Division 9 — SIGNS ON PUBLIC PROPERTY

Sec. 30-766. - Intent as to public forum.

As it relates to the placing of signage on public property, the City declares its intent that all public property in the City shall not function as a designated public forum, unless some specific portion of public property is designated herein as a public forum of one particular type. In such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period, if any.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Sec. 30-767. - Private party signs generally banned.

Except as expressly allowed by a provision of this article, or another provision of law, private parties may not display or post signs on public property or in the public right-of-way.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Sec. 30-768. - Signs that are exempt from the general ban.

The following signs are exempted from the general ban:

(1)

Traffic control and traffic directional signs erected by a governmental unit.

(2)

Official notices required by law.

(3)

Signs placed by the City.

(4)

Signs that have received an encroachment permit from the City of Fontana.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Sec. 30-769. - Authorized signs on public properties and structures.

Private advertising signs may be placed on structures in the public right-of-way, such as bus shelters, if there is a licensing agreement approved by the City Council authorizing such general advertising signs on public property. A design review sign application must be approved prior to the construction of general advertising signs on public property, and the applicant and the owner of the sign shall comply with the provisions of Section 30-736 and Section 30-737.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Sec. 30-770. - Reserved. Sec. 30-771. - Enforcement.

Any sign posted on public property or the public right-of-way in violation of the provisions of this article is declared to be a trespass and a public nuisance, may be summarily removed by the City without notice, and the persons or parties responsible for such unauthorized posting may be charged with the City's actual costs of removal. In addition, any violation of this article may be enforced or punished in any manner prescribed by law.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Any sign proposed to project into the public right-of-way, or into public property, shall require an encroachment permit.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

DIVISION 10. - RESERVED

Sec. 30-773. - Reserved.

DIVISION 11. - NONCONFORMING SIGNS

Sec. 30-774. - Applicability.

This division applies to any permanent or temporary sign, including its physical structure and supporting elements, which was lawfully erected and maintained in compliance with all applicable laws in effect at the time of original installation, but which does not currently comply with the provisions of this article. This division shall not apply to any legal signs made nonconforming by action of the City to widen a right-of-way.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Sec. 30-775. - Permitted modifications and maintenance to nonconforming signs.

The following modifications and maintenance to nonconforming signs are allowed:

(1)

A nonconforming sign may be continued and shall be maintained in good condition as required by this article, unless provided otherwise in this division.

(2)

Sign copy and face changes, nonstructural modifications, and nonstructural maintenance (e.g., painting and rust removal) are allowed.

(3)

Nonconforming signs may be altered or reconstructed so as to decrease the discrepancy between existing conditions and current standards for sign area, height, setback, or other standards, provided such alteration or reconstruction does not increase the sign area or height or encroach into a required sign

setback area.

(4)

A nonconforming sign may be restored to its original condition if 50 percent or less of the replacement value of the sign is damaged due to force majeure, fire, or vandalism, or an accident; provided that the restoration is started within 90 days of the damage occurring and is diligently pursued to completion. A nonconforming sign is deemed to be more than 50 percent damaged if the estimated cost of reconstruction or repair exceeds 50 percent of the replacement cost as determined by the Building Official.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Sec. 30-776. - Prohibited modifications to nonconforming signs.

A nonconforming sign shall not be:

(1)

Changed to another nonconforming sign;

(2)

Altered unless required by law or unless the alteration results in the reduction or elimination of the nonconformity;

(3)

Enlarged; or

(4)

Moved or replaced, unless required to accommodate street widening or other City projects.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Sec. 30-777. - Nonconforming sign removal.

A nonconforming sign shall be removed or modified to comply with this article if the following occurs:

(1)

Any modifications prohibited by Section 30-776 are made to the sign;

(2)

The sign is temporary;

(3)

The sign is or may become a danger to the public or is unsafe;

(4)

The sign constitutes a traffic hazard not created by the relocation of streets or by acts of the City;

(5)

The building on which the nonconforming sign is located is demolished; or

(6)

The nonconforming sign has been abandoned or the use of the property on which the nonconforming sign is located has been discontinued for a continuous period of 12 months.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Sec. 30-778. - Exception.

This division shall not apply to any sign that may not be removed pursuant to the provisions of Business and Professions Code Section 5412.5 but only during the period of time that Business and Professions Code Section 5412.5 remains in force and effect.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

DIVISION 12. - ADMINISTRATION AND ENFORCEMENT

Sec. 30-779. - Director of Community Development responsibilities.

It shall be the duty of the Director of Community Development to enforce all of the provisions of this article.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Sec. 30-780. - Violations.

(a)

Penalties and abatement of nuisances. It is illegal to use, occupy, or maintain property in violation of this article. Any violation or failure to comply with the provisions of this article shall render a person guilty of a misdemeanor, and such person shall be punished in accordance with the provisions of Section 1-7. In addition to any administrative, criminal, nuisance, or other enforcement procedure, the City may withhold the issuance of business licenses, building permits, grading permits, certificates of occupancy, and other land use entitlements and may issue stop work orders for a development project failing to comply with the provisions of this article.

(b)

Procedure for notification of violation. When a sign has been found to have been erected, installed, painted, constructed or altered in violation of the provisions of this article, a notice of violation shall be given as specified in Chapters 1 and 18 of the Municipal Code.

(c)

Removal of signs to correct violations. If the option of removing signs in violation is exercised, the signs shall be completely removed, including all poles, structures, electrical equipment, cabinets, and sign faces. Building walls, grounds, or other items on which such signs have been placed shall be restored to good repair and appearance.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Sec. 30-781. - Sign variances.

(a)

Purpose. The purpose of a sign variance is to provide for deviations from the literal provisions of this article in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual sign under consideration, and to grant such variances only when it is demonstrated that such actions align with the applicability and the findings of this section.

(b)

Authority. The Planning Commission is authorized to approve or deny sign variance applications.

(c)

Application.

(1)

Applications for a sign variance shall be filed with the Planning Division on forms, and accompanied by data, information, and fees as required by the Planning Department. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(2)

At a minimum, the application shall include:

a.

A statement that the applicant is the owner of the subject property or an agent thereof;

b.

The legal description of the property involved, the proposed use, and site plans;

c.

A reference to the specific provisions of this article that are applicable to the requested sign variance; and

d.

