Division 6 — SUSPENSION OR REVOCATION

Sec. 30-951. - Suspension or revocation.

Whenever a resource extraction operation is to be suspended voluntarily, the operator shall notify the Director of Community Development in writing of his intention to suspend operations at least 90 days prior to such voluntary suspension.

Sec. 30-952. - Interim management plans.

(a)

Within 90 days of the voluntary suspension of a surface mining operation, the operator shall submit to the Planning Division a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including, but not limited to, all site conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the Planning Division and shall be processed as an amendment to the resource reclamation plan. IMPs shall not be considered a project for the purposes of environmental review.

(b)

Financial assurances for suspended operations shall be maintained as though the operation were active.

(c)

Upon receipt of a complete proposed IMP, the Planning Division shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least 30 days prior to approval by the Planning Commission.

(d)

Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Director of Community Development and the operator, the Planning Commission shall review and approve or deny the IMP in accordance with this article. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the Director of Community Development, to submit a revised IMP. The Planning Commission shall approve or deny the revised IMP within 60 days of receipt. If the Planning Commission denies the revised IMP, the operator may appeal that action to the City Council in accordance with Chapter 30, Article II, and Division 5 of the Fontana Municipal Code.

(e)

The IMP may remain in effect for a period not to exceed five years, at which time the Planning Commission may renew the IMP for another period not to exceed five years or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

Sec. 30-953. - Revocations, violations and penalties.

If the Director of Community Development, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this article, the applicable resource extraction permit approval, any required permit and/or the resource reclamation plan, the City shall follow the procedures set forth in Public Resources Code § 2774.1 and § 2774.2 concerning violations and penalties. In addition, the following provisions of the City of Fontana Municipal Code for revocation and/or abandonment of permits shall be followed:

(1)

The Director of Community Development shall review any possible violation and make a recommendation to the Planning Commission. In addition to any other means of enforcing these regulations, the Planning Commission may suspend or revoke a resource extraction permit or any other entitlement to conduct mining operations granted pursuant to the City of Fontana Development Code when the Commission determines that a permittee is violating material terms of a resource extraction permit or that a reclamation plan is not being implemented.

(2)

Prior to any such suspension or revocation, the Director of Community Development shall specify the nature of the violation or the failure to implement a reclamation plan in writing and demand at least twice over a period not less than 30 days that the permittee correct the violation or failure. When adequate steps have not been taken to ensure the immediate correction of the violation or failure to the satisfaction of the Planning Manager, the Director of Community Development shall request the Planning Commission set a hearing to consider whether the resource extraction permit or other entitlement to

mining operations should be suspended or revoked. The owner and operator of the site in question shall be given at least 15 days' notice of any such hearing, except when life, safety, or health issues are in question.

(3)

Whenever the Planning Commission suspends or revokes a resource extraction permit or other entitlement to conduct mining operation pursuant to this article, it shall do so by resolution, which resolution shall set forth the findings upon which the Commission bases its action.

(4)

A resolution of suspension shall also set forth any conditions which must be met to reinstate the resource extraction permit or other entitlement to conduct mining operations. Prior to reinstatement of any suspended resource extraction permit or other entitlement to conduct mining operations, the permittee shall submit a compliance plan to the Planning Commission for approval. The Planning Manager shall determine that mining operations and other uses are in accordance with an approved compliance plan prior to resumption of mining operations. Upon certification by the Director of Community Development that a permittee has corrected all violations and satisfied any conditions of reinstatement in accordance with an approved compliance plan, the Planning Commission shall reinstate a suspended resource extraction permit or other entitlement to conduct mining operations.

Any person aggrieved by an act or determination of the Planning Commission in the exercise of the authority granted herein, shall have the right to appeal to the City Council in accordance with Chapter 30, Article II, Division 5 of the Fontana Municipal Code. An appeal shall be filed on forms provided, within 15 calendar days after the rendition, in writing, of the appealed decision.

Sec. 30-955. - Mineral resource protection.

(a)

Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology or designated by the State Mining and Geology Board, as well as existing surface mining operations that remain in compliance with the provisions of this chapter, herein, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the City of Fontana general plan.

