel modified areas from the boundary of the project, along the portion of the development perimeter that is adjacent to either an existing or proposed fuel modified area, or a fire hazard area. Provisions shall be made, and shall be required where necessary, through conditions, covenants, and restrictions recorded on each parcel within the development project, for the continual maintenance of paved roadways intended to provide the access, in order for them to remain unobstructed, in drivable condition, and meet all other Fontana Fire Protection District regulations. Perimeter access shall be provided through either of the following measures, or through alternate measures in compliance with Section 30-656(e):

a.

A fire vehicle and apparatus access road along the development perimeter, or portion thereof that is exposed to a fire hazard must meet the following criteria:

1.

The road shall be capable of supporting fire-fighting equipment, shall be at least 20 feet in width, and shall not exceed a maximum grade of 14 percent.

2.

The road may have gates installed at the entrances at the development perimeter per the requirement of the fire protection district.

b.

Fire vehicle and apparatus access roadways, situated between lots at the development perimeter or portion thereof that is exposed to a fire hazard, and which are accessible to firefighting equipment shall consist of the following standards:

1.

Such roadways shall be spaced at intervals of no more than 350 feet apart as measured along each street.

2.

Such roadways shall be at least 12 feet in width, with a maximum grade not to exceed 14 percent, and capable of supporting fire fighting vehicles. Such roadways may have gates installed at the entrances at the development perimeter per the requirements of the fire protection district.

(4)

All new development within the fire hazard overlay district shall comply with current California Building Standards Codes, including the provisions of the California Building Code (CBC) Chapter 7A (Materials and construction methods for exterior wildfire exposure).

(d)

Fences.

(1)

Where wood or vinyl fencing is used, there shall be a minimum five-foot separation between the wood or vinyl fencing and the wall of the nearest structure. Fencing within the five-foot separation area shall be of noncombustible materials.

(2)

Fences or walls required adjacent to fuel modification areas or wildfire prone areas as conditions of approval for a development project shall be constructed of masonry per the California Building Code.

(3)

Where side and rear yards are enclosed by walls or fencing, gates shall be provided on both side yards for emergency access to the rear yard.

(e)

Alternate Protection Measures.

(1)

Purpose. The purpose of this section is to allow greater design flexibility than would otherwise be permitted, and to more practically achieve the purposes of the fire hazard overlay district. Upon the agreement of both the Director of Community Development and the Fire Chief or Fire Marshal of the Fontana Fire Protection District, the substitution of alternate protection measures as documented in an approved fire protection plan may be substituted for otherwise applicable requirements if it is found that they provide the same or a greater level of protection from wildfires and other natural hazards, and that they will fulfill the same purpose as the established standard or requirement.

(2)

Applicability. The provisions of Section 30-656(e) alternate protection measures shall apply only to the standards and requirements of:

a.

Site and emergency access.

b.

Length of culs-de-sac.

c.

Width and treatment of fuel modification zones.

d.

Perimeter access to fuel modified and fire hazard areas.

(3)

Substitution of alternative protection measures for development standards and requirements.

a.

If alternative protection measures are proposed, the Fire Chief or Fire Marshal of the fire protection district shall determine, with specific consideration of the effect of the proposed alternative protection measures, whether the proposed development project has adequate provisions for fire protection, including the ongoing maintenance of fuel modified areas. The fire protection district shall give consideration to the recommendations of the fire protection plan and make each and all of the following findings:

1.

The approved alternative protection measures meet the intent of, and serve the same purpose as, all of the established standards and requirements; and

2.

The approved alternative protection measures provide the same or a greater level of protection or are as effective as the established standards or requirements; and

3.

There are clear and substantial reasons for utilizing the alternative protection measures, because they provide for a more efficient and economic use of the site, or provide for a superior design in terms of safety and efficiency, in the opinion of the Fire Chief, Fire Marshal, and the Community Development Director.

b.

If the fire protection district makes a positive determination in compliance with this section, such alternate protection measures shall be approved and signed by the fire protection district prior to approval of the project and may be substituted for specific requirements of this Code and the established standards of the district.

DIVISION 9. - BUSINESS PARK AND WAREHOUSING DISTRIBUTION OVERLAY DISTRICT—VALLEY BOULEVARD

Sec. 30-659. - Business park and warehousing distribution overlay district—Valley Boulevard regulations.

Figure 1

==> picture [318 x 148] intentionally omitted <==

(a)

Applicability. The provisions of this division may be applied to any property with a general plan land use designation of light industrial use (I-L), and a zoning designation of light industrial use (M-1), that is located on the south side of Valley Boulevard, north of Interstate 10 (I-10), west of Catawba Avenue, and east of Cherry Avenue as identified in Figure 1.

(b)

Relation to underlying zoning. The business park and warehousing distribution overlay district—Valley Boulevard (valley business park overlay) is a flexible designation that is intended to apply in conjunction with, or as an alternative to the provisions in the underlying zoning. When utilized in conjunction with the underlying zone, if the provisions of this division are in conflict with the provisions of the underlying zoning district, then the provisions of this division shall apply.

(c)

Intent. The intent of the valley business park overlay is to provide for a well-planned and orderly development of business park and warehousing distribution uses on properties within the M-1 zone located on the south side of Valley Boulevard, north of Interstate 10 (I-10), west of Catawba Avenue, and east of Cherry Avenue. The vision of this district is to improve the visual aesthetics along the I-10, Valley Boulevard and other areas and encourage economic growth with business parks and warehouses.

(d)

Valley overlay warehousing distribution definition. For the purpose of this division, the term "warehousing distribution" uses shall mean warehouse/distribution facilities used for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials) before their distribution to retail locations or other warehouses. Warehouse/distribution centers are generally greater than 100,000 square feet in size, with a land coverage ratio of approximately 50 to 60 percent, and a dock to high-loading-door ratio of approximately 1:5,000—10,000 square feet. They are characterized by a small employment count due to a high level of automation; significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and good freeway access. They are further characterized by the presence of third-party logistics companies who are neither the manufacturer of the goods to be distributed nor the end user of the goods, but are rather the independent distributor of such goods.

(e)

Business park definition. For the purpose of this division, the term "business park" means a group of two or more buildings on a single or multiple contiguous parcels of land, that are planned, developed, and operated as an integrated site with shared common areas with special attention given to circulation, parking, utility needs, aesthetics, and compatibility located within the valley business park overlay. The office uses that are permitted are those permitted in the underlying zoning of M-1.

(Ord. No. 1830, § 8(Exh. A), 6-9-20)

Sec. 30-660. - Uses permitted.

(a)

General. Any use permitted in the underlying zoning district shall be permitted in the business park and warehousing distribution overlay district—Valley Boulevard, subject to Section 30-647(b).

(b)

Warehousing distribution allowed with a conditional use permit:

(1)

Warehousing, with distribution with high-cube warehouse facilities.

(c)

Prohibited uses:

(1)

Any use not listed in the underlying zoning district or specified in this division are prohibited.

(2)

Other uses deemed incompatible by the director pursuant to Section 30-223.

(Ord. No. 1830, § 8(Exh. A), 6-9-20)

Sec. 30-661. - Zone change required.

An application for a change of zone to establish the valley business park overlay on one or more parcels eligible to receive the overlay, shall be filed with the Planning Division pursuant to Section 30-40 et seq. of this Code.

(Ord. No. 1830, § 8(Exh. A), 6-9-20)

Sec. 30-662. - Design review or administrative site plan review required.

Any development proposal within the valley business park overlay shall be subject to a design review or administrative site plan review process pursuant to Article II, Divisions X and XI et seq. of the Zoning and Development Code.

(Ord. No. 1830, § 8(Exh. A), 6-9-20)

Sec. 30-663. - Development standards and design guidelines.

(a)

General. The development standards and design guidelines in this division shall be minimum requirements for valley business park overlay type uses. Those standards and guidelines not fully addressed in this section shall be as otherwise stated in the appropriate section(s) of the Fontana Municipal Code, including, but not limited to, Sections 30-520 et seq., 30-664 et seq., and 30-679 et seq. of this Code. When this division provides for discretionary authority on the part of the Director of Community Development, Planning Commission, or City Council, that discretion may be exercised to impose more stringent requirements, if deemed necessary, to accomplish the overall intent/objective of the valley business park overlay.

(b)

Maximum building height.

(1)

The maximum building height shall be 60 feet.

(c)

Maximum lot coverage.

(1)

The maximum lot coverage shall be 60 percent.

(d)

Floor-area ratio (FAR).

(1)

The maximum base FAR shall be 0.55.

(e)

Minimum lot size.

(1)

Lots must be a minimum of one acre.

(f)

Building setbacks. All required yard areas (setbacks) shall be clear of all structures and other required site features such as parking areas, loading areas, etc., and shall be landscaped and maintained in a neat, healthy, aesthetically pleasing condition in accordance with the landscaping provisions of this division.

(1)

The minimum building setback for Valley Boulevard and Cherry Avenue shall be 30 feet.

(2)

The minimum building setback for Poplar Avenue and Beech Avenue shall be 25 feet.

(3)

The minimum building setback for the I-10 Freeway shall be 40 feet.

(4)

The minimum building setback for lots abutting collector streets shall be 20 feet.

(5)

The minimum building setback for local streets shall be 15 feet.

(6)

The minimum building interior building setback shall be 20 feet for property lines adjacent to parcels with residential uses including nonconforming residential uses. There shall be no other interior setback requirements.

(7)

These setback requirements may be increased to provide an appropriate separation between uses in order to protect the public health, safety, and welfare if alternative means of providing separation are not practical.

(g)

Parking and drive aisle setbacks (landscape setback area).

(1)

The minimum landscape setback for Valley Boulevard and Cherry Avenue shall be 30 feet.

(2)

The minimum landscape setback for the I-10 Freeway shall be ten feet.

(3)

The minimum landscape setback for Poplar Avenue and Beech Avenue shall be 25 feet.

(4)

The minimum landscape setback for lots abutting collector and local streets shall be 20 feet.

(5)

These setback requirements may be increased to provide an appropriate separation between uses in order to protect the public health, safety, and welfare if alternative means of providing separation are not practical.

(6)

Interior landscape setback:

a.

Interior landscape setbacks for lots adjacent to residential uses, including nonconforming, shall be ten feet.

b.

Other interior landscape setbacks shall be five feet.

(h)

Parking location and buffering. The placement of buildings and parking lots should emphasize the attractive designs of buildings with less emphasis on parking lots. Off-street parking shall be buffered from the right-of-way through landscaping and building placement. Furthermore, visitor and/or employee parking may be located at the front of the building adjacent to the main entry. Service and loading areas may be located at the sides and rear of the building, and must be completely screened when located adjacent to a public right-of-way.

(i)

Parking and loading requirements. The following are regulations for off-street parking and loading. They identify required number of parking and loading spaces for all new development projects and those proposing substantial modifications to existing buildings. For all parking and loading-related information or regulations not specifically addressed in this section, refer Article XI et seq. of this Code.

(1)

General parking and loading requirements.

a.

Methods of calculation.

1.

Multiple uses. If more than one use is located on a site, the total number of required off-street parking and loading spaces shall be the sum of the requirements for the various uses computed separately. If individual uses on the same site have a floor area less than that for which loading spaces would be required, then the total gross floor area of all uses on the site or lot shall be used in determining the required number of loading spaces.

2.

Fractional number. Whenever the computation of the required number of off-street parking or loading spaces results in a fractional number, one additional space shall be required for a fraction of .5 or more, but shall not be required for a fraction of .4 or less.

b.

Off-site location. Required off-street parking spaces shall be located on the same parcel as the use that they are intended to serve, unless reciprocal parking, shared parking or access agreements are recorded between multiple parcels on the same site.

(2)

Required number of parking spaces.

a.

Each land use shall provide the number of off-street parking spaces indicated in Table 1—Parking Requirements by Land Use, except as otherwise may be determined by the Director of Community Development per Section 30-663(i)(1)(b) above.

Table 1

Parking Requirements by Land Use

Motor Vehicle Spaces (Minimum #) per GFA-Gross Floor Area

Distribution and Warehousing Uses

Vehicle Parking:

• 1 space/1,000 sq ft GFA for the first 20,000 sq ft;

• 1 space/2,000 sq ft for the second 20,000 sq ft;

• 1 space/5,000 sq ft for the portion over 40,000 sq ft;

No additional spaces if office area is less than 10% of total building square footage.

Trailer Parking:

• 1 trailer space 12 feet x 52 feet for every four bay doors for buildings 199,999 square feet and smaller (round up to nearest whole number).

1 oversized trailer space (12 feet x 52 feet)/5,000 sq. ft. GFA* for buildings 200,000 square feet and larger for the entire building square footage;

Parallel parking for trailers (12 x 80 feet) may be utilized as required trailer parking for up to 25 percent of required spaces when demonstrated as usable trailer parking.

The area in front of the bay doors and knock out doors shall not be utilized as required trailer parking.

*Truck docks and knock out doors shall not be included in this calculation.

Business Park Valley Boulevard and Office Uses

Vehicle Parking:

1 space/250 sq ft GFA

(3)

Required number of loading spaces.

a.

Each land use shall provide the number of loading spaces indicated in Table 2—Loading Space Requirements. Requirements for uses not specifically listed shall be determined by the Director of Community Development based upon the requirements for comparable uses and upon the particular characteristics of the proposed use. For other standards (e.g., size of loading spaces, location, turning radius, etc.), refer to Section 30-679 et seq. of this Code.