The specific use and standard for which the sign variance is being requested shall be described in detail.

(d)

Limitation on variances. In no case shall any sign variance be granted that would result in a sign that exceeds the height, size, or setback provisions of this article by 25 percent or that would increase the number of signs permitted by this article by more than 25 percent.

(e)

Findings. The following findings are required to be made by the Planning Commission for approval of a sign variance application, with or without conditions:

(1)

Variances from the terms of this article shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the article deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits.

(2)

The characteristics that make compliance with the requirements of this article difficult must be related to the premises for which the sign variance is sought, not some other location;

(3)

The characteristics that make compliance with the requirements of this article difficult must not have been created by the owner of the premises, a previous owner, or the applicant; and

(4)

The proposed sign variance will not be harmful or alter the essential character of the area in which the property is located, will not impair an adequate supply of light and air to adjacent property, or unreasonably increase congestion in public streets, or increase the danger of fire or endanger public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City.

(f)

Consistency. Any sign variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties.

(g)

Noticing. Notice of hearings for sign variances shall be as set forth in Chapter 30, Article II, Division 4.

(h)

Hearing. Upon receipt of a complete application for a sign variance, a time and place for the hearing before the Planning Commission shall be set.

(i)

Appeal. The decision of the Planning Commission shall be final unless an appeal is filed. An appeal could be made as set forth in Chapter 30, Article II, Division 5.

(j)

Time limitations. Each sign variance granted under the provisions of this article shall become null and void two years after the date of the action approving the sign variance unless:

(1)

The construction authorized by the sign variance or permit has been commenced within two years after the granting of the sign variance and diligently advanced to completion;

(2)

The decision approving a sign variance contains in its findings and conditions specific authority for extending the time limit defined; or

(3)

The Director of Planning finds that circumstances beyond the control of the applicant have caused delays which do not permit compliance with the time limits established.

(Ord. No. 1868, § 9(Att. 2), 5-25-21; Ord. No. 1906, § 71, 10-25-22)

Sec. 30-782. - Appeal process.

All appeals shall be subject to the requirements of this chapter.

(Ord. No. 1868, § 9(Att. 2), 5-25-21)

DIVISION 13. - DEFINITIONS

Sec. 30-783. - Definitions.

For purposes of this article, the following definitions shall apply:

A-frame sign. See "portable (a-frame) sign."

Abandoned sign means any lawfully erected sign, sign structure, advertising structure, or display that is not operated or maintained for a period of one year or longer. The following conditions shall be considered as the failure to operate or maintain a sign: (a) the sign displays advertising for a product of service that is no longer available; (b) the sign displays advertising for a business that is no longer licensed; (c) the sign advertises a business that is no longer doing business on the parcel where the sign is located; (d) the sign has a purpose for which the purpose has lapsed; or (e) the sign is blank.

Alter; alteration means any change in the weight, depth, height, area, thickness, materials, location, or type of display of an existing sign but shall not be construed to prevent normal or periodic maintenance, upkeep, or repair of a sign or change of copy (e.g., repainting).

Animated sign means a sign, other than an electronic message sign, whereby the sign itself or the information conveyed incorporates or involves action, motion, or the appearance of action or motion, such as flashing lights, color changes, moving parts, reflective materials, traveling, tracing, or scrolling messages, rotating images, or video-like features.

Awning sign means any sign that is painted or applied to the face, valance, or side panel of a projecting structure consisting of a frame and a material covering, attached to and wholly supported by a building wall and installed over and partially in front of doors, windows, or other openings in a building.

Balloon. See "inflatable sign."

Banner sign or banner means a temporary sign composed of cloth, canvas, plastic, fabric, or similar lightweight, non-rigid material that can be mounted to a structure with screws, cord, rope, cable, or a similar method. This sign type does not include flags (see "flags").

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Billboard. See "general advertising sign (billboard)."

Blade sign. See "projecting sign."

Building means any structure built for the support, shelter, or enclosure of persons, animals, fowls, chattels, or personal property of any kind.

Building frontage. See "frontage, building."

Business frontage. See "frontage, business."

Cabinet, cabinet sign means a type of sign that contains all the text and/or logo symbols within a single enclosed frame with flat or shaped panels that is mounted to a wall or other surface (cabinet). Such sign structures typically use slide-in panels to display the message to the public.

Canopy means a permanent roof-like structure of rigid materials extending from the main entrance of a structure and is typically supported by posts at the corners farthest from where the canopy attaches to the structure.

Canopy, fueling station means a roof-like structure, typically consisting of supporting columns, at a fueling station that covers the fueling islands and surrounding fueling area.

Canopy sign means a sign that meets any one or more of these criteria: (a) a sign mounted on a permanent canopy; (b) a traditional industry term for the variable message portion of a canopy sign; and/or (c) an integral sign and permanent canopy.

Change of copy means changing of the face or letters on a sign.

Changeable copy means sign copy designed to be used with removable graphics which will allow changing of copy.

City Council means the City Council of the City of Fontana.

Commemorative sign means signs generally highlighting dates of construction, historic accomplishments, personal accolades, and the like when carved in stone, concrete, or similar material or made of bronze, aluminum, or other similar permanent material.

Commercial message means message concerning primarily a proposed economic transaction or the economic interests of the sign sponsor or audience.

Commercial mural. See "mural, commercial."

Complex, commercial or industrial means any group of two or more principal uses on a parcel or combination of parcels, which are generally served either by common access or common parking. Accessory uses shall not be considered in the calculation of the number of uses on a parcel or combination of parcels. Complexes may include commercial strip or commercial in-line development.

Conforming sign means a sign that is legally installed in accordance with federal, state, and local permit requirements and laws.

Content-neutral; time, place, and manner regulations means consistently applicable, nondiscriminatory sign regulations that specify—without reference to the content of the message—when, how, and where a sign can be displayed, with physical standards such as but not limited to height, size, and location, that allow the sign to be readable.

Contour sign means a cabinet sign where the outline of the cabinet follows the outline of the letters.

Contrast means the difference or degree of difference between things having similar or comparable natures, such as light and dark areas, colors, or typefaces.

Copy means the message or content of a sign, which may include letters, numbers, figures, and/or images.