(b)

In accordance with Public Resources Code § 2762, the City of Fontana general plan and any of the City's associated resource maps shall be revised to reflect mineral information (classification and/or designation reports) within 12 months of receipt from the State Mining and Geology Board of such information. Land use decisions within the City will be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation on property titles of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in impacted areas. Prior to approving a use that would otherwise be incompatible with mineral resource protection; conditions of approval may be applied to encroaching development projects to minimize potential conflicts.

In any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.

Secs. 30-957—30-959. - Reserved.

ARTICLE XIV. - TRANSPORTATION DEMAND MANAGEMENT AND TRIP REDUCTION REQUIREMENTS

The purpose of this section is to promote the use of alternative modes of transportation other than the use of single occupant vehicle, and peak hour travel, thereby reducing congestion, reducing air pollution and improving the quality of life.

This section shall apply to all incorporated portions of the City. Prior to issuance of a building permit for any new construction project requiring a design review for which a site plan is submitted on or after this article comes into effect, provisions shall be made for all applicable trip reduction requirements of this section to be implemented. The requirements shall not be applied to existing development except when new square footage is added which exceeds 25 percent of the original development.

Sec. 30-962. - Trip reduction measures.

The following trip reduction measures shall be implemented:

(1)

Bicycle parking racks or secured bicycle lockers shall be provided for all nonresidential developments and multiple-family developments with ten or more units. Bicycle racks or lockers shall be provided at a rate of one bicycle parking space per 20 automobile parking spaces with a minimum of a two-bike rack.

(2)

On-site pedestrian walkways and bicycle paths shall be provided between adjoining buildings and connecting each building in a development to public streets and sidewalks or transit stops, for all new nonresidential developments and multiple-family developments with ten or more units.

(3)

Preferential parking spaces which are signed and striped for vanpools and carpools shall be provided at a minimum rate of ten percent of employee vehicle parking for all new nonresidential developments of 20,000 square feet or greater.

(4)

A passenger loading area equivalent to a minimum of three parking spaces shall be provided in a location close to the main building entrance or employee entrance, designed not to interfere with vehicular circulation, for all new nonresidential developments of 50,000 square feet or greater.

(5)

Parking spaces shall be designed with a minimum vertical clearance of seven feet two inches to accommodate vanpool vehicles.

(6)

Locker, shower, and changing room facility(ies) accessible to both men and women shall be provided for employees bicycling or walking to work, for all new nonresidential developments which meeting the following thresholds.

(7)

All new nonresidential developments with 20,000 square feet or greater shall provide an information area easily accessible to employees that offers information on available transportation alternatives, such as: metro link service schedules, transit route schedules and maps, rideshare matching services, available employees or customer incentives and air quality information.

(8)

Transit facilities such as bus pullouts, bus pads and bus shelters shall be provided for new developments along existing or planned transit routes at approximately one-quarter mile apart, as determined in cooperation with local transit providers and City Engineer and transportation planning staff.

(9)

A telecommuting center or contributions toward the development of such a center shall be required for all new residential developments of 200 or more units.

(10)

On-site video conferencing facilities shall be provided for all office park developments with 1,000 or more employees or office building with a capacity of 500 or more employees.

(11)

Sidewalks shall be provided for all new developments in accordance with the City's circulation element of the general plan, subject to conditions of existing, adopted specific plans.

(12)

Child care facilities shall be considered for inclusion as part of new nonresidential developments with 1,000 or more employees.

(13)

All new projects which meet the San Bernardino County Congestion Management Program thresholds shall participate in the construction or payment of fees toward the construction of bicycle facilities required during the design review or project approval process.

(Ord. No. 1865, § 8(Att. 2), 3-23-21)

Sec. 30-963. - Exception to trip reduction requirements.