Table 2

(Tractor trailer loading spaces shall be a minimum of 12 feet wide by 70 feet long with a minimum 14 feet clearance.)

(j)

Fences, walls, and screening. The following are standards and guidelines for fences, walls, and screening. Fences, walls, and screening must meet the aesthetic requirements of Section 30-663(n)(3)(a) below.

(1)

Heights.

a.

Front setback area: Solid fencing/wall shall not be allowed to go above a maximum height of 42 inches.

b.

Side and rear setback areas: Solid fencing/wall may not exceed eight feet in height when located behind the required front, side or rear yard, and may not exceed three and one-half feet in height when located in any required setback adjacent to a street.

c.

Screening walls: Refer to Table 3.

Table 3

(2)

Electric fences, barbed wire fencing, chain link, wood and/or similar fencing are prohibited.

(3)

Fences and walls shall be compatible in terms of design and materials with the main structures on the site.

(4)

Roof-mounted and ground-mounted mechanical equipment, utilities, storage, and solid waste storage areas shall be screened from adjoining properties and public rights-of-way by a visual barrier (e.g., wall, fence, landscape material, etc.) to the satisfaction of the Director of Community Development.

(k)

Screening loading bays and storage areas.

(1)

All loading bays shall be completely screened and a sight-line analysis shall be taken from public right-of-way(s) to demonstrate such screening of all bays. Such analysis shall at a minimum contain a site plan and cross section graphics demonstrating the line of sight from the right-of-way to the loading areas at six feet above the right-of-way surface at three points: The centerline of the right-of-way and the property lines on either side of the right-of-way. The graphics shall be to scale, fully dimensional, and contain all building elevations, berms, walls, landscaping, setbacks, fences, and other structures as they are being proposed to be built.

(2)

All incidental storage of materials, including trucks, shall be screened from adjoining properties and public rights-of-way by a visual barrier (e.g., wall, fence etc.) to the satisfaction of the Director of Community Development. Furthermore, such storage shall not be located on any required parking area.

(3)

Walls and fences must meet the design criteria of Section 30-663(n)(3)(a).

(l)

Building orientation.

(1)

All buildings shall be sited and oriented to reduce noise, light and glare, visual and other conflicts. For example, loading areas shall be located in areas where noise from such operations will not adversely impact adjacent, noise sensitive uses.

(2)

Placement of the industrial buildings shall provide the most aesthetic public views and de-emphasize parking areas. Open work areas shall be located away from public views.

(m)

Landscaping.

(1)

Landscaping shall be used alone or in conjunction with other features (e.g. open space buffer, topography) to reduce potential visual and light and glare conflicts.

(2)

Landscape setbacks along public rights-of-way shall incorporate landscape buffers with undulating and variable height earth-mounding (berms), and/or low walls, preferably in a three-tier planting design.

(n)

Design guidelines. The design guidelines in this subsection shall apply to all warehousing distribution and business park projects within the valley business park overlay. Those design guidelines not fully addressed in this section shall be as otherwise stated in the appropriate section(s) of this Code, including, but not limited to, Section 30-479 et seq., Section 30-520 et seq., 30-664 et seq., and Section 30-679 et seq. of this Code. For the purposes of creating an attractive aesthetic environment, buildings are assumed to be fronting the I-10 Freeway with an attractive design.

(1)

Site design.

a.

Site layout.

1.

The layout shall emphasize enhancing the visual aesthetics along the I-10 Freeway by having business parks and warehouses fronting the I-10 Freeway. The Director may allow loading dock areas to front the I-10 Freeway with the following findings:

i.

The guidelines related to fences and walls in Section 30-663 are met.

ii.

The designs of the screening of fences and walls enhance the visual aesthetics of the site.

2.

The arrangement of multiple buildings and associated circulation, and parking areas should reflect a well-organized site plan.

3.

Site development may utilize variations on building placement and landscaping when located near a public street.

b.

Accessory structures.

1.

The design and location of accessory buildings (e.g., security kiosks, maintenance buildings, and outdoor equipment enclosures) shall be incorporated into and be compatible with the overall design of the project and the main buildings on the site.

2.

With the exception of security kiosks, accessory buildings shall be located as far back from the front and street side yard setback area as possible.

3.

Sea/train-type metal containers are prohibited.

4.

Incidental outdoor storage, work, and loading areas shall be incorporated within the building design and located to the rear or side of buildings unless such building side(s) are adjacent to a public street where it would be prohibited.

c.

Courtyards and plazas.

1.

Buildings should be arranged to create opportunities for open space amenities (e.g., plazas, courtyards, outdoor eating areas, etc.). See Figure 2.

Figure 2

==> picture [201 x 156] intentionally omitted <==

(2)

Building orientation.

a.

The organization of buildings, parking areas, and landscaping shall recognize the existing characteristics of the site and shall relate to the surrounding development in scale and character.

b.

Buildings should be oriented in a manner that takes advantage of passive solar design.

c.

Buildings shall be oriented to provide a buffer between sensitive uses (i.e. residential, schools, parks, and medical facilities) and outdoor work areas, loading, and incidental storage.

(3)

Site elements.

a.

Fences and walls.

1.

Walls and fencing materials shall consist of decorative wrought iron, tubular steel, stone, stucco, or brick, and shall be compatible with the overall design character/style of the development. The use of chain-link fence and similar materials is prohibited. See Figures 3 and 4.

Figure 3

==> picture [201 x 135] intentionally omitted <==

Figure 4

==> picture [201 x 237] intentionally omitted <==

Chain link fences, wood fences, electric fences, razor and barbed wire fences are prohibited.

3.

Walls and fences shall be integrated with landscaping along the base of the wall or fence.

4.

Wall heights and surfaces shall be articulated with varying facade depths or pilasters to promote architectural interest, and shall include a cap along the top of the wall.

5.

Landscaping shall be used in combination with walls and fences to visually soften blank surfaces and to deter graffiti. Additionally, all walls shall have an anti-graffiti coating to further deter graffiti, to the satisfaction of the City. See Figure 5.

Figure 5

==> picture [201 x 107] intentionally omitted <==

b.

Screening.

1.

Loading bays and service areas shall be completely screened from public right(s)-of-way by building placement and/or decorative walls. Landscaping may be used in addition to such building placement and/or walls, but shall not be the sole means of screening. A sight-line analysis shall be taken from public right(s)-of-way to indicate screening of all items. The design standards in Section 30-663 must be met.

2.

Trash storage enclosures and outdoor mechanical equipment shall be completely screened from public view.

3.

Roof-mounted equipment shall be screened from public view through use of parapet walls or other approved screening devices. Special consideration shall be given to the screening of roof-mounted equipment on building rooftops that are visible from the public right-of-way. See Figure 6.

Figure 6

==> picture [201 x 147] intentionally omitted <==

c.

Lighting.

Outdoor lighting plans shall take into consideration the location and potential growth pattern of nearby trees (existing and planned) so that appropriate lighting levels are maintained over time.

2.

Energy efficiency shall be considered through use of proper light location and placement, as well as use of energy-efficient bulbs and/or fixtures.

3.

Lighting fixtures shall include hoods or other design techniques to reduce glare and light pollution, especially along major streets, and to prevent light spillover onto adjacent properties.

Lighting shall be provided in project entryways, walkways, and parking lots to promote safety.

5.

Lighting may be mounted on poles or bollards, affixed to building walls, or placed within paved or landscaped areas. Appropriate materials and construction methods shall be used to ensure proper function of project lighting fixtures.

Decorative light fixtures shall be consistent with the architectural design of the building.

Truck and truck trailer parking areas shall incorporate lighting to increase real and perceived security.

(4)

Parking and access.

a.

Parking.

Parking lots shall not be the dominant visual element on the site.

2.

Surface parking areas shall integrate trees and landscape improvements to reduce the heat island effect and to promote better visual aesthetics. 3.

Large parking lots (usually over 100 spaces) shall be divided into multiple, smaller areas and provided with canopy trees located throughout the parking area to reduce the effects of heat and the visual impacts of large parking areas.

4.

Parking lot design shall include water quality storm water facilities consistent with City standards. See Figure 7.

Figure 7

==> picture [201 x 136] intentionally omitted <==

b.

Access.

The use of common (shared) access points and driveways is required for all service and loading areas pursuant to Traffic Engineering's Standard Plan No. 701 Access Management Requirements, to reduce curb cuts along streets. Additionally, placement of vehicle access points close to building entries shall be avoided to minimize pedestrian and vehicular conflicts.

2.

Entry drives shall be clearly marked by special features, (e.g., enhanced paving, prominent landscape features, low-level decorative walls, and welldesigned monument-type signs). See Figure 8.

Figure 8

==> picture [201 x 101] intentionally omitted <==

(5)

Architecture.

a.

Mass and scale.

1.

The mass and scale of the buildings shall respect the visual and physical relationship to the adjacent buildings and surrounding sensitive uses. Taller building elements shall be placed towards the center of the site, with lower elements adjacent to surrounding properties.

2.

Buildings shall be stepped back when adjacent to or in close proximity to sensitive uses (e.g. residential, schools, etc.).

Vertical and horizontal offsets shall be provided to reduce the visual bulk of the building. See Figure 9.

4.

Every building shall have a celebrated entry at the entrance of the building which shall include elements such as up lighting, tall landscaping, and/or architecture elements accentuated at the entry of the building.

Figure 9

==> picture [201 x 137] intentionally omitted <==

b.

Building facades.

Building facades shall incorporate architectural elements such as windows, pillars, and wall plane breaks to minimize blank walls, to create visual interest, and to reduce the opportunity for graffiti.

2.

All building elevations, whether front, side, or rear shall be architecturally detailed.

3.

Architectural accents (e.g., cornices, tiles, trim around windows, grooves in building faces, accent band details, bulkheads, etc.) shall be used to create variation along building facades. See Figure 10.

Figure 10

==> picture [201 x 267] intentionally omitted <==

Roofs shall be designed as an integral component of building form, mass, and facade. Building form shall be enhanced by sloped or offset roof planes, eave heights, and rooflines. See Figure 11.

Figure 11

==> picture [201 x 137] intentionally omitted <==

c.

Colors and materials.

1.

Colors and materials for all structures on-site should consist of earth tones. Use of different colors and materials or textures is strongly encouraged.

Building materials shall be durable and able to withstand long-term exposure to the elements.

3.

Large expanses of smooth material (e.g., concrete) shall be broken up with expansion joints, reveals, or changes in texture and color.

(6) Landscaping.

a.

Landscaping shall be in scale with adjacent structures, streets, and public spaces, and be sized appropriately when fully grown. b.

Landscaped areas should incorporate a three-tiered planting system: 1. Ground cover and flowering plants; 2. Shrubs and vines; and, 3. Trees. c.

Development on corner lots shall be enhanced with a combination of specimen trees, accent plantings, upgraded perimeter wall surfaces, hardscape treatments and landscape lighting adjacent to the street intersection.

d.

Drought-tolerant and low-maintenance trees, vines, and groundcovers shall be used on-site. Drip irrigation systems shall be installed to ensure the highest possible level of water conservation.

e.

Setbacks adjacent to sensitive uses shall include dense landscaping to provide visual screening and noise attenuation. f.

Landscaped berms along site edges shall be used to screen parking, loading and service areas and to serve as a sound reduction measure. See Figure 12.

==> picture [33 x 8] intentionally omitted <==

----- Start of picture text -----
Figure 12
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==> picture [201 x 236] intentionally omitted <==

g.

Surface parking lots shall be well-landscaped to reduce heat island effect and visually reduce the expanse of paved area.

h.

Pervious paving materials are strongly encouraged for sidewalks, pathways, and parking lots or other paved surfaces on-site.

i.

An automatic irrigation system using current equipment and technology shall be provided for planted areas.

j.

Run-off retention and on-site water filtration/stormwater treatment features and bioswales should be a part of the overall landscape design, and can also serve as buffering methods for adjacent businesses. See Figure 13.

Figure 13

==> picture [218 x 140] intentionally omitted <==

k.

Trees shall be selected and placed to provide canopy and shade for walkways, pedestrian open spaces, and parking areas.

l.

Tree and shrub planting shall be in large masses.

m.

Plant material selected shall be suited to the specific soil and micro climatic conditions.

(Ord. No. 1830, § 8(Exh. A), 6-9-20; Ord. No. 1865, § 8(Att. 2), 3-23-21)

DIVISION 10. - R-4 OVERLAY DISTRICT

Sec. 30-663.1. - R-4 overlay district regulations.

(a)

Applicability. The provisions of this division shall apply to the parcels specified in Figure 1.

Figure 1

==> picture [268 x 122] intentionally omitted <==

(b)

Relation to underlying zoning. The R-4 overlay district is a flexible designation that is intended to apply as an alternative to the provisions of the underlying zoning.

(c)

Intent. The intent of the R-4 overlay district is to provide areas for the potential development of affordable housing in close proximity to transit routes and convenience uses in recognition of the need for affordable medium/high density housing.

(Ord. No. 1889, § 5(Exh. A), 2-22-22)

Sec. 30-663.2. - Uses permitted.

Any use permitted in the underlying zoning district shall be permitted along with any use listed in Table 30-453 (Uses Permitted Within Mixed Use Development Projects).