Creative sign means a two- or three-dimensional representation of a unique sign that exhibits a high degree of thoughtfulness, imagination, and inventiveness and provides aesthetic enjoyment for the viewer while still conveying the name of the business or a commercial message about the products or services offered on the property upon which the creative sign is displayed.

Creative sign examples:

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Decorative feature means the ornamental embellishments, adornments, and elements intended to enhance architectural compatibility and character of the sign with the surrounding built environment. Decorative features help to beautify the support structures and make the sign more aesthetically pleasing. Sign area calculations shall not include decorative features, so long as letters and/or graphics do not appear on the decorative features. However, sign height calculations shall include decorative features.

Decorative feature, base means a decorative masonry or natural stone base used to mount monument signs and pylon signs. Where a monument sign or pylon sign is to be constructed for a nonresidential use located within a brick or decorative masonry building, the decorative base shall be constructed of a decorative masonry material.

Decorative feature, cap means a decorative masonry or natural stone cap used to decorate the top of freestanding signs. Where a freestanding sign is to be constructed for a nonresidential use located within a brick or decorative masonry building, the decorative cap shall be constructed of a decorative masonry material.

Decorative feature, trim means a decorative masonry or natural stone trim used to decorate the sides of freestanding signs.

Digital sign. See "electronic message sign."

Director of Community Development means the Director of Community Development of the City of Fontana, which shall include his or her designee.

Display area. See "sign area."

Double-sided sign means a sign constructed to display its message on two parallel opposing (back-to-back) faces.

Driveway/on-site traffic directional sign means a sign located adjacent to a pedestrian or vehicle travel way that is internal to a site or complex, intended to provide orientation and safety assistance.

Eave line means the bottom of the roof eave or parapet.

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Electronic message sign means a variable message sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs generally include displays using LEDs (light emitting diodes), CCDs (charge coupled devices), plasma, or functionally equivalent technologies to display a series of still images or full motion, usually remotely programmable and changeable, and are sometimes referred to as "digital signs" and "LED signs."

Exposed raceways means an enclosed channel of metal or nonmetallic materials designed expressly for holding wires, cables, or busbars. Raceways include, but are not limited to, rigid metal conduit, rigid nonmetallic conduit, intermediate metal conduit, liquid tight flexible conduit, flexible metallic tubing, flexible metal conduit, electrical nonmetallic tubing, electrical metallic tubing, underfloor raceways, cellular concrete floor raceways, cellular metal floor raceways, surface raceways, wireways, and busways.

Externally illuminated sign means a sign that is illuminated by a light source that is located on the exterior of the sign or nearby and directed toward, and shines on the face of a sign.

Façade, building means an exterior side of a building, generally set facing a parking lot, street, or driveway. Refers to the side of a building to which a sign is attached.

Façade, porte-cochère means an exterior side of a porte-cochère, generally set facing a parking lot, street, or driveway. Refers to the side of a portecochère to which a porte-cochère sign is attached.

Face means the surface area on a sign where advertising copy is displayed.

Feather sign means a temporary sign constructed of cloth, canvas, plastic fabric, or similar lightweight, non-rigid material, typically taller than it is longer, and supported by a single vertical pole mounted into the ground or on a portable structure. This sign type does not include flags (see "flags").

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Flag means a fabric, cloth, plastic, vinyl, canvas, leather, or other similar material sheet of square, rectangular, or triangular shape that is attached to a staff cord and mounted on a pole. This sign type includes official flags of national, state, or local governments. This sign type does not include feather signs (see "feather sign"), banners (see "banners"), or pennants (see "pennants").

Flashing sign means a sign that contains an intermittent or sequential flashing light source. Generally, the sign's message is constantly repeated, and the sign is most often used as a primary attention-getting device.

Floor inlay sign means signs that are embedded into the walkway or sidewalk outside the entryway to a building.

Freestanding sign means a sign that is supported by one or more uprights, braces, poles, or other similar structural components that is not attached to a building or buildings.

Freeway means the Interstate 10 (I-10), Interstate 15 (I-15), and State Route 210 (SR-210) rights-of-way within the boundaries of the City of Fontana.

Freeway sign means a freestanding sign with high overall height oriented towards a freeway. Moreover, a freeway sign includes a decorative cap and trim. See "freestanding sign."

Frontage, building means the building façade width that directly abuts a public street, private street, parking lot, or parking space. The building frontage shall not include alleys, porte-cochères, and other drive-through structures.

Frontage, business means the width of a building occupied by a business tenant that fronts on a public street or faces a plaza, courtyard, pedestrian corridor or walkway, or parking lot, where customer access to the building is available. Width is measured as the widest point on an architectural elevation.

Frontage, parking lot means the portion of the building or property which faces or abuts a parking lot(s).

Frontage, street means the portion of the building or property which faces or abuts a street(s).

General advertising means the enterprise of advertising or promoting other businesses or causes, in contrast to self-promotion or on-site advertising; also known as "advertising for hire." See "general advertising sign."

General advertising sign (billboard) means a permanent sign in a fixed position that meets any one or more of these criteria: (a) the sign is routinely used for general advertising for hire; (b) the sign is used to display commercial advertising for a business not located on the same premises as the sign; (c) the sign is a separate economic unit, not an accessory or auxiliary use serving the principal use on the land; and/or (d) the message display area is made available to message sponsors other than the owner. "General advertising sign" does not include "freeway signs." "General advertising sign" may also be referred to as "billboard" or "outdoor advertising sign" in other sections of the Municipal Code.

General advertising sign, mobile. See "vehicle sign."

Graffiti means any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, inscribed, or painted on any public or private real or personal property without the consent or permission of the owner thereof.

Graphic projection sign means a sign that uses a template that light shines through to project an image onto a surface.

Height, freestanding sign means the greatest vertical distance measured from the highest elevation of the adjoining finished grade at the mid-point of the freestanding sign support(s) that intersect the ground to the highest element of the freestanding sign as described in Section 30-735, unless otherwise specified in this article.

Height, wall sign means the greatest vertical distance measured from the highest point of the wall sign to the lowest point of the wall sign.

Iconography means the traditional or conventional images or symbols associated with a subject.

Illegal sign means a sign that meets any one or more of these criteria: (a) a sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use; (b) a sign which is a danger to the public or is unsafe; (c) a sign which is a traffic hazard not created by relocation of streets or highways or by acts of the City or county; and/or (d) a sign that is a public nuisance as defined under Article .