The City Council, Planning Commission or Director of Community Development, as appropriate, may modify all or part of the trip reduction measures for new projects set forth above, if the following findings can be made:

(1)

One or more of the measures are not applicable due to special circumstances, including, but not limited to, the location or configuration of the project, the implementation demand management strategies, or other specific factors which make infeasible implementation, or reduce the effectiveness, of the prescribed measure(s); and

(2)

An alternative trip reduction and transportation demand management strategy will be implemented to reduce an equal amount of trips as would have occurred as a result of imposition of the prescribed measures. Implementation of the alterative strategy shall be a condition of project approval.

The City desires to ensure its compliance with Senate Bill 330 (SB330) and establish a no Net Loss Density Bonus Program for certain residential projects. this chapter provides, concurrent with the approval of any change in zone from a residential use to a less intensive or non-residential use, a density bonus will become available to project applicants subsequently seeking to develop property for residential use within the City. In doing so, the proposed Section will ensure that there is no net loss of residential capacity within the City as required by SB330.

On October 9, 2019, the California Legislature adopted SB330 which, among other things, adopted Government Code § 66300, declared a housing crisis in the State of California and imposed certain requirements designed to streamline the construction of new housing, and prevent the loss of existing housing and land available for future residential use, unless the City concurrently changes the development standards, policies, and conditions applicable to other areas of the affected jurisdiction to ensure no net loss in residential capacity. SB330 became effective on January 1, 2020.

(Ord. No. 1906, § 76, 10-25-22)

Except as otherwise expressly set forth herein, the following words and terms as used in this chapter shall have the following meanings:

Density Bonus. A density increase of up to those percentages above the otherwise maximum residential density as specified in this chapter.

Density Bonus/Transfer Agreement. A legally binding agreement between a developer of a Housing Development and the City containing such terms and conditions as determined by the City Attorney, which ensures that the requirements of this chapter are satisfied.

Density Bonus Units. Those residential units granted pursuant to the provisions of this chapter, that exceed the maximum residential density for the development site and that are available in the Unit Bank.

Director of Planning. The Director of Planning of the City of Fontana.

Housing Development. Construction projects consisting of five or more residential units or Lots, including single-family and multifamily, that are proposed to be constructed pursuant to this chapter.

Lot. (1) a Lot when shown as a delineated Lot of land with a number or other designation on a parcel map or tract map and not to be used for the common benefit of other Lots recorded in the Office of the County Recorder of San Bernardino County and legally created under the Subdivision Map Act ; (2) a Lot of land held under separate ownership from adjacent property that constitutes a legal lot under applicable Law.

Maximum Residential Density. The maximum number of residential units permitted by the City's General Plan Land Use Element and Zoning and Development Code, applicable to the subject property at the time an application for the construction of a Housing Development is deemed complete by the City, excluding the additional units permitted by this chapter.

Unit Bank. The number of units available to the No Net Loss Program as a result of a change of zone from a residential use to a less intensive residential use or a non-residential use. The Director of Planning, or his or her designee, shall have the sole authority to administer and maintain the Unit Bank balances, credits and availability as he or she determines, which determination shall be final.

(Ord. No. 1906, § 76, 10-25-22)

The City shall grant a density bonus through the No Net Loss Program to projects which meet the following criteria:

(1)

The project is on a parcel of at least one acre, or the applicant is processing an application concurrently with a parcel merger of two or more Lots or more which will create a Lot of not less than one-acre.

(2)

The project takes place in one of the following residential zones in the City:

a.

Residential Estate (R-E).

b.

Single-Family Residential (R-1).

c.

Medium-Density Residential (R-2).

d.

High-Density Residential (R-3).

e.

Multi-Family Medium-High Residential (R-4).

f.

Multi-Family/High Residential (R-5).

g.

Residential Planned Community (R-PC).

(3)

In determining the number of Density Bonus Units to be granted transferred) pursuant to this section, the maximum allowable residential density for the site shall be calculated as follows:

a.

Multiplying the maximum density allowed under the applicable zoning designation and multiplying the result by 1.2 for a 20 percent density bonus. If the result, including the density bonus, contains a fraction of a unit, the number of allowable units shall be determined by rounding down to the nearest whole number if the fraction is below 0.5. Calculations containing fractions of 0.5 or above shall be rounded up.

b.