(Ord. No. 1889, § 5(Exh. A), 2-22-22)

Sec. 30-663.3. - General development standards and design guidelines.

General. The development standards and design guidelines applicable to the R-4 overlay shall be consistent with the development standards and design guidelines referenced to R-4 as stated in Section 30-445, Section 30-446, Section 30-447, Section 30-448, Section 30-449, Section 30-450, Section 30451, Section 30-452, Section 30-453, Section 30-454, Section 30-455, and Section 30-456 of this Code.

(Ord. No. 1889, § 5(Exh. A), 2-22-22)

DIVISION 11. - ENTERTAINMENT CENTER OVERLAY DISTRICT

The entertainment center overlay district shall apply to all properties within the boundaries as depicted in the maps under Section 30-663.6 of this division. The regulations established in this overlay district amend certain provisions of this Zoning and Development Code, as expressly set forth within this division. Compliance with the Zoning and Development Code and the West End Specific Plan is required. Where inconsistencies arise between the Zoning and Development Code and the West End Specific Plan, the regulations of this overlay district shall govern.

(Ord. No. 1969, § 4(Exh. A), 5-27-25)

Sec. 30-663.5. - Purpose and intent.

(a)

The entertainment center overlay district is intended to create entertainment destinations that attracts both residents and tourists, thereby enchanting the City's economic vitality and cultural appeal. Targeting these planning areas for commercial/entertainment development along with public art generates visits, foot traffic, economic activity and contribute to placemaking.

(b)

The standards and requirements are intended to provide direction to developers within the overlay district to encourage themed entertainment areas to create a sense of place where patrons visit and gather. The requirement of this overlay establishes uses that are conducive to commercial/entertainment along with City of Fontana/Route 66 branding while maintaining flexibility for individual expression and imaginative design solutions.

(Ord. No. 1969, § 4(Exh. A), 5-27-25)

Sec. 30-663.6. - Entertainment center overlay district boundary.

The maps entitled planning areas 1 through 3 are adopted as a part of this overlay district (Figures 1—3) and defines the boundaries of the three planning areas.

Figure 1: Planning Area 1 Valley Boulevard & Sierra Avenue

==> picture [251 x 321] intentionally omitted <==

Figure 2: Planning Area 2 Foothill Boulevard & Sierra Avenue

==> picture [251 x 322] intentionally omitted <==

Figure 3: Planning Area 3 Foothill Boulevard & Cherry Avenue

==> picture [251 x 319] intentionally omitted <==

(Ord. No. 1969, § 4(Exh. A), 5-27-25)

Sec. 30-663.7. - Permitted uses.

(a)

Uses marked with an asterisk "*" indicate that the use is not permitted on the ground floor for building(s) that are developed with two or more floors.

(b)

Planning area 1 Valley Boulevard and Sierra Avenue areas.

(1)

Principal permitted uses.

a.

Administrative and professional offices.*

b.

Alcohol beverage sales.

On-site sales (with sit down restaurant—Bona fide public eating place).

c.

Antiques retail sales (excludes pawn shop and subleases).

d.

Art gallery.

e.

Bakery (with primary retail sales).

f.

Cannabis (see Chapter 33).

g.

Cigar sales only (excludes smoke shops).

h.

Florist.

i.

Food hall/food court.

j.

Hotels.

k.

Jewelry sales and repair (excludes pawn shops).

l.

Medical services:

Acupuncture.*

Counseling or psychology.*

Dermatology.*

Hearing aids.*

Homeopathy.*

Medical or dental* (excludes acute care, surgery centers, urgent care, and hospitals).

Optometry sales.*

Physical therapy.*

Sports therapy.*

m.

Multi-family/mixed use development* (only allowed if permitted by underlying zone). n.

Museums and galleries.

o.

Personal services:

Barber or hair salon.*

2.

Body art (tattooing, body piercing, and/or permanent cosmetics).*

3.

Day spa.

Med spa.*

Nail salon.*

Skin care.*

p.

Pet sales and supplies (without outdoor storage).

q.

Recreation and entertainment.

1.

Batting cages.

Bowling.

3.

Billiards and pool halls.

4.

Commercial recreation (i.e. tennis, go-kart, miniature golf).

5.

Escape rooms.

6.

Game rooms and amusement arcades.

Health and fitness clubs.

8.

Hobby supply stores.

9.

Roller hockey facilities.

10.

Skating.

r.

Restaurant without drive thru facilities (including cafes, ice cream shop, confectionary/dessert shop, and similar).

s.

Retail sales/general merchandise.

t.

Sporting goods and equipment (excludes gun sales).

u.

Studio:

Art.

Cooking classes.

Dance classes.

Martial arts.

Music school.

Recording/film.*

Pilates, yoga, barre.

v.

Theatres (live stage and movie) and concert halls.

w.

Other similar uses which the Director of Planning finds compatible with the permitted uses described herein, consistent with the purpose and intent of the planning area and not a of a type to affect adversely the use of adjoining properties. Application for determination of similar uses shall be submitted to the Planning Department for review and consideration.

(2)

Minor use permit uses.

a.

Alcohol beverage sales.

1.

On-site sales: Bar, lounge, or nightclub (with or without entertainment).

2.

Off-site sales (no tasting room) no convenience store.

3.

On- or off-site sales (with tasting room) no convenience store.

4.

Micro-brewery with tasting room.

5.

Micro-winery with tasting room.

Micro-distillery (spirits) with tasting room.

b.

Café (cyber, animal, gaming).

(3)

Conditionally permitted uses.

a.

Cigar lounge/hookah lounge/smoking room.

b.

Massage/acupressure.*

c.

Nightclub.

d.

Public assembly/auditoriums/meeting halls/religious facilities.

(c)

Planning area 2—Foothill Boulevard and Sierra Avenue.

(1)

Principal permitted uses.

a.

Administrative and professional offices.

b.

Alcohol beverage sales.

1.

On-site sales (with sit down restaurant—Bona fide public eating place).

c.

Antiques retail sales (excludes pawn shop and subleases).

d.

Art gallery.

e.

Bakery (with primary retail sales).

f.

Cannabis (see Chapter 33).

g.

Cigar sales only (excludes smoke shops).

h.

Florist.

i.

Food halls/food court.

j.

Hotels.

k.

Jewelry sales and repair (excludes pawn shops).

l.

Medical services:

Acupuncture.

Counseling or psychology.

Dermatology.

Hearing aids.

Homeopathy.

Medical or dental (excludes acute care, surgery centers, urgent care, and hospitals).

Optometry sales.

Physical therapy.

9.

Sports therapy.

m.

Multi-family/mixed use development* (only allowed if permitted by underlying zone).

n.

Museums and galleries.

o.

Personal services:

Barber or hair salon.

2.

Body art (tattooing, body piercing, and/or permanent cosmetics).*

3.

Day spa.

Med spa.

Nail salon.

6.

Skin care.

p.

Pet sales and supplies (without outdoor storage).

q.

Recreation and entertainment.

Batting cage.

Bowling.

Billiards and pool halls.

Commercial recreation (i.e. tennis, go-kart, miniature golf).

Escape rooms.

Game rooms and amusement arcades.

Health and fitness clubs.

Hobby supply stores.

9.

Roller hockey facilities.

Skating.

r.

Restaurant without drive thru facilities (including cafes, ice cream shop, confectionary/dessert shop, and similar).

s.

Retail sales/general merchandise.

t.

Sporting goods and equipment (excludes gun sales).

u.

Studio:

Art.

Cooking classes.

Dance classes.

Martial arts.

Music school.

6.

Recording/film.

7.

Pilates, yoga, barre.

v.

Theatres (live stage and movie) and concert halls.

w.

Other similar uses which the Director of Planning finds compatible with the permitted uses described herein, consistent with the purpose and intent of the planning area and not a of a type to affect adversely the use of adjoining properties. Application for determination of similar uses shall be submitted to the Planning Department for review and consideration.

(2)

Minor use permit uses.

a.

Alcohol beverage sales.

1.

On-site sales: Bar, lounge, or nightclub (with or without entertainment).

2.

Off-site sales (no tasting room) no convenience store.

3.

On- or off-site sales (with tasting room) no convenience store.

4.

Micro-brewery with tasting room.

5.

Micro-winery with tasting room.

6.

Micro-distillery (spirits) with tasting room.

b.

Café (cyber, animal, gaming).

(3)

Conditionally permitted uses.

a.

Cigar lounge/hookah lounge/smoking room.

b.

Massage/acupressure.

c.

Nightclub.

d.

Public assembly/auditoriums/meeting halls/religious facilities.

(d)

Planning area 3—Foothill Boulevard and Cherry Avenue.

(1)

Principal permitted uses.

a.

Administrative and professional offices.

b.

Alcohol beverage sales.

1.

On-site sales (with sit down restaurant—Bona fide public eating place).

c.

Antiques retail sales (excludes pawn shop and subleases).

d.

Art gallery.

e.

Bakery (with primary retail sales).

f.

Cannabis (see Chapter 33).

g.

Cigar sales only (excludes smoke shops).

h.

Florist.

i.

Food hall/food court.

j.

Hotels.

k.

Jewelry sales and repair (excludes pawn shops).

l.

Medical services:

Acupuncture.

Counseling or psychology.

Dermatology.

Hearing aids.

Homeopathy.

6.

Medical or dental (excludes acute care, surgery centers, urgent care, and hospitals).

Optometry sales.

8.

Physical therapy.

9.

Sports therapy.

m.

Multi-family/mixed use development* (only permitted if allowed by underlying zone).

n.

Museums and galleries.

o.

Personal services:

Barber or hair salon.

2.

Body art (tattooing, body piercing, and/or permanent cosmetics).

3.

Med spa.

4.

Nail salon.

Skin care.

Day spa.

p.

Pet sales and supplies (without outdoor storage).

q.

Recreation and entertainment.

1.

Bowling.

2.

Batting cages.

3.

Billiards and pool halls.

4.

Commercial recreation (i.e. tennis, go-kart, miniature golf).

Escape rooms.

Game rooms and amusement arcades.

Health and fitness clubs.

8.

Hobby supply stores.

9.

Other indoor or outdoor amusement (i.e., go-kart, miniature golf).

Roller hockey facilities.

Skating.

r.

Restaurant without drive thru facilities (including cafes, ice cream shop, confectionary/dessert shop, and similar).

s.

Retail sales/general merchandise.

t.

Sporting goods and equipment (excludes gun sales).

u.

Studio.

1.

Art.

Cooking classes.

Dance classes.

Martial arts.

5.

Music school.

6.

Recording/film.

7.

Pilates, yoga, barre.

v.

Theatres (live stage and movie) and concert halls.

w.

Other similar uses which the Director of Planning finds compatible with the permitted uses described herein, consistent with the purpose and intent of the planning area and not a of a type to affect adversely the use of adjoining properties. Application for determination of similar uses shall be submitted to the Planning Department for review and consideration.

(2)

Minor use permit uses.

a.

Alcohol beverage sales.

1.

On-site sales: Bar, lounge, or nightclub (with or without entertainment).

2.

Off-site sales (no tasting room) no convenience store.

3.

On- or off-site sales (with tasting room) no convenience store.

4.

Micro-brewery with tasting room.

5.

Micro-winery with tasting room.

6.

Micro-distillery (spirits) with tasting room.

b.

Café (cyber, animal, gaming).

(3)

Conditionally permitted uses.

a.

Cigar lounge/hookah lounge/smoking room.

b.

Restaurant drive-thru food establishment.

c.

Massage/acupressure.

d.

Nightclub.

e.

Public assembly/auditoriums/meeting halls/religious facilities.

(Ord. No. 1969, § 4(Exh. A), 5-27-25)

Sec. 30-663.8. - Public art purpose and intent.

(a)

Purpose and intent. Public art are key factors and an important aspect of creating and contributing to a sense of place and themed areas. The purposed and intent of public art is:

(1)

To promote an identity/sense of place for each planning area in the entertainment center overlay district;

(2)

To preserve and enhance the appearance of Fontana [as] a place to live and recreate and as an attraction to visitors who come to visit, shop, eat, or recreate; and

(3)

To set forth a coordinated theme for the overlay districts by requiring an administrative site plan review.

(Ord. No. 1969, § 4(Exh. A), 5-27-25)

Sec. 30-663.9. - Public art.

(a)

Public art definition. Artwork intended for public display and accessible to the general public prepared by an artist. Decorative or functional elements which are designed by the building architect as opposed to an artist are not considered art. Artwork includes but is not limited to a painting, mural, inscription, stained glass, fiber work, statue, relief or sculpture, monument, fountain, arch, or other structures intended for ornament or commemoration. Also included in this definition is any installation that is technological in nature or includes carvings, murals, mosaics, mobiles, photographs, drawings, collages, prints, crafts, both decorative and can include clay, fiber, wood, metal, glass plastics, and other materials. Works of art shall be permanent.

(b)

Applicability. All development projects located within entertainment center overlay district that is subject to a design review is required to provide public art or pay a public art fee.