Illuminated means signs or individual letters in which an artificial source of light is used to make the message readable and includes both internally and externally lit signs.

Inflatable sign means a sign that is an air-inflated object such as a balloon, which may be of various shapes, made of flexible fabric, resting on the ground or a structure, and either filled with or helium gas or equipped with a portable blower motor that provides a constant flow of air into the device.

Internally illuminated sign means a sign that is illuminated by a light source contained inside the sign.

LED means light emitting diode.

Legal nonconforming sign means a legally established sign which fails to conform to the regulations of this chapter.

Legibility means the characteristics of letters, numbers, graphics, or symbols that make it possible to differentiate one from the other.

Logo means an established identifying symbol or mark associated with a business or business entity.

Luminance means the perceived brightness of an illuminated sign, measured in foot-candles above the ambient light level.

Major neighborhood entrance means an area proximate to the intersection of two streets, which creates the primary entryway(s) into a neighborhood officially recognized by the City of Fontana.

Mansard roof means a decorative fascia used to hide equipment or articles on the roof or to enhance the storefront appearance.

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Marquee means a permanent roofed structure attached to and supported by the building and projecting from the building face and generally used to post or otherwise display copy associated with the on-site business. See also "canopy."

Marquee sign means a sign attached to a marquee.

Menu board means a permanently installed sign with changeable copy (electronic message or manual) for the purpose of providing product and/or service information for drive-through service at a business where customers remain seated in a vehicle occupying a drive-through service lane.

Message. See "copy."

Monument sign means a freestanding ground sign with low overall height and the appearance of having a solid base. Moreover, a monument sign includes a decorative base, cap, and trim. See "freestanding sign."

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Multi-faced sign means a sign constructed to display its message on three or more connected faces.

Multiple tenant site. See "complex, commercial or industrial."

Mural, commercial means the graphic artwork applied to and made an integral part of an exterior wall of a structure, public or private, that is professionally applied by a sign manufacturer, artist, or similarly qualified entity or person, contains a commercial message (e.g., business logo or images of items for sale), and does not have any electrical or mechanical components. A mural is distinguishable from graffiti based on the property owner's permission to paint or affix the mural onto the property.

Mural, noncommercial means the graphic artwork applied to and made an integral part of an exterior wall of a structure, public or private, does not contain a commercial message (e.g., business logo or images of items for sale), and does not have any electrical or mechanical components. A mural is distinguishable from graffiti based on the property owner's permission to paint or affix the mural onto the property.

Neon sign means a sign illuminated by or utilizing neon tubing, and/or related inert gases, or products that produce the same or similar effect as neon, such as flexible light-emitting diode (LED) neon-like tubing which is visible to the viewer.

Noncommercial message means debate or commentary on topics of public concern, for example, politics, religion, philosophy, science, or art.

Noncommercial mural. See "mural, noncommercial."

Nonconforming sign means any permanent sign or temporary sign, including its physical structure and supporting elements, which was lawfully erected and maintained in compliance with all applicable laws in effect at the time of original installation, but which does not now comply with the provisions of this article.

Nonresidential zoning districts means zoning districts in Fontana that allow nonresidential uses, including commercial, industrial, and mixed-use zoning districts. This definition specifically excludes the following zoning districts: R-E, R-1, R-2, R-3, R-4, R-5, R-PC, and neighborhood and multiple-family zoning districts within the FBC.

Off-premises sign means any sign which advertises or informs in any manner businesses, services, or events at some location other than that upon which the sign is located. See also "general advertising sign."

On-premises sign means a communication device whose message and design relates to a business, an event, goods, profession, or service being conducted, sold, or offered at the location where the sign is erected. All noncommercial signs are considered on-premises signs.

Painted sign means a sign erected by means of painting the copy and all related material directly upon any portion of a building or other structure. This definition includes commercial murals.

Parapet means a wall-like barrier at the edge of a roof or structure.

Pennant means a triangular or irregular piece of fabric or other material, whether or not containing a message of any kind, commonly attached by strings or strands intended to flap in the wind. This sign type does not include flags (see "flag").

Permanent sign means a sign constructed of durable materials and attached to a building, structure, or the ground in a manner that will resist environmental loads such as wind, and precludes ready removal or movement of the sign, and intended to exist for the duration of time that the use or occupant is located on the premises.

Placed means erected, constructed, posted, painted, printed, tacked, glued, carved, or otherwise fastened, affixed, or made visible in any manner.

Planning Commission means the Planning Commission of the City of Fontana.

Pole sign means an elevated freestanding sign that is supported by one or more exposed poles that are permanently attached directly into or upon the ground.

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Portable (A-frame) sign means a sign that is not permanently affixed to a structure or the ground. Portable (A-frame) signs generally include A-frame structures or similar low-profile signs, and are usually hinged at the top, or attached in a similar manner, and widened at the bottom to form a shape similar to the letter "A." Portable (A-frame) signs may also be referred to as a sandwich board sign. Other variations of such signs may also be in the shape of the letter "T" (inverted) or the letter "H." This definition does not include feather signs.

Porte-cochère means a permanent roof-like structure of rigid materials attached to a drive-through establishment and typically supported by posts or pillars at the corners farthest from where the porte-cochère attaches to a drive-through establishment. Porte-cochères are large enough for vehicles to pass through and/or underneath.

Porte-cochère sign means any sign placed on a porte-cochère façade.

Porte-cochère sign examples:

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Primary wall sign. See "wall sign, primary."

Projecting sign means a building-mounted sign with faces projecting from and perpendicular to the building fascia.

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Public property means an area that is accessible to any member of the public. Includes land or other property in which the City of Fontana holds a present right of possession and control, City road easements, and all public rights-of-way, regardless of ownership.

Public nuisance means a sign, sign structure, or advertising structure that meets any one or more of these criteria: 1) a nuisance as defined in the Municipal Code; 2) an abandoned sign as defined in this section; and/or 3) an illegal sign as defined in this section.

Pylon sign means a freestanding sign that is supported and in direct contact with the ground or one or more solid, monumental structures or pylons and which typically has a sign face with a vertical dimension that is greater than its horizontal dimension. Moreover, a pylon sign includes a decorative base, cap, and trim. See "freestanding sign."

