Sec. 30-14. - Purpose.

The purpose of this article is to outline procedures used by the City of Fontana for the governing of the zoning ordinance (Zoning and Development Code) and implementation of the general plan. This article contains a description of the hearing bodies and the procedures for which they are responsible. The processes and guidelines for each procedure are also included within this article.

Sec. 30-15. - Specific project types.

(a)

Appeal. Any action taken by the Planning Commission or the Director of Community Development in the administration and/or enforcement of the provisions of this chapter may be appealed. An appeal stays proceedings until a determination of the appeal has been made. Specific procedures are outlined in Division 5 of this article herein.

(b)

General plan amendment. The general plan may be amended by changing the boundaries of the general plan land use map or text within the general plan whenever such an amendment is deemed necessary to protect or promote the public's health, safety, or general welfare or when the modification is viewed as appropriate in the context of generally accepted planning principles and surrounding land uses. Specific procedures are outlined in Division 6 of this article herein.

(c)

Development Code and zoning district map amendment. The Development Code and zoning district map may be amended by changing the development standards or boundaries of any zoning district boundary whenever such an amendment is deemed necessary to protect or promote the public's health, safety, or general welfare or when a modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the general plan. Procedures are outlined in Division 7 of this article herein.

(d)

Area plans. An area plan is intended to provide specific planning and high-quality design proposals for a defined geographical area consisting of mixed-use projects both horizontal and vertical that accommodate a mixture of commercial, residential, and open space. Procedures are outlined in Division 8 of this article herein.

(e)

Specific plan amendment. Specific plans may be amended when it is deemed necessary or desirable to modify the existing land uses and development standards for an area to assist with the implementation of the general plan goals. Procedures are outlined in Division 9 of this article herein. New specific plans are not permitted.

(f)

Administrative site plan, major, minor, amendment, and modification. An administrative site plan is intended to provide an administrative review of projects by the Director of Community Development because of their limited size and scope having minor implication and do not create any significant impact on the surrounding properties or the environment. Specific procedures as outlined in Division 10 of this article herein.

(g)

Design review, amendment, modification. A design review is intended to examine development to ensure high quality for the entire site design including buildings, landscaping, and parking. Such review enables the City to encourage the most appropriate development and prevent deterioration of property and aesthetics throughout the community. The design review process and its procedures as outlined in Division 11 of this article herein.

(h)

Conditional use permits, amendment, and modification. A conditional use permit is intended to examine certain land uses to determine whether the type of use proposed, or the location of that use, is compatible, or can be made compatible, with surrounding land uses. Specific procedures are outlined in Division 12 of this article herein.

(i)

Minor use permit, amendment, and modification. A minor use permit is intended to examine certain types of land uses that require review by the Director of Community Development to determine whether the type of use proposed, or the location of that use, is compatible, or can be made compatible with surrounding land uses. Specific procedures are outlined in Division 13 of this article herein.

(j)

Variances administrative and major. A variance is intended to examine when the strict interpretation of the provisions of this chapter causes physical hardship due to the property's unique size, shape, topography, location, or other physical condition. A variance may be granted for relief from certain provisions of the Code. Specific procedures are outlined in Division 14 of this article herein.

(k)

Time extension. A time extension is intended to provide the applicant additional time to complete a previously approved project required do to unforeseen circumstances. Specific procedures are outlined in Division 22 of this article herein.

(l)

Director's determination. A Director's determination is intended to specify that a use that is not listed within an established list of uses may be allowed to operate within a particular district because it is similar in nature/character. Specific procedures as outlined in Division 15 of this article herein.

(m)

Park review. A park review is intended to examine development to ensure high quality for the entire site design including structures, equipment, fields, landscaping, and parking. Such review enables the City to, encourage the most appropriate development, and prevent deterioration of property aesthetics throughout the community. Specific procedures as outlined in Division 16 of this article herein.