(c)

Application submittal requirements. An administrative site plan, minor application is required for the installation of public art. The administrative site plan, minor application for the public art shall be submitted in conjunction with the planning entitlements to develop the site and completion of the public art shall be completed prior to certificate of occupancy. As a part of the applications the following items shall be submitted:

(1)

Landscape and/or site plans indicating the location and orientation of the on-site artwork that integrates the artwork into the overall project design;

(2)

A sample, model, photograph or drawings of the proposed on-site artwork;

(3)

Material samples and finishes if appropriate;

(4)

The artist's resume and portfolio of past work, which demonstrates competency with the materials and forms proposed for the on-site artwork proposal;

(5)

A written statement by the artist describing the on-site artwork, as well as a discussion of the manner in which the proposed on-site artwork meets the findings established by Section 30-663.9(f);

(6)

A maintenance plan for the maintenance of the on-site artwork; and

(7)

Any such additional information or material as may be required by the Planning Director.

(d)

Requirements for public art.

(1)

Planning area 1—Valley Boulevard and Sierra Avenue areas. artwork in planning area 1 is required to contributes to Fontana historical agricultural or steel mill (Henry J. Kaiser's) themes.

(2)

Planning area 2—Foothill Boulevard and Sierra Avenue and Planning area 3—Foothill Boulevard and Cherry Avenue. Artwork in planning areas 2 and 3 shall incorporate a Route 66 theme.

(3)

Public art can incorporate elements that also serve a specific function (such as fencing, railing, lighting, or gates) but in order to be considered public art, they must be designed by a professional visual artist and custom fabricated for the site and visible from public views.

(4)

Materials, structural and surface components that are inherently resistant to theft, vandalism, weathering, and excessive maintenance or repair costs shall be utilized.

(5)

Location. Public art must be located in areas clearly visible from the public street or sidewalk, in publicly accessible outdoor areas, or public accessible lobby areas.

(e)

Disqualifying characteristics for public art:

(1)

Directional elements such as super graphics or signage are not allowed except where these elements are: integral parts of the original artwork, executed by the artist in unique or limited editions, contribute to a Route 66/Fontana theme as required in the planning areas as required in Section 30-663.9(e)a and b.

(2)

Artwork that incorporates the tenant/business logos, branding, images, text or other elements that relate directly to a specific business's or organization's branding or marketing themes is not permitted.

(3)

Art objects which are mass-produced and of standard design such as playground equipment, trellises, or fountain pieces are not permitted.

(4)

Decorative or functional elements which are designed by the building architect as opposed to an artist are not permitted.

(5)

Landscape design except where it is designed by an artist and is integral part of the artwork are not permitted.

(6)

Temporary art exhibitions are not permitted.

(f)

Findings of approval for administrative site plan, minor.

(1)

The artist has demonstrated qualifications to complete the proposed on-site artwork with the highest professional standards.

(2)

The artwork contributes to the themes and meetings the requirements of Section 30-663.9(d).

(3)

There is sufficient public visibility and accessibility to the on-site artwork, and the proposed on-site artwork is compatible with and harmonious with the development project and surrounding environment.

(4)

The proposed on-site artwork is durable and cost effective to maintain using ordinary methods of maintenance.

(5)

The budget for the proposed on-site artwork and any in-lieu fees proposed by the applicant is equivalent to or exceeds the required program allocation.

(g)

All property owners are responsible for maintaining the artwork in clean, undamaged condition for the lifetime of the artwork.

(h)

Public art example.

(1)

Figure 1.

==> picture [151 x 104] intentionally omitted <==

(Ord. No. 1969, § 4(Exh. A), 5-27-25)

ARTICLE X. - GENERAL LANDSCAPE REQUIREMENTS[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 1895, §§ 1—7, adopted June 28, 2022, amended Art. X in its entirety, in effect repealing and reenacting said Art. X to read as set out herein. The former Art. X, §§ 30-664—30-677, pertained to similar subject matter and derived from Code of 1995; and Ord. No. 1865, § 8(Att. 2), adopted March 23, 2021.

Sec. 30-664. - Purpose.

This article establishes requirements and design guidelines for landscape development within the City. The requirements are intended to:

• Encourage harmonious landscape design;

• Ensure that all landscape development is responsive to the physical characteristics and nature of the site and its surrounding environment; and

• Ensure that the landscape incorporates water-efficiency standard design.

(1)

Plans and specifications required. The following are required:

a.

Landscape grading and drainage plan.

b.

Planting plan.

c.

Irrigation plan.

d.

Water efficiency landscape worksheet.

e.

Specifications and details.

New landscaping of 500 square feet or more or rehabilitated (remove and replace) landscaping of 2,500 square feet or more require an application for plan check from the City of Fontana.

Landscape improvements per approved plans and specifications shall be completed and a final landscape inspection shall be completed prior to the issuance of the certificate of occupancy.

The certificate of occupancy may be permitted by the Planning Director or his/her designee on a case-by-case basis prior to final landscape inspection approval.

(Ord. No. 1895, § 7, 6-28-22)

Sec. 30-665. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Decorative hardscape shall mean materials used to enhance the landscape area which includes but are not limited to material such as cobble, rock, decomposed granite in combination with binding material, brickwork, gravel, pavers, water features, stamped concrete.

Drip Irrigation means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of the plants. Drip irrigation is considered a form of subsurface irrigation.

Established landscape means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

Hardscape means any durable material (pervious and non-pervious). See "Decorative hardscape" above.

Hydrozone means a portion of the landscaped area having plants with similar watering needs and rooting depth.

Impervious means any surface or material that does not allow the passage of water through the material and into the underlying soil.

Invasive plant species means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and the United Stated Department of Agriculture (USDA) invasive and noxious weeds database.

es of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and the United Stated Department of Agriculture (USDA) invasive and noxious weeds database.

Landscape area means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation (as defined in FCC 28-93). The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, or other pervious or non-pervious hardscapes or other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

Landscape documentation package means the documents required under FCC section 28-95 and FCC section 30-664(a—e).

Landscape setbacks means the required distance between a property line and a structure or parking lot.

Line-of-site means a straight line along which an observer has unobstructed vision.

Low impact development means a stormwater management and land development strategy applied at the parcel and subdivision scale that emphasizes conservation and use of on-site natural features integrated with engineered, small scale hydrologic controls to more closely mimic pre-development hydrologic functions.

New construction means for a new building with a landscape or other new landscape such as a park, parkway, parkway median, playground, or greenbelt without an associated building.

Open space means any parcel, or part thereof, area of land designated or reserved for public or private use or enjoyment. An active open space contains recreational facilities such as swimming areas, courts, play equipment, game areas, playing fields and equipment required for recreational activities.

Overhead irrigation means systems that deliver water through the air (e.g. sprinklers, pop-up heads, and rotors).

Overspray means the irrigation which is delivered beyond the target area.

Pervious means any surface or material that allows the passage of water through the material and into the underlying soil.

Rehabilitated landscape means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of FCC Section 2892, and the modified landscape area is equal to or greater than 2,500 square feet.

Sight Distance means the length of the roadway ahead that is visible to the roadway user per the American Association of State Highway and Transportation Official's (AASHTO) "A policy of geometric design of highways and streets" or as provided by this chapter.

Sight triangle means the specified areas along intersection approach legs and across their included corners per AASHTO "A policy of geometric design of highways and streets," or as provided by this chapter. These areas shall be clear of obstructions that may block a driver's view of potentially conflicting vehicles.

Sensitive receptor means any residence including private homes, condominiums, apartments, and living quarters, schools, preschools, daycare centers, inhome daycares, health facilities such as hospitals, long term care facilities, retirement and nursing homes, prisons, and dormitories.

Special landscape area (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.

Turf means a groundcover surface of mowed grass. Turf includes, but is not limited to, Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue and Tall fescue are cool season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm season grasses.

Water Efficient Landscape Ordinance means the local ordinance adopted by the City of Fontana as Ordinance No. 1743, FCC Article IV, Chapter 28, regarding landscaping and water conservation.

(Ord. No. 1895, § 7, 6-28-22)

Sec. 30-666. - Reserved. Sec. 30-667. - General landscaping requirements.

(a)

The following requirements and standards apply to all landscape areas:

(1)

Summer and winter landscape design. Landscaping and building architecture shall be designed to provide shade in the summer and allow sunlight in the winter.

(2)

Scenic open space. Scenic open space adjacent to a project or to a street shall be integrated into the landscape concept.

(3)

Design. Landscaped areas shall be used to frame, soften and enhance the quality of the environment to buffer buildings from noise or undesirable views and to break-up large expanses of parking. Trees, shrubs, and groundcovers shall be utilized in all planting areas. Crime prevention through environmental design (CPTED) standards shall be considered.

a.

Landscaping shall be used alone or in conjunction with other features (e.g., open space buffer, topography) to reduce potential visual, light and glare conflicts.

b.

Landscaping shall be provided pursuant to the City's most current adopted standard specifications, which are available from the Engineering Department.

c.

All proposed trees shall be selected from the adopted City of Fontana Urban Greening Tree Palette available from the Planning Division and shall meet these minimum container and trunk caliper sizes:

1.

Fifteen gallon: One-inch caliper trunk.

2.

Twenty-four-inch box: One and one-half-inch caliper trunk.

Thirty-six-inch box: Two and one-half-inch caliper trunk.

4.

If the caliper size cannot be met at the container size, then the container size shall be increased to meet the required caliper.

d.

Open spaces shall provide visual, harmonious and functional landscape design and access connection to the primary building entry.

e.

Slope areas. All slopes greater than four to one (25 percent) shall be landscaped.

1.

Groundcovers at 12 inches on center maximum, and one tree minimum of 15-gallon size trees with a minimum one-inch caliper trunk per each 300 square feet minimum of slope surface, and one shrub per 50 square feet of slope surface shall be provided. Hydro-seeding is permitted. Residential slopes in rear and side yards that are not over four-feet tall with a 4:1 slope are not required to be landscaped.

2.

Slopes greater than 25 percent shall not be irrigated with an irrigations system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of the runoff and erosion must be confirmed during the irrigation audit.

3.

Control management plan slopes. All slopes equal to or greater than two to one (2:1) shall require an erosion control management plan. The plan shall address soil stabilization, erosion control, drainage, irrigation system design and plant materials and the maintenance thereof. Slopes greater than two to one (2:1) are not allowed unless otherwise approved by the city.

f.

Turf. Other than in special landscape areas turf shall not exceed more than 35-percent of the total landscaped area, unless specified elsewhere in this article, and shall be valved separately in its own hydrozone. Turf shall be separated from walls, fences, and/or structures by a minimum five-foot wide, fully landscaped planter(s) where allowed, and by a minimum three-foot wide, fully landscaped planter(s) unless otherwise approved by the Planning Director.

g.

Artificial turf. Artificial turf may be used provided it meets the following minimum specifications:

1.

Pile height: 1.5 inches

2.

Gauge: ⅝ inch

3.

Stitch rate: 20/10 cm

4.

Face weight: 52 oz.

The above standards may be modified with approval of the Planning Director.

h.

Irrigation.

1.

Automatic irrigation system. All landscaped areas shall be provided with a subsurface and/or drip automatic irrigation system capable of complete coverage of the landscaped areas (head-to-head coverage). Water conservation techniques shall be incorporated into the design of the irrigation system and shall be designed to minimize run-off and other wasting of water. Projects are encouraged to incorporate reclaimed water (where available) and/or onsite capture and reuse systems.

In areas where allowed, overhead irrigation (sprinklers, pop-up heads, rotors) shall have matched precipitation. Nozzles will be spaced at 50 percent of their diameter assuring 100 percent coverage. Sprinklers, rotors, and other overhead irrigation shall be installed a minimum of 24-inches from any impermeable surface unless the impermeable surface drains directly and completely to another landscaped area. Overhead irrigation is not allowed in planter areas less than 10 feet wide.

3.

Water velocity through pipe shall not exceed 6.2 feet per second.

4.

Backflow preventer. Backflow protection per local code shall be required on all irrigation systems, which are supplied by a potable water system.

5.

Turf and shrub areas shall be valved separately.

6.

For residential developments where applicable, the main line shall be stubbed out and capped three feet beyond side yard fence with three control wires minimum and one common wire from irrigation controller. They shall be installed in a round, six-inch valve box.

i.

Asphalt paving and/or turf shall not abut buildings, structures, walls or fences unless otherwise approved by the Director of Planning.

j.

Concrete curbing of six inches minimum height shall be constructed to contain all landscape areas that abut to asphalt paving, except where decorative walls are provided. Curb cuts/openings shall be incorporated in the concrete curbing at locations that allow stormwater to drain to landscape areas.

k.

Invasive or destructive species. Invasive plant species as defined by county agricultural agencies as noxious species are prohibited. In addition, plant material known to have invasive or destructive root systems shall be avoided. Similarly, plants known to have messy and/or staining fruit and/or brittle limbs shall also be avoided., Lists of invasive plants are maintained at the California Invasive Plant Inventory and the United Stated Department of Agriculture (USDA) invasive and noxious weeds database.

l.

Native species encouraged. Native drought-tolerant plant material shall be given preference.

m.

Root barriers. Root barriers shall be installed when trees are located within six feet of sidewalks, curbs, foundations, utility boxes or structures, and/or walls.

n.

Street trees. All new developments shall provide street trees spaced on-center at a distance equal to the species mature canopy size. Each tree shall have a minimum size of 24-inch box size with a minimum one and one-half-inch caliper trunk. Tree species shall conform to the City of Fontana Urban Greening Tree Palette established by the Development Services Organization.

o.