Responsible party means the person liable for placement of a sign. The following is a nonexclusive list of facts which when found to exist, shall constitute prima facie evidence that a person is a responsible party:

(1)

Based on information contained on the sign, and information from other sources, the person is identified as the owner or lessee of property used for the activity or event, and/or is the sponsor or promoter of the activity or event described on the sign.

(2)

Based on information that appears on the sign, and information from other sources, including, but not limited to, information establishing the individual or corporate identity of the owner of the sign, it is found that the person placed the sign or caused the sign to be placed.

Reviewing Body means the individual or official City body (e.g., Director of Community Development, Planning Commission, City Council) identified by this article as having the responsibility and authority to review, approve, and deny a permit application. May also be referred to as "responsible Reviewing Body."

Roof sign means a sign erected, constructed, or placed upon or over a roof of a building, including a mansard roof, and which is wholly or partly supported by such buildings.

Screening means fencing, landscaping, berms, walls, hedges, or a combination of techniques used to obscure the view from one site to another or from one site to any public right-of-way or publicly accessible area to a reasonable extent.

Secondary wall sign. See "wall sign, secondary."

Shopping center. See "complex, commercial or industrial."

Sign means a structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, provide information in the nature of advertising, provide historical, cultural, archaeological, or social information, or direct or attract attention to an object, person, institution, business, product, service, event, policy, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. The following do not fall within the definition of a sign for the purposes of this article.

(1)

Architectural or decorative features of buildings (not including lettering, trademarks, or moving parts).

(2)

Graphic images that are visible only from above, such as those visible only from airplanes or helicopters, but only if not visible from the street surface or public right-of-way.

(3)

Gravestones and grave markers.

(4)

Holiday and cultural observance decorations that are on display for not more than 60 calendar days per year (per parcel or use) and which do not include commercial advertising messages.

(5)

Manufacturers' marks on tangible products that identify the maker, seller, provider, or product and which customarily remain attached to the product even after sale.

(6)

Murals, painted or otherwise attached or adhered, with images or representation on the exterior of a structure that are visible from a public right-of-way or neighboring property; do not contain commercial advertisement (is noncommercial in nature); and are designed in a manner so as to serve as public art, enhance public space, and provide inspiration.

(7)

Colored or illuminated elements that contain no lettering, numbers, trademarks, or logos, and are located on a wall or canopy.

(8)

News racks and newsstands.

(9)

Merchandise on display and available for immediate purchase.

(10)

Shopping carts.

(11)

Symbols embedded in architecture such as symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a building; the definition also includes foundation stones and cornerstones.

(12)

Vehicle and vessel insignia as shown on street-legal vehicles and properly licensed watercraft including, but not limited to, license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising for hire), and messages relating to the proposed sale, lease, or exchange of the vehicle or vessel.

(13)

Vending machines that do not display off-site commercial messages or general advertising messages.

Sign area. See subsection 30-735(d) for specific rules for measuring the area of different sign types.

Sign band means a horizontal area above the entrances to a multiple tenant building, architecturally designed to accommodate signage in a sign-centric manner.

Sign copy means all portions of a sign displaying a message, including text, symbols, emblems, logos, or representations, but not including the supporting structures, decorative features, or base of a sign.

Sign copy, channel means sign copy with three-dimensional individual letters, symbols, emblems, logos, or representations, with an open back or front, illuminated or not illuminated, that are affixed to a building or to a freestanding sign structure with translucent faces, reverse lit channel letters, or pushthrough acrylic panels.

Sign copy, illuminated channel means channel sign copy with either an internal light source with an opaque face or an internal light source with a translucent face. The background illumination portion of illuminated channel sign copy is commonly referred to as halo lighting.

Sign copy, push-through means sign copy routed out of aluminum or other sign material and then pushed through the routed area to provide depth.

Sign face means the area of a sign on which copy is intended to be placed.

Sign structure, supporting structure means the structural portion of a sign securing the sign to the ground, a building, or to another structure including, but not limited to, columns, crossbeams, and braces.

Single face sign means a sign with only one face plane.

Sign, fueling island means a sign permanently affixed to pump islands of a fueling station or convenience store with gas pumps.

Structure means anything constructed or built. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. A building is a type of structure.

Suspended sign means a sign that is suspended from the underside of an eave, canopy, awning, arcade, or other covered walkway.

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Temporary sign means a sign that is intended to be displayed for a definite and limited period of time and which is not permanently installed, affixed, or maintained on a building or structure.

Three-dimensional sign means any sign which is a three-dimensional, sculptured, or molded representation of an animate or inanimate object that identifies, advertises, or otherwise directs attention to a product or business.

Trademark means a word or name which, with a distinctive type or letter style, is associated with a business or business entity in the conduct of business.

Vehicle sign means any sign or device placed on, mounted on, or affixed to a motor vehicle, freight, flatbed or storage trailer, or other conveyance. Vehicle signs shall not include signs wrapped on a vehicle actively being used to load, transport, or unload persons, goods, or services in the normal course of business.

Visibility means the quality of a letter, number, graphic, or symbol which enables the observer to distinguish it from its surrounds or background.

Wall sign means any sign attached to, or erected against the wall, parapet, or mansard roof of a structure, with the exposed face of the sign in a line approximately parallel to the plane of the building or structure wall. This definition includes painted signs, including commercial murals, individual letters or logos, primary wall signs, and secondary wall signs.

Wall sign, primary means of multiple wall signs, the wall sign with the largest sign area per building frontage.

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Wall sign, secondary means of multiple wall signs, the wall sign with a smaller sign area than the primary wall sign per building frontage.

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Width means the measurement of a sign, base of a sign, building, or façade at its full extent from side to side.

Window glass area means the area within the perimeter window frames and glass doors located on a business frontage or street frontage.

Window sign means any sign that is applied or attached to a window or located in such a manner that it can be seen from the exterior of the structure.

Yard sign means any temporary sign placed in the ground or attached to a supporting structure, posts, or poles, that is not attached to any building, not including banners.

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(Ord. No. 1868, § 9(Att. 2), 5-25-21)

Secs. 30-784—30-930. - Reserved. ARTICLE XIII. - RESOURCE EXTRACTION DIVISION 1. - GENERALLY

Sec. 30-931. - Purpose and intent.