Density bonuses in the No Net Loss Program can be combined with other density bonus programs as established in Article II, Division 25 - Density Bonus of the Fontana Municipal Code.

1.

In no case shall the number of No Net Loss/Density Bonus Units awarded under the No Net Loss Program exceed the number of units in the Unit Bank.

2.

In no case shall the number of No Net Loss/Density Bonus Units available in the Unit Bank exceed 2,200 units.

(4)

A Density Bonus/Transfer Agreement shall be required for any project seeking a density bonus as part of the No Net Loss Density Bonus Program.

(5)

The Planning Department shall publish the available number of units available in the Unit Bank on the Planning Department's page on the City's website. The number of units available is expected to change periodically and, as such, any information contained on the City's website or any other published source shall be considered draft for informational purposes only. Confirmation of the number of units available shall be made upon submittal of a development application, including the payment of appropriate fees.

(Ord. No. 1906, § 76, 10-25-22)

Sec. 30-968. - Types of bonuses allowed.

(a)

Density Bonus. The density bonus allowed by this chapter shall consist of those density increases specified in Section 30-967 above the maximum residential density applicable to the site as of the date of the project land use permit application.

(b)

Mixed use zoning allows the Housing Development to include nonresidential uses. Approval of mixed-use activities in conjunction with the No Net Loss program is permissible if authorized elsewhere under the Fontana Municipal Code and subject to those requirements. A density bonus will be granted only for the residential portion of a mixed use development.

(Ord. No. 1906, § 76, 10-25-22)

Sec. 30-969. - Development standards.

All development standards for the base zone and/or overlay district shall be met. Granting of a density bonus does not constitute approval of or grounds for modification or waiver of any development standard or other requirement of the Fontana Municipal Code.

(Ord. No. 1906, § 76, 10-25-22)

Sec. 30-970. - Processing of no net loss program requests.

An Application which proposes to change a land use designation or zoning ordinance to a less intensive use may request concurrent approval by the City Council to transfer the unit reduction to a No Net Loss Density Bonus Bank for the purpose of complying with SB330.

An Application which proposes to utilize units available in the No Net Loss Density Bonus Bank shall submit a density bonus transfer application in conjunction with the permit and entitlement application submittal package required for the project. A density bonus transfer application pursuant to this chapter shall be processed along with the application for development. The process for obtaining preliminary approval of the Density Bonus Transfer Agreement, shall be as follows:

(1)

Filing. An applicant proposing a Housing Development pursuant to this chapter shall submit a concurrent application for a Density Bonus Transfer Agreement as part of the submittal of any formal request for approval of a Housing Development. The application, whether a pre-application or a formal application, shall include:

(2)

A general description of the proposed project, general plan description, applicable zoning, maximum possible density permitted under the current zoning and general plan description and such other information as is necessary.

(3)

A calculation of the density bonus allowed pursuant to this division.

(4)

A statement detailing the number of density bonus units being proposed over and above the number of units normally permitted by the applicable zoning and general plan description.

(5)

City review of and action on the applicant's proposal for a density bonus shall occur concurrently with the processing of any other required entitlements, if any. The fact that another required entitlement might be subject to discretionary approval does not subject the application for a density bonus/transfer under this section to discretionary approval; they will merely be processed at the same time.

(Ord. No. 1906, § 76, 10-25-22)

Sec. 30-971. - No net loss program density bonus agreement.

(a)

The terms of the draft density bonus/transfer agreement (Agreement) shall be reviewed and revised as appropriate by the Director of Planning and the City Attorney for final approval.

(b)

At a minimum, the Agreement shall include the following:

(1)

The total number of units, both permitted and available through the density bonus/transfer, proposed within the Housing Development;

(2)

A schedule for completion and occupancy of the units; and

(3)

A description of remedies for breach of the Agreement by either party.

(Ord. No. 1906, § 76, 10-25-22)

Sec. 30-972. - Implementation.

(a)

The provisions of this chapter shall be administered by the Planning Department.

(b)

Projects requesting density bonus/transfer through this No Net Loss Program are subject to processing through the requirements in this chapter.

(Ord. No. 1906, § 76, 10-25-22)