Maintenance. In accordance with Fontana Municipal Code Section 24-108, all landscaped and paved areas shall be maintained in a neat and orderly condition with healthy landscaping free of weeds and litter. Additionally, irrigation systems shall be maintained in a fully operational condition. All paved areas, walls and fences in landscaped areas shall be in good repair without broken parts, holes, potholes, or litter, etc.

p.

Sight distance.

1.

Sight distance shall be provided and maintained. Objects, such as plants, elevation changes, monument walls, garden and retaining walls and the terrain itself, shall not exceed 30 inches above the roadway and shall not interfere or obstruct the line-of-sight.

2.

Sufficient right-of-way shall be dedicated to providing for all primary and secondary landscaped entry statements (including trees) with consideration to sight distance and maintain line-of-sight.

Trees shall not be planted within the sight triangle. The plans shall show topographical information, shrub and tree species size and location, and also show the location of the irrigation controller and meter/backflow device.

4.

It is the responsibility of the adjacent property owner to maintain the intersection site distance and line-of-site landscaping in good physical condition and appearance.

q.

All new developments providing landscaping shall conform to the Fontana Municipal Code, which pertains to water efficient landscape. (Landscape and Water Conservation Ordinance Fontana Municipal Code: Chapter 28, Article IV, Sections 28-91 through 28-115, FMC).

r.

Adjacent to open space and/or high fire hazard areas. Adjacent to identified high fire hazard areas and natural open spaces, two zones shall be established to protect structures from fire hazard. Unless an alternate fire protection plan is approved by the City of Fontana Fire Agency the zones shall be as follows:

1.

Zone 1 shall extend 25 to 50 feet from the building footprint, driveways and similar surfaces and shall be planted with fire resistant vegetation.

2.

Zone 2 shall extend up to 100 feet from Zone 1. Fire resistant species are preferred, but native species may be maintained if the covering is thinned.

(4)

Existing tree preservation.

a.

Existing tree preservation shall be subject to the provisions of Fontana Municipal Code Chapter 28, Article III, Preservation of Heritage, Significant, and Specimen Trees.

(Ord. No. 1895, § 7, 6-28-22)

Sec. 30-668. - Low impact development.

(a)

A minimum of two of the following low impact development standards shall be incorporated into all new development projects or rehabilitated landscaping to the maximum extent practical and shall be shown on all landscape plans:

(1)

Curb cutouts to allow stormwater to drain to landscape areas (landscape areas shall be planted at two inches below grade, including the required mulch layer);

(2)

Precast permeable concrete in parking stalls, pedestrian paths, and above surface drainage (v-ditches);

(3)

Tree Preservation;

(4)

Vegetated swales, buffers, and strips;

(5)

Bioretention and rain gutters;

(6)

Roof leader disconnection from storm drain systems to landscape areas (landscape areas shall be planted at two inches below grade, including the required mulch layer);

(7)

Rain barrels and cisterns for capture and reuse; and,

(8)

Other low impact development standards may be approved subject to approval by the Planning Director.

(b)

All low impact development standards used shall be consistent with any project specific water quality management plan.

(c)

All landscaping and grading plans shall be consistent with the associated low impact development standards.

(Ord. No. 1895, § 7, 6-28-22)

Sec. 30-669. - Residential districts.

(a)

General. In addition to the general landscaping requirements in Section 30-667, The following requirements shall apply except for walkable mixed-use districts:

(1)

Single family, and residential planned unit development districts.

a.

Required landscape. Landscaping shall be provided by the developer in all required front yards, side yards, and on corner lots including street parkway areas.

b.

No more than 50 percent of the required front yard setback area may be covered by non-decorative hardscape features (e.g., concrete, asphalt, gravel, driveways, sidewalks, porches, etc.) Of the remaining 50 percent, no more than 25 percent may be covered by decorative hardscape features (e.g., brick, stone, fountains, ponds, etc.) and no more than 35 percent shall be covered by turf. If the original driveway exceeds 50 percent of the required front yard setback, no additional hardscape shall be permitted.

c.

An automatic irrigation system shall be required for the front yard and side yard landscape area(s) including adjacent street parkways. Grouted cobble or other decorative hardscape may be permitted on corner lot side yards subject to approval of the Planning Director.

d.

Plant size and numbers. All required landscaping materials shall not be less than the following quantities and sizes:

1.

Required trees. Not less than two 15-gallon trees with a minimum one-inch caliper trunk or larger shall be provided for each residential lot. Additionally, not less than one 24-inch box tree shall be located within the adjacent street parkway. The two front yard trees shall be placed to maximize shade to the adjacent sidewalk and to provide shade to the house to increase energy efficiency in the summer. Corner lots will require additional street trees for each 30 linear feet of side yard.

2.

Required shrubs. Shrub sizes shall vary, with not less than 50 percent being a minimum of five-gallon in size and planted at a spacing equal to 80 percent of the maximum growth rate for each species as noted in the Sunset Western Garden Book.

3.

Lawns. Any proposed lawn areas of turf shall be sodded and shall not exceed 35 percent of the total landscape area per Section 30-669[(a)(1)b].

4.

Groundcover. Groundcover shall be planted in such a way to result in substantial coverage of the area within one year of initial planting. To achieve this, groundcover shall be planted at a spacing equal to 80 percent of the maximum growth rate for each species as noted in the Sunset Western Garden Book

e.

Walls. Walls visible from the public right-of-way shall be constructed with decorative materials such as slump stone, split face or other decorative block as determined by the Planning Director. Any walls within a residential zone continuous for more than 50 feet along a collector or an arterial (as defined in the circulation element of the general plan) public street shall have a minimum ten-foot landscaped setback from the street right-of-way line. The ten-foot landscaped setback shall include 24-inch box evergreen trees with a minimum one and one-half-inch caliper trunk spaced apart by a distance equal to

sidential zone continuous for more than 50 feet along a collector or an arterial (as defined in the circulation element of the general plan) public street shall have a minimum ten-foot landscaped setback from the street right-of-way line. The ten-foot landscaped setback shall include 24-inch box evergreen trees with a minimum one and one-half-inch caliper trunk spaced apart by a distance equal to

trees' mature canopy size, groundcover, and the decorative hardscape as determined by the Planning Director or his/her designee. Any solid masonry wall within 15 feet of a front or side property line shall be screened with any suitable combination of shrubs, trees, vines, or ornamental groundcovers to the satisfaction of the Planning Director or his/her designee.

1.

Block walls located on side yards for corner lots shall be located a minimum five feet from the street right-of-way and shall maintain a minimum five feet between the wall and dwelling unit. The five-foot area between the wall and street right-of-way shall be landscaped and irrigated in accordance with this article.

(2)

Medium density residential districts.

a.

Required landscape. Landscaping shall be provided by the developer in front yards, side yards, and on corner side yards including street parkway areas.

b.

An automatic irrigation system shall be required for the front and side yard and corner side yard landscape area(s) including adjacent street parkways unless corner side yards are entirely of decorative hardscape.

c.

Trees. One tree minimum for each 300 square feet of required yard area, including front yards, side yards, rear yards and common open space. Each tree shall have a minimum size of 24-inch box with a minimum one and one-half-inch caliper trunk spaced apart by a distance equal to trees' mature canopy size. Of the required trees, 20 percent shall be a minimum 36-inch box with a minimum two and one half-inch caliper trunk spaced apart by a distance equal to trees' mature canopy size or larger. City may require larger box trees at the discretion of the City Planning Director/City Engineer or his/her designee.

1.

Street trees. All new developments shall provide at least one tree of not less than 36-inch box size with a minimum two and two and one-half-inch caliper trunk spaced apart by a distance equal to trees' mature canopy size or for each 30 linear feet of street frontage, whichever is lessor. In parkways of inadequate width, existing street furniture, or driveways, the required street tree(s) shall be planted in the abutting yard area.

d.

Shrubs. Three shrubs for each tree. Shrub sizes shall vary 50 percent five-gallon and 50 percent one-gallon.

e.

Groundcover. Groundcover shall be planted 12 inches on center so that coverage is achieved within one year of initial planting.

f.

Screening of exterior equipment. All mechanical equipment, ground mounted equipment, utilities, and storage, shall be screened from adjoining properties and public rights-of-way by a visual barrier such as a decorative wall, fence, or landscape material to the satisfaction of the Planning Director or his/her designee. Where only landscaping is used for screening, it shall be planted with shrubs of sufficient size and density and spaced to provide a continuous dense screen.

g.

Parking areas. Where a parking lot is provided in medium density residential developments, all common parking areas shall be designed and landscaped to break up a large single paved area and shall include predominantly fast-growing trees to create summer shade. All trees shall be no less than 24-inch box in size with a minimum one and one-half-inch caliper trunk. In addition, the following parking lot landscape standards shall be implemented:

1.

Screening. Parking areas shall be screened from streets through combinations of mounding if such mounding is in compliance with the approved water quality management plan (WQMP), landscaping, low profile walls and grade separations.

2.

Perimeter planter. A landscaped planter at least five feet wide, excluding overhang, curb and walkways, shall be provided wherever a parking facility adjoins a side or rear property line.

3.

Landscape protection. All landscaping shall be protected by concrete curbs of at least six inches in height. Finger and end of aisle planters on the parking space side shall have a decorative 18-inch-wide concrete surface measured from curb face to curb face with a minimum four-foot-wide planting area.

Finger aisle planters and end of aisle planters shall be a minimum of seven feet wide.

4.

End of aisles. All parking areas shall provide a landscaped planter of a minimum width of five feet at the ends of all parking aisles with an additional decorative 18-inch-wide concrete surface to allow access to the parked vehicle. All planting areas shall have round corners instead of 90-degree corners and be shaped to permit vehicle turn movements.

5.

Trees required. One tree shall be provided for each four parking stalls. Trees may be of a species that provides visibility to signage and storefronts.

6.

Parking area setbacks. Consistent with general plan goals to provide attractive streetscapes, parking areas shall be setback from the public right-of-way as specified in Tables No. 30-464 A-C. The setback area shall be landscaped as required by the landscaping provisions of this article.

7.

Alternate design. An alternate parking lot planter design may be approved if it exceeds the minimum criteria as specified herein, or otherwise meets the satisfaction of the City Planning Director and City Engineer or his/her designee.

h.

An alternate landscape plan design may be approved by Planning Director or his/her designee if the resulting mature tree canopy coverage will be equal to or greater than the above standard.

i.

Walls. Walls visible from the public right-of-way shall be constructed with decorative materials such as slump stone, split face or other decorative block as determined by the Planning Director or his/her designee. Any walls within a residential zone continuous for more than 50 feet along a collector or an arterial (as defined in the circulation element of the general plan) public street shall have a minimum ten-foot landscaped setback from the street right-of-way line. The ten-foot landscaped setback shall include 24-inch box trees with a minimum one and one-half-inch caliper trunk spaced apart by a distance equal to trees' mature canopy size, groundcover, and the decorative hardscape as determined by the Planning Director or his/her designee. Any solid masonry wall within 15 feet of a front or side property line shall be screened with any suitable combination of shrubs, trees, vines, or ornamental groundcovers to the satisfaction of the Planning Director/City Engineer or his/her designee.

Block walls located on side yards for corner lots shall be located a minimum five feet from the street right-of-way and shall maintain a minimum five feet between the wall and dwelling unit. The five-foot area between the wall and street right-of-way shall be landscaped and irrigated in accordance with this article.

(3)

Multi-family residential districts.

a.

Required landscape. A minimum of 15 percent of the total site area, not including building footprint area, shall be landscaped to the satisfaction of the Planning Director/City Engineer or his/her designee. The percentage of landscape area shall be stated on the landscape plans. Landscaping shall be provided by the developer in all required front, side, and on corner setback areas including street parkways, and private and common open space areas, as required by the community development department.

1.

Setback areas.

i.

Front yard.

(A)

Setback areas designed with entrance stoops, or porches, shall contain a private landscape area with a 36-square-foot or larger open space area and one 24-inch box tree.

b.

An automatic irrigation system shall be required for all landscape area(s).

c.

Trees. One tree minimum for each 300 square feet of required landscape area, including front, side, and rear setback areas and common open space shall be provided. Each tree shall have a minimum size of 24-inch box with a minimum one and one-half-inch caliper trunk spaced apart by a distance equal to

trees' mature canopy size. Of the total required trees, 20 percent shall be 36-inch box with a minimum two and one-half-inch caliper trunk spaced apart by a distance equal to trees' mature canopy size or larger. City may require larger box trees at the discretion of the City Planning Director/City Engineer or his/her designee.

1.

Street trees. All new developments shall provide not less than one tree of not less than 36-inch box size with a minimum two-and one-half inch caliper trunk spaced apart by a distance equal to trees' mature canopy size along the street frontage. In parkways of inadequate width, the required street tree(s) shall be planted in the abutting yard area.

d.

Shrubs. Three shrubs for each tree not less than 50 percent of shrubs shall be five-gallon in size.

e.

Groundcover. Groundcover shall be planted 12 inches on center so that coverage is achieved within one year of initial planting.

f.

Common area open space. Lawn areas of sodded turf shall not exceed 35 percent of the landscaped area except if it is part of an open play area as a required amenity. All other common area open space shall be landscaped in accordance with the general landscape requirements of this chapter (FCC Section No. 30-667).

g.