(a)

This article is designed to regulate the extraction and utilization of rock, gravel, sand, clay and similar materials consistent with the requirements of the State of California Surface Mining and Reclamation Act of 1975 (Public Resources Code § 2710 et seq.); Public Resources Code § 2207 (relating to annual reporting requirements); the State Mining and Geology Board regulations (hereinafter referred to as "State regulations") for surface mining and reclamation practice contained in the California Code of Regulations (CCR), Title 14, Division 2, Chapter 8, Subchapter 1, Section 3500 et seq.; and the City of Fontana general plan.

(b)

The City recognizes that the extraction of minerals, while necessary to meet the needs of society, may also have adverse environmental and aesthetic effects. The City also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and societal conditions are significantly different and that the reclamation operations and standards may vary accordingly. As a result, this article establishes minimum procedures and standards for development of resources extraction sites and associated uses necessary to guarantee that:

(1)

The intended use of land resources will not result in a public nuisance through the creation of hazardous or detrimental environmental or aesthetic conditions on both the extraction site and areas surrounding the extraction site.

(2)

The most efficient use is made of available land resources.

(3)

All adverse environmental impacts of resource utilization are mitigated or reduced to a level of insignificance.

(4)

Reclamation of mined lands may be assured throughout the life of the extractive use.

(5)

The mining operations result in landforms suitable to adaptive reuse for uses such as parks, open space, water reclamation, housing development or other alternative land uses.

Sec. 30-932. - 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:

Abandonment means cessation of mining, quarrying and extraction operations on the site in compliance with the provisions of this Code.

Commercial extraction operation means the removal or displacement of rock, gravel, sand, clay or similar materials conducted for financial gain.

Department means the Community Development Department of the City of Fontana.

Director means the Director of Community Development of the City of Fontana or the authorized representative.

Division means the Planning Division of the City of Fontana.

Land resource means the general land form (basic geologic structure), the soil types and their associated constraints to land use, and underlying mineral resources.

Minerals means any naturally occurring chemical element or compound, or other groups of elements and compounds, formed from inorganic processes and organic substances.

Mining means the process of obtaining rock, gravel, sand, clay or similar materials from an open excavation in the earth for financial gain, including the removal of minerals extracted by underground methods.

Operator means the person, whether proprietor, lessee or independent contractor, actually in charge and in control of the pit or the operation being conducted upon the site.

Overburden means soil, rock, or other materials that lie above a mineral deposit, or in between deposits, before or after their removal by surface mining.

Owner means a person who owns a site upon which a pit is located or upon which mining, quarrying, or commercial extraction operations are being conducted, have been conducted or may be conducted.

Permit means any permit issued pursuant to the provisions of this Code, together with the application for same, the conditions upon which it was issued, and any plans, specifications, reports, and approved modifications pertaining thereto.

Person means any person to whom a permit is issued pursuant to this Development Code.

Permittee means any individual firm, association, corporation, joint venture composed of individuals, or any other group or combination acting as a unit.

Pit means any excavation or depression or hole in the ground, natural or artificial, from which sand, gravel, rock, aggregate, clay or similar materials are being or have been dug, mined, extracted, or quarried.

Planning Manager means the Planning Manager of the City of Fontana.

Quarrying means the process of removing or extracting stone, rock or similar materials from an open excavation for financial gain.

Reclamation means the process of land treatment that minimizes water degradation, air pollution, damage to aquatics or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures.

Settling basin means an area devoted to the storage of waste residue.

Site means a lot or parcel of land, or a series of contiguous or adjacent lots or parcels of land, described by a lease or similar document upon which commercial extraction operations are being or may be conducted, and which is authorized by a permit.

Slope means the exposed surface of an excavation or fills which forms an incline.

Surface mining operations mean all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials and their recovery.

Ultimate right-of-way means the right-of-way shown as ultimate on an adopted precise plan of highway alignment, or street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map, or a recorded development plan. The latest adopted or recorded document in the above case shall take precedence. If none of these exist, the ultimate right-of-way shall be considered to be the right-of-way required by the highway classification as shown on the master plan of streets. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way in the case of a private street, and the existing right-of-way, but not less than 60 feet, in the case of a public street.

The provisions of the Surface Mining and Reclamation Act (hereinafter referred to as "SMARA," codified in Public Resources Code § 2710 et seq., Public Resources Code § 2207, and the state regulations (Cal. Code of Regulations § 3500 et seq.), as those provisions and regulations may be amended from time to time, are made a part of this article by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this article are more restrictive than the correlative state provisions, this article shall prevail.

No person shall conduct an operation for the mining, extraction or removal of any land resource within the City of Fontana without first obtaining a resource extraction permit ("resource extraction permit") which incorporates a reclamation plan ("resource reclamation plan") for such operation and financial assurances for the reclamation. Any applicable exemption from these requirements does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the City of Fontana, including, but not limited to, the application of the California Environmental Quality Act (CEQA), the City of Fontana's environmental laws and guidelines, requirements for site approvals or other permits, the payment of development impact fees, or the imposition of other dedications and exactions that may be permitted under the law.

The provisions of this article shall not be generally applicable to the following:

(1)

Excavations or grading for farming, onsite construction, or restoration of land following a flood or natural disaster.

(2)

Reclamation of lands mined prior to January 1, 1976 and not disturbed since by mining activities.

(3)

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less.

(4)

Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose.

(5)

Onsite excavation and onsite earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to the all of the following conditions:

a.

All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law, CEQA and all ordinances and laws of the City of Fontana.

b.

The City of Fontana's approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA.

c.

The approved construction project is consistent with the general plan of the City of Fontana and the applicable zoning designation for the site.

d.

Surplus materials are not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.

(6)

Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following:

a.

The plant site is located on land designated for industrial or open space uses in the City's general plan.

b.

The plant site is located on land zoned M-1 (Planned Industrial) or M-2 (General Industrial);

c.

None of the minerals being processed are being extracted from the site;

d.

All reclamation work has been completed pursuant to an approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976;

(7)

Such operations that the State Mining and Geology Board determines are of an infrequent nature and that involve only minor surface disruption.

(8)

Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters or other emergencies.

Sec. 30-936. - Principal uses.