(n)

California redemption value (CRV) recycling collection facility. A California redemption value (CRV) recycling collection facility is intended to provide regulations and standards which pertain to the review, construction and operation of CRV recycling facilities within the City. The placement, construction or operation of any recycling facility, as defined herein, is prohibited without first obtaining a permit pursuant to the provisions set forth in this section. Specific procedures as outlined in Division 17 of this article herein.

(o)

Temporary use permits. A temporary use permit is intended to control and regulate land use activities of a temporary nature which may adversely affect the public health, safety, and welfare. The intent is to minimize any effects on surrounding property and the environment. Specific procedures are outlined in Division 18 of this article herein.

(p)

Home occupation permit. A home occupation permit is intended to establish a lawful home-based business within an established residence. Specific procedures are outlined in Division 19 of this article herein.

(q)

Design review sign. A design review sign application is intended to control and regulate the placement and visual appearance of a sign and to ensure that no hazard is presented to neither pedestrians nor motorists. Specific procedures as outlined in Division 20 of this article herein.

Mapping

(r)

Tract map—tentative and final. A tract map is intended is to provide procedures for the implementation of government codes relative to tract maps subdividing five or more parcels. Specific procedures as outlined in Division 21 herein and Chapter 26, Article II; the administrative procedures are herein.

(s)

Parcel map—tentative and final. A parcel map is intended to provide procedures for the implementation of government codes relative to parcel maps subdividing up to four parcels or combining parcels. Specific procedures as outlined in Division 21 herein and Article 4 of Chapter 26, Article IV, the administrative procedures are herein.

(t)

Lot line adjustment. A lot line adjustment is intended to provide procedures for the implementation of government codes relative to map re-alignment. Specific procedures as outlined in Division 21 herein and Article 4 of Chapter 26, Article IV, the administrative procedures are herein.

[Additional] procedures associated with projects.

(u)

Development agreement and amendment. A development agreement is intended to specify the duration, density and intensity of the uses, and/or provisions of dedication of land for public purposes. It may include conditions, terms, restrictions, and/or requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and/or requirements for such subsequent discretionary actions shall not prevent development of the land for the uses and density set forth in the agreement. A development agreement shall be subject to periodic review. Specific procedures are outlined in Division 23 of this article herein.

(v)

Planned unit developments (PUD). A planned unit developments (PUD) is intended to encourage within the density standards of the general plan and Zoning and Development Code the development of a more desirable living environment by application of modern site planning techniques and building groupings or arrangements that are not permitted through strict application of the present zoning and subdivision ordinances. Specific procedures as outlined in Division 24 of this article herein.

(w)

Density bonus. A density bonus is intended to allow for an increase in the proposed number of units specifically permitted by the Zoning and Development Code and general plan when the increase is consistent with the state government code. Specific procedures as outlined in Division 25 of this article herein.

(x)

Certificate of occupancy. A certificate of occupancy shall be obtained for any building that has been erected, moved, altered, or enlarged prior to being occupied or used. Specific procedures are outlined in Division 25 of this article herein.

(y)

Certificate of appropriateness. A certificate of appropriateness may be granted for the alteration, restoration, rehabilitation, construction, relocation, or demolition of any historical landmark or structure per Chapter 5 of the Municipal Code.

(z)

Non-conforming use/structure. The non-conforming section is intended to regulate nonconforming uses and structures so that their detrimental effect on adjoining property values and on proper growth and development of the City, shall be restricted, controlled, and eventually eliminated. Specific procedures are outlined in Division 27 of this article.

DIVISION 2. - FEES

Sec. 30-16. - Determination of fees.

(a)

Application fees shall be assessed as provided by resolution of the City Council.

(b)

Development impact fees. The developer/applicant shall pay a one-time adopted public improvement/impact fees related to extension or expansion of infrastructure necessary to serve a particular development. The fees are identified according to appropriate rates and schedules as adopted by the City Council.