Screening of exterior equipment. All mechanical equipment, ground mounted equipment, utilities, and storage, shall be screened from adjoining properties and public rights-of-way by a visual barrier such as a decorative wall, fence, or landscape material to the satisfaction of the Planning Director/City Engineer or his/her designee. Where only landscaping is used for screening, it shall be planted with shrubs of sufficient size and density and spaced to provide a continuous dense screen.

h.

Parking areas. All common parking areas in multi-family projects shall be designed and landscaped to break up a large single paved area and shall include predominantly fast-growing trees to create summer shade. All trees shall be a minimum of two 24-inch box size trees with a minimum one and one-halfinch caliper trunk. In addition, the following parking lot landscape standards shall be implemented:

1.

Screening. Parking areas shall be screened from streets through combinations of mounding if such mounding is in compliance with the approved water quality management plan (WQMP), landscaping, low profile walls and grade separations.

2.

Perimeter planter. A landscaped planter at least five feet wide, excluding overhang, curb and walkways, shall be provided wherever a parking facility adjoins a side or rear property line.

3.

Landscape protection. All landscaping shall be protected by concrete curbs of at least six inches in height. Finger and end of aisle planters on the parking space side shall have a decorative 18-inch-wide concrete surface measured from curb face to curb face and have a minimum four-foot-wide planting area. Finger aisle planters and end of aisle planters shall be a minimum of seven feet wide.

4.

End of aisles. All parking areas shall provide a landscaped planter of a minimum width of five feet at the ends of all parking aisles with an additional decorative 18-inch-wide concrete surface to allow access to the parked vehicle. All planting areas shall have round corners instead of 90-degree corners and be shaped to permit vehicle turn movements.

5.

Trees required. One tree shall be provided for each four parking stalls. Trees may be of a species that provides visibility to signage and storefronts.

6.

Parking area setbacks. Consistent with general plan goals to provide attractive streetscapes, parking areas shall be setback from the public right-of-way as specified in Tables No. 30-464 A-C. The setback area shall be landscaped as required by the landscaping provisions of this article.

7.

Alternate design. An alternate parking lot planter design may be approved if it exceeds the minimum criteria as specified herein, or otherwise meets the satisfaction of the City Director of Community Development/City Engineer or his/her designee.

i.

An alternate landscape plan design may be approved by Planning Director or his/her designee if the resulting mature tree canopy coverage will be equal to or greater than the above standard.

j.

Walls. Walls visible from the public right-of-way shall be constructed with decorative materials such as slump stone, split face or other decorative block as determined by the Planning Director. Any walls within a residential zone continuous for more than 50 feet along a collector or an arterial (as defined in the circulation element of the general plan) public street shall have a minimum ten-foot landscaped setback from the street right-of-way line. The ten-foot landscaped setback shall include 24-inch box evergreen trees with a minimum one and one-half inch caliper trunk spaced apart by a distance equal to trees' mature canopy size, groundcover, and the decorative hardscape as determined by the Planning Director/City Engineer. Any solid masonry wall within 15 feet of a front or side property line shall be screened with any suitable combination of shrubs, trees, vines, or ornamental groundcovers to the satisfaction of the Planning Director or his/her designee.

(Ord. No. 1895, § 7, 6-28-22)

Sec. 30-670. - Commercial districts.

(a)

General. In addition to the general landscaping requirements in Section 30-667, The following requirements shall apply in all commercial districts except walkable mixed-use districts:

(1)

Landscaped area. All required yards and setback areas, and all other portions of a lot not paved or occupied by a structure, shall be landscaped and irrigated with plant material. Decorative landscape features such as brick, stone, art, fountains, and ponds may be used within the landscaped area, provided such materials present an attractive setting consistent with the intent of these landscaping requirements. These decorative landscape features shall not exceed 15 percent of the entire landscape areas.

a.

Landscape setback. A landscape setback shall be required between the front property line and the building or parking lot as described in Tables No. 30492. B. This area shall be landscaped with a combination of 24-inch box size trees with a minimum one and one-half inch caliper trunk, decorative hardscape, shrubs, and groundcover. Any decorative walls or fences shall be located behind the landscape setback.

(2)

A minimum of 15 percent of the total site area, not including building footprint area, shall be landscaped to the satisfaction of the Planning Director/City Engineer or his/her designee. The percentage of landscape area shall be stated on the landscape plans. Generally, landscaped areas shall be required to be planted so that shrubs and other plants present a dense appearance.

(3)

Required trees. One tree shall be provided for every 300 square feet of landscape area. Tree size shall vary with a minimum 50 percent 24-inch box with a minimum one and one-half-inch caliper trunk or greater, 25 percent 15-gallon with one-inch caliper trunk or greater, and 25 percent minimum 36-inch box with a two and one-half-inch caliper trunk or greater.

a.

Street trees. All new developments shall provide evergreen tree of not less than 36-inch box size with a minimum two and one-half-inch caliper trunk spaced apart by a distance equal to the trees' mature canopy size along the street frontage. In parkways of inadequate width, the required street tree(s) shall be planted in the abutting yard area.

(4)

Required shrubs. Shrub sizes shall vary 50 percent five-gallon and 50 percent one-gallon.

(5)

Groundcover. Groundcover shall be planted in such a way to result in substantial coverage of the area within one year of initial planting. To achieve this, groundcover shall be planted at a spacing equal to 80 percent of the maximum growth rate for each species as noted in the Sunset Western Garden Book.

(6)

Turf is prohibited in all commercial districts.

(7)

An automatic irrigation system shall be required for all landscape area(s).

(8)

Parking areas. All common parking areas in commercial projects shall be designed and landscaped to break up a large single paved area to screen vehicles from view and to minimize the expansive appearance of parking areas and shall include predominantly fast-growing trees to create summer shade. All trees shall be a minimum of 24-inch box size with a minimum one and one-half-inch caliper trunk. In addition, the following parking lot landscape standards shall be implemented:

a.

Screening. Parking areas shall be screened from streets through combinations of mounding if such mounding is in compliance with the approved water quality management plan (WQMP), landscaping, low profile walls and grade separations.

b.

Perimeter planter. A landscaped planter at least five feet wide, excluding overhang, curb and walkways, shall be provided wherever a parking facility adjoins a side or rear property line.

c.

Landscape protection. All landscaping shall be protected by concrete curbs of at least six inches in height. Finger and end of aisle planters on the parking space side shall have a decorative 18-inch-wide concrete surface measured from curb face to curb face and have a minimum four-foot-wide planting area. Finger aisle planters shall be a minimum of nine feet wide, and end of aisle planters shall be a minimum of seven feet wide. Finger and end of aisle planters shall be a minimum of seven feet wide as measured from the inside of the curb.

d.

End of aisles. All parking areas shall provide a landscaped planter of a minimum width of five feet at the ends of all parking aisles. All planting areas shall have round corners instead of 90-degree corners and be shaped to permit vehicle turn movements.

e.

Trees required. One tree shall be provided for each four parking stalls. Trees may be of a species that provides visibility to signage and storefronts.

f.

Parking area setbacks. Consistent with general plan goals to provide attractive streetscapes, parking areas shall be setback from the public right-of-way as specified in Tables No. 30-464 A-C. The setback area shall be landscaped as required by the landscaping provisions of this article.

g.

Alternate design. An alternate parking lot planter design may be approved if it exceeds the minimum criteria as specified herein, or otherwise meets the satisfaction of the City Director of Community Development/City Engineer or his/her designee.

(9)

An alternate landscape plan design may be approved by Planning Director or his/her designee if the resulting mature tree canopy coverage will be equal to or greater than the above standard.

(10)

All motels and hotels shall maintain an additional ten percent landscaped open space area more than the required 15 percent landscaping requirement, to the satisfaction of the Planning Director or his/her designee.

(11)

Yard abutting residential district. Unless an alternate fire protection plan is approved by the City of Fontana Fire Agency, a landscaped strip shall be provided as a buffer along all yard areas abutting a residential district pursuant to Tables No. 30.492.B. This area shall contain a minimum of one tree for each 20 linear feet minimum of lot line and three shrubs for each tree.

(12)

ADA (Americans with Disabilities Act). ADA approved tree grates, compatible with the project's architecture, shall be provided in sidewalk tree wells. These street trees are to be irrigated by a separate valve.

(Ord. No. 1895, § 7, 6-28-22)

Sec. 30-671. - Industrial districts.

(a)

General. In addition to the general landscaping requirements in Section 30-667, The following requirements shall apply in all industrial districts:

(1)

Landscaped area requirement. The total of all landscaped areas shall be no less than 15 percent of the total area of the property not covered by buildings, structures, or areas used for outside storage or loading. All yards and setback areas, and all other portions of a lot not paved or occupied by a structure, or areas used for outside storage or loading, shall be landscaped with plant material and irrigated. Decorative landscape features such as brick, stone, art, fountains, and ponds may be used within the landscaped areas, provided such materials present an attractive setting consistent with the intent of these landscaping requirements. These decorative landscape features shall not exceed 15 percent of the entire landscape area.

a.

Landscape setback. A landscape setback shall be required between the front property line and the building and parking lots as described in Table No. 30536.B, and Table No. 30-536.C. This area shall be landscaped with a combination of 24-inch box size trees with a minimum one and one-half inch caliper trunk, decorative hardscape, shrubs, and groundcover.

b.

Landscape setbacks along public rights-of-way shall incorporate undulating and variable height earth mounding if such mounding is in compliance with the approved water quality management plan (WQMP), and/or low garden walls, and/or five-gallon shrubs (minimum of four feet on-center) incorporated into the design to provide visual relief, to the satisfaction of the Planning Director or his or her designee. Any decorative walls or fences shall be located behind the landscape setback.

c.

For any warehouse building larger than 400,000 square feet in size, a 20-foot-wide landscaping buffer shall be required, measured from the property line of all adjacent sensitive receptors. Trees shall be installed in automobile parking areas to provide at least 35 percent shade cover of parking areas within 15 years. Trees shall be planted that are capable of meeting this requirement.

(2)

Required trees. One tree shall be provided for every 600 square feet of landscape area. Tree size shall vary with 90 percent 24-inch box with a minimum one and one-half-inch caliper or greater, and ten percent 36-inch box with a two and one-half-inch caliper or greater.

a.

Street trees. All new developments shall provide at least one trees of not less than 36-inch box size evergreen trees with a minimum two and one-half-inch caliper trunk spaced apart by a distance equal to trees' mature canopy size along the street frontage. In parkways of inadequate width, the required street tree(s) shall be planted in the abutting yard area.

(3)

Required shrubs. Shrub sizes shall vary with not less than 50 percent of shrubs five-gallon in size.

(4)

Groundcover shall be planted in such a way to result in substantial coverage of the area within one year of initial planting. To achieve this, groundcover shall be planted at a spacing equal to 80 percent of the maximum growth rate for each species as noted in the Sunset Western Garden Book.

(5)

An alternate landscape plan design may be approved by Planning Director or his/her designee if the resulting mature tree canopy coverage will be equal to or greater than the above standard.

(6)

Turf is prohibited in all industrial districts.

(7)

An automatic irrigation system shall be required for all the landscape area(s).

(8)

Parking areas. All common parking areas in industrial projects shall be designed and landscaped to break up a large single paved area and shall include predominantly fast-growing trees to create summer shade. All trees shall be a minimum of 24-inch box size with a minimum one and one-half-inch caliper trunk. In addition, the following parking lot landscape standards shall be implemented:

a.

Screening. Parking areas shall be screened from streets through combinations of mounding if such mounding is in compliance with the approved water quality management plan (WQMP), landscaping, low profile walls and grade separations.

b.

Perimeter planter. A landscaped planter at least five feet wide, excluding overhang, curb and walkways, shall be provided wherever a parking facility adjoins a side or rear property line.

c.

Landscape protection. All landscaping shall be protected by concrete curbs of at least six inches in height. Finger and end of aisle planters on the parking space side shall have a 24-inch-wide concrete surface measured from the face of curb. Finger aisle planters shall be a minimum of nine feet wide, and end of aisle planters shall be a minimum of seven feet wide. Finger and end of aisle planters shall be a minimum of seven feet wide as measured from the inside of the curb.

d.

End of aisles. All parking areas shall provide a landscaped planter of a minimum width of five feet at the ends of all parking aisles. All planting areas shall have round corners instead of 90-degree corners and be shaped to permit vehicle turn movements.

e.

Trees required. One tree shall be provided for each four parking stalls. Tees are not required for semi-truck parking. Trees may be of a species that provides visibility to signage and storefronts.

f.

Parking area setbacks. Consistent with general plan goals to provide attractive streetscapes, parking areas shall be setback from the public right-of-way as specified in Tables No. 30-464 A-C. The setback area shall be landscaped as required by the landscaping provisions of this article.

g.

Alternate design. An alternate parking lot planter design may be approved if it exceeds the minimum criteria as specified herein, or otherwise meets the satisfaction of the City Planning Director or his/her designee.

(9)

Buffering and screening of adjacent uses. A minimum ten-foot-wide landscape perimeter buffer shall be required when directly adjacent to any sensitive receptors. The perimeter buffer area shall include, at a minimum, a solid decorative wall(s) of at least eight feet in height and trees as described in a. below:

a.