The following resource extraction uses are permitted subject to the requirements of this article:

(1)

Mining, quarrying and commercial extraction of rock, gravel, sand, clay and similar materials, and the storage, stockpiling, distribution and sale thereof.

(2)

The installation and operation of plants or apparatus for rock crushing, appurtenant screening, blending, washing, loading and conveyor facilities.

(3)

Shops and garages for the repair or maintenance of equipment and warehouses for the storage of equipment or supplies as are necessary for the conduct of the uses permitted.

(4)

Offices for the conduct of the uses permitted.

(5)

Truck scales and loading facilities.

Sec. 30-937. - Accessory uses during resource extraction.

The following uses may be permitted where such uses are accessory to an approved resource extraction operation under this article:

(1)

Manufacture of concrete products and pre-stressed structural units.

(2)

Concrete batching plants.

(3)

Mixing and processing facilities for Portland cement or asphaltic concrete.

Sec. 30-938. - Uses following reclamation.

The following uses may be permitted where such uses are accessory to an approved resource reclamation operation under this article:

(1)

Public or private parks and recreation areas and appurtenant buildings and improvements.

(2)

Sanitary landfill.

(3)

Water recharge and reclamation.

(4)

Flood control or retention facilities in conjunction with a comprehensive flood control program.

(5)

Such other appropriate uses as determined by the Planning Commission.

DIVISION 2. - PERMIT AND APPLICATION PROCEDURES

Sec. 30-939. - Application process.

(a)

Generally. Applications for a resource extraction permit or resource reclamation plan for surface mining or land reclamation projects shall be accepted only for areas identified as "regionally significant construction aggregate resource areas" on Exhibit CON-1 in the City of Fontana general plan conservation element and in the OS-R (open space resource) general plan land use designation, provided these areas are also zoned for industrial development (M-1 Planned Industrial; M-2 General Industrial). Applications shall be submitted on forms provided by the Planning Division and shall be filed in accordance with this article and any procedures established by the Planning Manager.

(b)

Application information. All documentation for resource extraction permits and resource reclamation plans shall be submitted to the City at one time. The following application information shall be submitted prior to considering a resource extraction permit or resource reclamation plan request:

(1)

A legal description of the entire property to be utilized for extractive use, accessory operations and reclamation, and a detailed plot plan that includes the following:

a.

The boundaries of the entire property drawn to scale and showing contour intervals of not more than five feet, defining the location and showing exterior boundaries of the area to be excavated. The plot plan shall also show the location of any existing structures, easements, watercourses, levees, drainage facilities, underground utilities and roads or improvements adjoining the property.

b.

A vehicular access plan showing all proposed exit routes designed in such a manner as to result in minimum additional vehicular traffic over residential streets.

c.

A topographic map prepared by a registered civil engineer or licensed surveyor or license photometric surveyor, and a complete report of soils and geologic investigation prepared by a registered civil engineer or registered engineering geologist. The topographic map shall be accompanied by a written report setting forth probable volume and depth of overburden and non-usable materials.

d.

A description of the proposed operation in all of its phases, including a phasing plan and schedule showing the approximate start date, the proposed increments of extraction and the sequence in which such increments will be accomplished. The plan shall also show the approximate future locations of any machinery and processing equipment, excluding vehicles that may be moved during the excavation operations. The plan shall also show the location of proposed buildings and structures, processing plants and other appurtenant equipment, areas to be excavated and their approximate depths, storage of topsoil and overburden, stockpiles, points of ingress and egress, driveways, parking areas, and required setbacks, fencing, berms and screen planting. Where operations include the washing of sand and gravel, the estimated daily quantity of water required and its source and disposition shall also be made a part of this description and application materials.

e.

A plan showing the location of proposed protective works, settling basins, desilting ponds and other bodies of water, including a description of the provisions to be taken for the conservation and protection of groundwater, the disposition of drainage and control of erosion.

f.

A statement of the estimated time required to complete the proposed excavation.

g.

An initial study questionnaire and such other environmental documentation that may be required by the City, as outlined in the City's environmental guidelines.

(2)

For resource reclamation plans, as many copies of the application as may be required shall also be submitted in conjunction with all applications for a resource extraction permit. Resource reclamation plan requests shall contain detailed information concerning each of the elements required by state law (Public Resources Code §§ 2772 through 2773), other applicable state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the resource reclamation plan request, including, but not limited to, the following:

a.

A final plan, showing the property as it will be prepared for installation and establishment of the proposed ultimate use;

b.

A phasing plan showing how the area will be incrementally restored to a natural appealing or otherwise usable condition as excavation operations are completed in one area and moved to the next area;

c.

A statement and plan describing the proposed rehabilitation methods and procedures including, but not limited to, the following:

Landscaping plans;

Drainage plans and facilities; and

Slope stability and erosion control plans.

All such plans are to be approved by the Director of Community Development or designee;

d.

An assessment of the effect of implementation of the rehabilitation plan on future mining in the area.

e.

For surface mining operations that are exempt from the resource extraction permit requirements pursuant to this article, a resource reclamation plan shall nevertheless be submitted by the applicant that also includes information concerning the exempt mining activity.

Prior to processing a resource extraction permit and/or resource reclamation plan, the applicant shall provide to the City such fees as may be required by resolution of the City Council of the City of Fontana. In addition to such filing fees as may be established by resolution, the operator shall be responsible for all City costs directly attributable to conduct of the resource extraction operation and any required reclamation. The operator shall enter into an agreement, acceptable in form to the City Attorney that includes, but is not limited to, consideration of the following costs:

(1)

Road bed maintenance and improvements;

(2)

Construction of special aprons/approaches, islands, turn pockets;

(3)

Street sweeping to control dust and gravel;

(4)

Traffic signalization to accommodate truck traffic;

(5)

Operation and maintenance of flood control structures;

(6)

Administrative costs for public hearing notifications, noise monitoring, audits for reclamation assessments, and enforcement costs.

Sec. 30-941. - Processing and hearing procedure.