Trees shall be used as part of the solid screen buffering treatment. Trees used for this purpose shall be evergreen, drought tolerant, minimum 36-inch box, and shall be spaced no greater than 40-feet on center. The property owner shall maintain these trees for the duration of ownership, ensuring any unhealthy or dead trees are replaced timely as needed.

(10)

ADA (Americans with Disabilities Act). ADA approved tree grates, compatible with the project's architecture, shall be provided in sidewalk tree wells. These street trees are to be irrigated by a separate valve.

(11)

Open spaces shall be integrated into the vehicular and pedestrian circulation systems as a primary focus and destination.

(Ord. No. 1895, § 7, 6-28-22)

Sec. 30-672. - Landscaping in public parks, community facility districts, rights-of-way parkways, and medians.

(a)

General. In addition to the general landscaping requirements in Section 30-667, The following requirements shall apply in all developer installed public parks, community facility districts, and rights-of-way parkways and medians:

(1)

All development of landscaping within parks, community facility districts, and parkways and medians with public rights-of-way shall follow the adopted Engineering Department Standard Landscape Specification Manual and the Park Design Standards where applicable.

(2)

Automatic irrigation system. All landscaped areas shall be provided with a subsurface and/or drip automatic irrigation system capable of complete coverage of the landscaped areas (head-to-head coverage) per City of Fontana Department of Engineering specifications. Water conservation techniques shall be incorporated into the design of the irrigation system and shall be designed to minimize run-off and other wasting of water. Projects are encouraged to incorporate reclaimed water (where available) and or on-site capture and reuse systems. Overhead irrigation (sprinklers, pop-up heads, rotors) are prohibited in planter areas less than ten feet wide.

(3)

Community facility district tract boundaries and parkways shall be fully landscaped with a combination of trees, shrubs, groundcover, and decorative hardscape.

a.

Street trees. Unless an alternate fire protection plan is approved by the City of Fontana Fire Agency all new developments shall provide trees of not less than 36-inch box size evergreen trees with a minimum two and one-half-inch caliper trunk spaced apart by a distance equal to trees' mature canopy size along the street frontage. In parkways of inadequate width the required street tree(s) shall be planted in the abutting yard area.

b.

Decorative hardscape shall not exceed 50 percent of the total landscape area. The following types of hardscape are allowed:

1. Grouted Cobble; 2.

Rocks larger than 18 inches in diameter;

Compacted and unyielding decomposed granite or any loose rock material less than one-inch in diameter;

Brick or other decorative pavers;

Decorative stamped colored concrete (scored colored concrete may be allowed with Planning Department approval); and,

Artificial turf subject to Section 30-667(a)(3)f.

c.

The following materials are not considered hardscape:

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1.
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Mulch (unless it is used as a weed barrier in combination with ground cover); 2.

Loose rock one-inch diameter or larger; 3. Succulents (other than ice plant);

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4.
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Structures and other ornamentation (statues, fountains, arbors, lighting, etc.) in parkways and medians (may be allowed in parks with approval of the Planning Division and Department of Public Works).

(4)

All block wall and wrought iron fencing shall be located behind landscape setback area(s) and outside the public rights-of-way.

(5)

Location of sidewalk(s) shall be determined by the Community Development Department, Engineering Division.

(6)

ADA (Americans with Disabilities Act). ADA approved tree grates, compatible with the project's architecture, shall be provided in sidewalk tree wells. These street trees are to be irrigated by a separate valve.

(7)

All turf areas shall be separated from shrub areas by a four by six-inch concrete mow strip or two by four-inch redwood header board. The concrete mow strip or redwood header board shall include openings to allow stormwater to drain throughout the landscaped area.

a.

Turf is prohibited in all landscape medians.

(8)

Intersection sight distance.

a.

Sight distance shall be provided and maintained. Objects, such as plants, elevation changes, monument walls, garden and retaining walls and the terrain itself, shall not exceed 30 inches above the roadway and shall not interfere or obstruct the line-of-sight.

b.

Sufficient right-of-way shall be dedicated to provide for all primary and secondary landscaped entry statements (including trees) with consideration to sight distance and maintain line-of-sight.

c.

Trees shall not be planted within the sight triangle. The plans shall show topographical information, shrub and tree species size and location, and show the location of the irrigation controller and meter/backflow device.

d.

It is the responsibility of the adjacent property owner to maintain the intersection site distance and line-of-site landscaping in good physical condition and appearance.

(Ord. No. 1895, § 7, 6-28-22)

Sec. 30-673. - Rehabilitated landscapes.

Rehabilitated landscape greater than or equal to 2,500 square feet shall have a landscape documentation plan approved by the City and subject to all applicable provisions of this ordinance.

(Ord. No. 1895, § 7, 6-28-22)

Secs. 30-674—30-678. - Reserved.

ARTICLE XI. - ON-SITE PARKING AND LOADING REGULATIONS DIVISION 1. - GENERALLY

This article establishes regulations for on-site parking, for passenger vehicles, tractors, trailers, and bicycles, and loading areas. The regulations are designated to achieve the following purposes:

(1)

To ensure that adequate on-site parking and loading is provided for all new uses and for existing uses with major alterations;

(2)

To prevent interference with circulation on-site and within any public right-of-way to ensure a safe environment;

(3)

To ensure that the parking and loading areas are designed to protect surrounding uses from adverse noise and visual impacts.

The provisions of this article shall apply to all proposed and established land uses and structures. These provisions shall be the minimum standards for all on-site parking and loading. If a conflict occurs between Code sections and applicable actions as part of any local transportation control measures (TCMs), the actions in adopted City Council resolutions or ordinances implementing local transportation control measures as part of the regional air quality management plan shall prevail.

No existing use or structure shall be deemed to be nonconforming only because the use does not meet the parking or loading requirements of this article. However, existing parking and loading areas shall not be further reduced.

Sec. 30-682. - Maintenance.

All required parking and loading spaces which are maintained in connection with any existing use or structure shall continue to be maintained in good condition so long as that use or structure remains.

Sec. 30-683. - Enlargement or change in use.

Whenever an enlargement, change in use, or change in occupancy of a structure is proposed, additional parking and loading spaces shall be provided in compliance with the requirements of this article. If, however, the number of spaces existing prior to the enlargement, change in use, or change in occupancy exceeds parking and/or loading requirements, then the excess spaces may be counted toward the required additional spaces.

Sec. 30-684. - General conditions.

(a)

Cross lot reciprocal parking easements for similar land uses shall be considered when possible.

(b)

Joint use of driveways for commercial properties shall be considered wherever possible to minimize the number of entrances/exits from the street.

(c)

Parking areas or driveways may not be used for storage purposes, however, for special circumstances, an approval may be granted by the Director of Community Development or his/her designee through the temporary use permit process pursuant to Section 30-256(10).

(d)

Commercial parking facilities shall contain shopping cart storage areas in addition to required parking areas, for appropriate uses such as: supermarkets, large retail stores, and all other retailers that provide shopping carts for their customers. These facilities shall be appropriately located not to conflict with vehicular movement during parking and also with pedestrian movement. Areas used for cart storage shall not be counted towards the minimum number of parking spaces for the site.

(e)

Commercial vehicles (as defined by California Vehicle Code § 260) exceeding a manufacturer's gross vehicle weight (commonly referred to as GVW) rating of 10,000 pounds and trailers (as defined by California Vehicle Code § 630) designed and/or used for commercial purposes shall not be parked or stored within any residential zone or on properties used for residential purposes, except while the operator of the subject vehicle is making normal deliveries or providing services to the residential premises.

(f)

No commercial vehicle, trailer, or recreational vehicle shall be parked on any property zoned commercial, industrial, open space, or on any premises containing any commercial, industrial, public or semi-public use, except while the operator of the vehicle or trailer is patronizing or using the services of the commercial, industrial, public or semi-public use. The storing of any commercial vehicle, trailer, or recreational vehicle in any commercial or industrial, public or semi-public zone including but expressly not limited to any vacant lot, parking lot or parking space, is expressly prohibited, except in a lawfully approved and existing vehicle storage business.

(g)

No person shall park a vehicle upon a public or private street, parking lot, or any public or private property for the sole purpose of displaying such vehicle thereon for sale, hire, or rental, unless the property is duly zoned and licensed by the City to transact that type of business at that location, except that this section shall not prohibit persons from parking vehicles displayed for sale on private residential or commercial property belonging to and resided in or occupied by the registered owner of the vehicle. No more than one vehicle shall be displayed for sale in any six-month period.

(h)

All motor vehicles, trailers, vessels, campers, and camper shells must be parked or stored on a fully paved surface with a City approved entrance/exit approach to the street. This section shall not prohibit parking or storing of vehicles, trailers, vessels, campers, and camper shells in the rear yard behind a fence, wall, hedge, or other similar material so as to screen such parking from public view.

(i)

Parking of oversized vehicles is restricted in residential zoning districts as set forth in Chapter 17 of the Fontana Municipal Code.

(j)

Any person violating this section shall be subject to a civil penalty as follows:

(1)

A fine not exceeding $100.00 for a first violation.

(2)

A fine not exceeding $200.00 for a second violation within one year.

(3)

A fine not exceeding $500.00 for each additional violation within one year.

DIVISION 2. - NUMBER OF PARKING SPACES REQUIRED

Sec. 30-685. - Specific uses.

(a)

Table No. 30-685.A indicates the number of on-site passenger vehicle parking spaces required for specified uses. Parking spaces required for multiple uses (commercial centers, office parks, or industrial condominiums) with reciprocal access shall be calculated as a whole as one use. If there is a discrepancy in the amount of parking provided the resolution shall comply with subsection C, herein.

(b)

Table No. 30-685.B indicates the number of on-site truck and trailer spaces required spaces required for specified uses.

(c)

The Planning Commission may reduce the number of parking spaces required for multiple uses on a lot subject to the following findings:

(1)

Adequate on-site parking will be provided for the proposed use.

(2)

A parking study has been prepared by a Traffic Engineer and found acceptable.

(Ord. No. 1823, § 8(Exh. A), 2-25-20; Ord. No. 1828, § 8(Exh. A), 5-12-20)

Sec. 30-686. - Fractional numbers.

In calculating the number of required parking spaces, fractional numbers shall be rounded up to the next whole number.

Sec. 30-687. - Uses not specified.

For uses not specified in Table 30-685.A, the Director of Community Development shall determine the number of spaces required based on the most similar use outlined in Table 30-685.A. The determination may be appealed to the City Council or by any aggrieved party.

Sec. 30-688. - Garage or carport required.

(a)

Single-family dwellings. The minimum number of required parking spaces for single-family dwellings shall be provided in a completely enclosed garage. For the purpose of this section, a condominium or townhome shall be considered a single-family dwelling.

(1)

A three-car garage may be required for dwellings at the end of a cul-de-sac where there is a shortage of curb space unless the following is provided.

(2)

There shall be at least 20 feet of full height curb maintained along the curb in-between curb cuts.

(b)

Carports. Carports, if provided, shall be architecturally compatible with the main building(s). Carports shall be located in such a way as to provide the maximum amount of natural surveillance from surrounding dwelling units.

Sec. 30-689. - Joint use parking.

The approval body shall have the authority to grant the joint use of parking facilities for two or more uses. Joint use of parking facilities may only occur when the parties sharing the parking facility provide a signed affidavit which demonstrates that:

(1)

The hours of parking demand for the uses do not overlap.

(2)

The parking facility provides a total number of spaces sufficient to meeting the peak parking demand of any combination of simultaneous uses, as determined by the Traffic Engineer.

(3)

Parking study may be required.

DIVISION 3. - DESIGN STANDARDS FOR PARKING FACILITY

Sec. 30-690. - Location of parking areas.

(a)

All on-site parking required by this article for residential uses shall be located on the same lot as the use of the parking facility is designed to serve.

(b)

All on-site parking required by this article for non-residential uses shall be located within 400 feet of the use or uses it is intended to serve. Appropriate legal instruments shall be required to ensure the continued availability of this parking.

Sec. 30-691. - Ingress/egress.

(a)

All parking lots shall be accessible from a street or alley.

(b)

Access for individual parking spaces shall be designed so that vehicles are not required to back out onto a public street or alley except parking for singlefamily dwellings, townhomes, and duplexes.

(c)

Parking aisles shall be designed so that vehicles are not required to enter a public street in order to drive from one aisle to another.

(d)

All collector streets or above classification shall have hammerheads where driveways may be permitted.

Sec. 30-692. - Parking lot configuration.

Driveways and aisle widths. Table No. 30-692 outlines the minimum required driveway or aisle width for parking facilities.

• Driveway access to residences which are over 150 feet in length shall provide a minimum 20-foot-wide drive aisle to accommodate emergency vehicles.

** Upon review of a project site plan by staff, wider driveways may be recommended to the approval body in the entitlement review for shopping centers, office complexes, and other high traffic generators.

Sec. 30-693. - Parking stall dimensions.

Parking stalls shall have the minimum dimensions as set forth in Table No. 30-693.

Note: Compact parking stalls shall not be permitted.

The number, location, and width of curb cuts shall be approved by Traffic Engineer.

All parking areas shall be provided with adequate drainage facilities. The drainage facilities shall be designed to prevent the free flow of surface run-off onto adjacent properties and to prevent the creation of ponding or standing water within the parking area.

Sec. 30-696. - Landscaping.

The landscaping provisions of Article X shall apply to parking areas.

Sec. 30-697. - Lighting.

The minimum standard of one foot candle is required for all entrances, exits, pedestrian paths, parking lots, and activity areas. All areas shall be illuminated during hours of darkness and all luminaries utilized shall be vandal-resistant fixtures. The type of lighting shall be fluorescent, white L.E.D.s or metal halide. A photometric layout may be required to ensure the minimum light standard is met, per Police Department security code requirements.

All lights shall be directed and shielded to prevent light or glare from spilling over onto and adversely affecting adjacent properties. Light standards shall have a design compatible with the architectural style of related buildings.

Sec. 30-698. - Markings.

The following parking lot striping and signage shall be provided with all signs and markings being official traffic control devices in accordance with adopted City standards and the California Vehicle Code (CVC).

(1)

All parking stalls shall be clearly marked by double striping pavement painting. Parking stall sizes shall be measured from the mid-point between the striping. No parking spaces shall be designated in a commercial/retail parking facility, except for disabled persons parking, van pool, car pool, or any other designated parking as required by law.

(2)

Entrances, exits, and aisles shall be clearly marked with arrows painted on the parking lot surface and/or with appropriate signage.

Sec. 30-699. - Paving.

All parking lot and loading areas shall be paved with a minimum of three inches of asphalt concrete over 90 percent compacted native soil or aggregate base as recommended in a design soils report as approved by the building official. An alternative Portland cement concrete design may be submitted for a review and approval.

Sec. 30-700. - Screening.

Open parking lots shall be screened as follows:

(1)

Adjacent to a residential zone. Wherever a parking lot abuts a property line of a residential zone, the parking lot shall be screened by a solid masonry wall not less than eight feet in height. If the parking lot abuts or adjoins the front property line of a residential zone, the wall shall be reduced in height to three foot.

(2)

Adjoining a public street. Wherever a parking lot adjoins a public street, screening shall be provided and shall consist of the following:

a.

A low-profile wall or earthen berm not more than three and one-half feet in height, and

b.

Landscaping that shall not exceed three and one-half feet in height.

(3)

Wall design. All screen walls shall be attractively designed with pilasters, caps, and a painted or plastered finish, as determined through the design review process. The colors and style of the wall shall be compatible with related on-site buildings and shall require minimal maintenance.

Sec. 30-701. - Parking structures.

The following standards shall apply to parking structures:

(1)

Landscaping. In addition to the requirements of Article X, an attractive landscaped strip ten-foot wide shall be provided along any structure face which adjoins a public or private street and within any required setback area. One tree shall be provided for each 15 feet of linear footage of structure.

(2)

Alternatives. The Planning Commission shall have the authority to review and approve alternatives to the required landscaping requirements listed in Article X. Such alternatives shall include good architectural designs of parking structures in lieu of the required landscaping.

In apartments, townhouses, and condominium developments, clustered parking for recreational vehicles may be provided subject to the following:

(1)

The recreational vehicle parking area shall not be visible from a public street or alley;

(2)

The parking spaces shall be used only by residents of the residential development; and

(3)

Parking spaces shall be a minimum of 12 feet by 36 feet.

Sec. 30-703. - Direct access.

Entrances to adjacent building structures shall be readily accessible from any parking facility developed for that building structure.

DIVISION 4. - LOADING AREA REGULATIONS

Sec. 30-704. - Number of loading spaces required.

Table No. 30-704 indicates the number and type of on-site loading spaces required for specific uses.

Table No. 30-704 Required Number of Loading Spaces

Notes:

(1)

Loading area is to be located as close as possible to loading doors.

(2)

Variations in the size, number and/or location of required loading spaces may be reviewed and approved in writing by the Director of Community Development on a case-by-case basis following the submission of supporting traffic, parking or loading information, study or analysis.

(3)

In the event that it is feasible, upon approval of the Director of Community Development, one loading space may be used between two occupants of a commercial center with a joint use agreement.

(Ord. No. 1830, § 8(Exh. A), 6-9-20)

Sec. 30-704a. - Trailer parking.

(Ord. No. 1830, § 8(Exh. A), 6-9-20)

If individual uses on the same site or lot have a floor area less than that for which loading spaces would be required, then the total gross floor area of all uses on the site or lot shall be used in determining the required number of loading spaces.

Loading spaces required by Table No. 30-706 shall have the minimum dimensions. Uses not otherwise listed shall be parked for loading at the discretion of the Director of Community Development.

Each on-site loading space shall be accessible from a street. Entry and exit drives shall be located so as to minimize adverse impacts on surrounding land uses, vehicular, and pedestrian movements. There shall be no backing into or from the public right-of-way.

Sec. 30-708. - Lighting of loading space.

Exterior lighting shall be directed and shielded so as to illuminate only the loading area and to avoid glare impacts on adjacent properties.

Sec. 30-709. - Location.

Truck loading areas may not be located:

(1)

In any public street.

(2)

In any sidewalk or public parkway.

(3)

In any front yard without proper screening.

(4)

In the required street side yard of a corner lot.

(5)

In the required rear yard of a through lot.

(6)

Within any required parking or interior circulation drive, or aisle or drive approach.

Pavement markings and other official traffic control devices for vehicles shall be provided to ensure safe and efficient operation of all on-site loading facilities.

All loading areas shall be separated from adjoining residential properties and public right-of-way by a building or masonry wall not less than eight feet in height. Other types of screening such as landscaping and berming may be required upon project review.

Sec. 30-712. - Turning radius.

All loading areas shall be located to provide adequate turning radius. Adequate turning radius means one which allows a vehicle to maneuver safely without backing into a street or without backing into the loading space from a street.

DIVISION 5. - PARKING STANDARDS FOR MOTORCYCLES AND BICYCLES

Sec. 30-713. - Motorcycle parking.

Employers are encouraged to provide motorcycle parking facilities. Motorcycle parking facilities should be placed on paved surfaces that are well lit and protected from potential damage by other vehicle traffic. The paved surface shall be concrete to prevent motorcycle kickstands from damaging the pavement and clearly identified for motorcycle usage.

Sec. 30-714. - Bicycle parking.

(a)

All employers shall provide bicycle parking. There shall be no bike parking on sidewalks unless additional area is provided which does not conflict with pedestrian access and entryways. Bicycle parking and facilities shall be located in an area on the site convenient to destination entrances for employees as well as for patrons. Bicycle parking facilities shall be located in highly visible areas to minimize theft and vandalism and shall not interfere with pedestrian traffic. Employers with 100 or more employees shall provide shower and locker facilities to encourage non-motorized travel such as bicycling and walking.

(b)

Bicycle parking facilities (racks or locks) shall be of a size and design which will accommodate the minimum number of required bicycles. The approval body may increase the minimum number of required bicycle spaces subject to or as mandated by regional or local transportation control measures.

Table 30-714

Bicycle Parking Requirements

Sec. 30-715. - Reserved. ARTICLE XII. - SIGN REGULATIONS DIVISION 1. - GENERALLY

The purpose of this article is to provide a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements to:

(1)

Protect the general public health, safety, welfare, and aesthetics of the City;

(2)

Promote and accomplish the goals, policies, and measures of the general plan to encourage high-quality development throughout Fontana, reinvigorate downtown, and celebrate local historic and cultural resources;

(3)

Ensure freedom of expression for sign uses, including noncommercial speech, by maintaining a content-neutral approach and appropriately regulating the time, place, and manner under which signs may be displayed;

(4)

Preserve and improve the appearance of the City, protect the City from visual clutter and blight, and promote attractive and harmonious structures and environments by regulating the design, character, location, type, quality of materials, scale, illumination, and maintenance of signs;

(5)

Promote signs that identify businesses and premises without confusion through clear and unambiguous sign standards that enable fair and consistent enforcement;

(6)

Protect and improve the local economy and quality of life by preserving and enhancing the appearance of the streetscape; and

(7)

Allow adequate signage while meeting public safety objectives.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

DIVISION 2. - APPLICABILITY

Sec. 30-719. - Applicability.

(a)

Regulatory scope. The regulations of this article shall apply to all signs, as defined in Division 13 of this article, that are placed on private property, in the public right-of-way, and on property owned by public agencies other than the City and over which the City has zoning authority, unless specifically exempted in this article.

(b)

Design review sign application required. Design review sign applications shall be required for specific sign types in compliance with Division 4 of this article. In addition, the provisions of Chapter 5 of the Municipal Code relating to building and electrical codes, fees, penalties, and a method of enforcement shall also apply. Signs approved in conjunction with any other application shall be consistent with this article, unless modified by a discretionary permit. Where approval of a conditional use permit, minor use permit, design review creative sign, site plan or design review, or sign variance has been obtained, any applicable conditions of that approval may supersede the requirements of this article.

(c)

Figures and graphics. Figures, illustrations, graphics, and pictures are included in this article to help illustrate the minimum intent and requirement of the text. In the case of a conflict between the text of this article and any figure, illustration, graphic, or picture, the text shall govern.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this article is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining portions of this article.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

The following sign types are expressly exempted from the design review sign requirements of this article and shall not count towards cumulative allowable sign area, but must satisfy all other permit requirements, as applicable (e.g., building, electrical, plumbing, grading, encroachment, etc.).

(1)

Exempt signs without limitations. The following signs are exempt from design review sign requirements with no specific limitations, other than a prohibition on displaying general advertising signs (billboards), as defined in Division 13 of this article.

a.

Commemorative signs. Tablets and plaques installed by the City, or by a state, federal, or county recognized historical organization exempt from federal taxation under Section 501 of USC Title 26 (IRS Code) that are no larger than six square feet, or signs authorized and installed by City, county, state, or federal agencies on public owned lands.

b.

Equipment signs. Signs incorporated into allowed displays, machinery, or equipment by a manufacturer, distributor, or vendor and identifying or advertising only the product or service dispensed by the machine or equipment, such as signs customarily fixed to automated teller machines (ATMs), vending machines, and gasoline pumps.

c.

Interior graphics or signage. Signs or displays within a structure that are not visible (i.e., capable of being seen, whether or not capable of being read) by the public from any public right-of-way or publicly accessible area.

d.

Message substitution. Any permitted sign may contain, or substitute in lieu of any other message or copy, any commercial message or constitutionally protected noncommercial message, provided that the sign complies with the applicable requirements of this article. This substitution of message or copy may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary.

e.

Non-signs. All devices that are excluded from the definition of a "sign," as set forth in Division 13 of this article.

f.

Official notices. Any non-internally illuminated (unless required by law) sign, posting, notice, or similar signs placed, installed, or required by law by the City, county, or a federal or state governmental agency in carrying out its responsibility to protect the public health, safety, and welfare, including, but not limited to, the following:

Emergency and warning signs necessary for public safety or civil defense;

2.

Legal notices posted pursuant to law or court order;

3.

Traffic and parking signs erected and maintained by an authorized public agency or approved by an authorized public agency;

4.

Direction, warning, or information signs required or authorized to be displayed by law;

5.

Numerals and lettering identifying the address from the street to facilitate emergency response and compliant with City requirements; and

6.

Signs erected by a government agency.

(2)

Exempt signs with limitations. The following signs are exempt from design review sign requirements if they meet the size, height, duration, maximum number limitations, and any additional requirements set forth in Table No. 30-721.A. If the allowed duration is exceeded, as set forth in Table No. 30-721.A, exempt signs shall apply for design review sign approval.

Table No. 30-721.A.

Exempt Signs with Limitations

Exempt signs do not require design review sign approval, but may require building permits

(Ord. No. 1868, § 9(Att. 2), 5-25-21; Ord. No. 1974, § 4(Exh. A), 9-9-25)

DIVISION 3. - PROHIBITED SIGNS AND GENERAL RESTRICTIONS FOR ALL SIGNS

Sec. 30-722. - Prohibited signs.

Sign types not expressly permitted are prohibited. The following signs and sign components are prohibited except where specifically authorized.

(1)

Abandoned signs;

(2)

Animated signs;

(3)

Exposed raceways;

(4)

General advertising signs (billboards), except as provided by Division 8;

(5)

Illegal signs;

(6)

Pole signs;

(7)

Portable (A-frame) signs and projecting signs, except as permitted by Table No. 30-721.A within the downtown boundary;

(8)

Roof signs, except as permitted for roof signs on mansard roofs where, in the opinion of the Director of Community Development, no other useable sign area is available; and

(9)

Vehicle signs.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Sec. 30-723. - Location restrictions.

Signs may not be placed in the following locations except where specifically authorized:

(1)

Signs on public property, except as required or authorized by a governmental agency, and except as permitted by Division 8 and Division 9 of this article.

(2)

Signs attached to trees.

(3)

Signs placed on any private property without the permission of the property owner.

(4)

Signs located so as to interfere with building access, including, but not limited to, points of ingress and egress from buildings and emergency exit routes, interfere with pedestrian movement within the public right-of-way, and/or block view of traffic control devices.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Sec. 30-724. - Display restrictions.

Signs with the following display features are prohibited:

(1)

Signs containing lighting devices with intermittent, flashing, blinking, or varying intensity or light or color where the message is displayed for fewer than eight seconds (dwell time) before changing to another message, including animation or motion picture or any lighting effects creating the illusion of motion.

(2)

Signs that simulate in color or design a traffic sign or signal, or which make use of words, symbols, or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic.

(3)

Signs which emit sound, odor, or smoke.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)