Upon submittal of a complete application for resource extraction permit and/or resource reclamation plan and filing of all environmental documents and all documents required by the Planning Manager, consideration of the resource extraction permit or resource reclamation plan for the proposed surface mining operation or exempt activity shall be completed pursuant to the following:

(1)

The Planning Division shall, within 30 days of receipt of such applications, certify the application requests with regard to completeness in accordance with California Government Code § 65920 et seq. (Permit Streamlining Act). The Planning Division shall process the application(s) in accordance with all requirements of the California Environmental Quality Act (Public Resources Code § 21000 et seq.) and the City's environmental review guidelines.

(2)

Within 30 days of acceptance of an application for resource extraction permit and/or resource reclamation plan as complete, the Planning Division shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in Zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the Planning Division shall also notify the State Department of Transportation that the application(s) have been received.

(3)

Planning Commission review. The Planning Commission shall hold at least one noticed public hearing on the application for resource extraction permit and/or resource reclamation plan. The Planning Division shall prepare a staff report with recommendations for consideration by the Planning Commission. The staff report shall include, but not be limited to, recommendations concerning the following:

a.

A statement of the recommended intensity of use;

b.

Acceptable accessory uses;

c.

The suitability of the extraction and reclamation proposals; and

d.

Suggested conditions for approval to ensure that the resource extraction use and related accessory uses may be conducted and reclaimed without creating a public nuisance or otherwise adversely affecting the public welfare.

The staff report may recommend denial of the resource extraction permit and/or resource reclamation plan applications if it is determined that the intent of this article cannot be met by the proposed applications.

(4)

Planning Commission approvals.

a.

The Planning Commission shall take action approving, conditionally approving or denying the resource extraction permit. If a resource extraction permit is being processed concurrently with the resource reclamation plan, the Planning Commission may simultaneously also conceptually approve the resource extraction permit. However, the Planning Commission may defer action on the resource extraction permit until taking final action on the resource reclamation plan and financial assurances.

b.

Prior to final approval of a resource reclamation plan, approval of financial assurances (as provided in this article), or any amendments to a resource reclamation plan or existing financial assurances, the Planning Commission shall:

1.

Certify to the State Department of Conservation that the resource reclamation plan and/or financial assurances comply with the applicable requirements of state law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. The Planning Commission may conceptually approve the resource reclamation plan and any financial assurances before submittal to the State Department of Conservation.

2.

If necessary to comply with permit processing deadlines, the Planning Commission may conditionally approve the resource extraction permit with a condition that the planning division shall not issue any required subsidiary permits for mining operations, including grading and/or building permits, until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances.

3.

Pursuant to Public Resources Code § 2774(d), the State Department of Conservation shall be given 30 days to review and comment on the reclamation plan and 45 days to review and comment on the financial assurances. The Planning Commission shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the Planning Commission's approval. In particular, when the Planning Commission's position is at variance with the recommendations and objections raised in the state's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the Planning Commission shall be promptly forwarded to the operator/applicant.

c.

Once comments are received by the Department of Conservation, and within 30 days of receipt of such comments, the Planning Commission shall then take action to approve, conditionally approve, or deny the resource extraction permit and/or reclamation plan, and to approve the financial assurances pursuant to Public Resources Code § 2770(d).

d.

The decisions of the Planning Commission shall become final unless appealed to the City Council within the time period indicated in Article II, Division 5 of the Fontana Municipal Code.

e.

The Planning Division shall forward a copy of each approved Resource extraction permit and/or approved reclamation plan, and a copy of the approved financial assurance to the State Department of Conservation. By July 1[st ] of each year, the Planning Division shall submit to the State Department of Conservation for each active or idle mining operation a copy of any resource extraction permit or reclamation plan amendments, as applicable, or a statement that there have been no changes or amendments during the previous year.

(Ord. No. 1906, § 72, 10-25-22)

Sec. 30-942. - Required findings for permit and plan approvals.

(a)

Resource extraction permit approvals. Resource extraction permit approvals for surface mining operations may be approved by the Planning Commission, or the City Council on appeal, subject to the following findings:

(1)

The proposed mining operations are consistent with the general plan and the applicable land use zone;

(2)

The site for the intended mining operations is adequate in size, shape, topography, accessibility, and other physical characteristics to accommodate the mining operations and all required provisions of this chapter including yards, setbacks, walls or fences, landscaping and other applicable regulations of this article herein;

(3)

Adequate streets and highways exist to carry the type and quantity of traffic anticipated by the proposed mining operations and that adequate access to utilities and other services exist;

(4)

The proposed mining operation at the specific location will be compatible with surrounding properties and that there will be no adverse effect to surrounding properties or their permitted uses;

(5)

The proposed mining operations will be organized, designed, constructed, operated, and maintained so as to be compatible with the character of the area as intended by the general plan;

(6)

Any adverse effects upon the surrounding properties are justified by the benefits conferred by the mining operations and those potential adverse effects to the health, safety, and general welfare shall be required to be mitigated in order to minimize such effects. The design and operation requirements contained in Division 3 of this article, herein, shall be considered when reviewing the effects upon surrounding properties;

(7)

The plans and reports submitted incorporate adequate mitigation measures to mitigate probable significant adverse environmental effects of the proposed operation;

(8)

The plans and reports submitted are sufficiently detailed to adequately describe the proposed operation;

(9)

The plan as proposed or amended incorporates adequate mitigation measures to restore the site, excluding abandoned pits and previously mined areas, in a diligent manner to a natural-appearing or otherwise usable condition compatible with adjacent areas; and

(10)

The plans comply with the provisions of SMARA and all state regulations.

(b)

Resource reclamation plans. Resource reclamation plans may be approved by the Planning Commission or City Council on appeal, subject to the following findings:

(1)

The reclamation plan complies with state law as set forth in Public Resources Code § 2772 and § 2773, and any other applicable provisions;

(2)

The reclamation plan complies with applicable requirements of the state regulations contained in the California Code of Regulations §§ 3500—3505, and §§ 3700—3713.

(3)

The resource reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this article as well as the City's general plan and any applicable resource plan or element.

(4)

The resource reclamation plan has been reviewed pursuant to CEQA and the City's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible.

(5)

The land and/or resources to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbances to natural resource values.

(6)

The reclamation plan will restore the mined lands to a usable condition readily adaptable for alternative land uses that are consistent with the general plan and applicable resource plans.

(7)

A written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that department. Where the City's position is at variance with the recommendations and objections raised by the State Department of Conservation, said response addresses, in detail, why specific comments and suggestions were not accepted.