Article XV — NO NET LOSS PROGRAM

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.

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.

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)

(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)

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)

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)

(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)

(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)

ZONING AND DEVELOPMENT ORDINANCE DISPOSITION TABLE

This table lists ordinances that amended the Zoning and Development Code prior to the 2020 Republication.

ZONING AND DEVELOPMENT COMPARATIVE TABLE

This table lists ordinances that amend the Zoning and Development Code as of the 2020 Republication.

STATE LAW REFERENCE TABLE

This table shows the location within this Zoning and Development Code, either in the text or notes following the text, of references to California State law.

Building Code Section this Section Zoning and Development Code

310 30-467

Business and Professions Code Section this Section Zoning and Development Code

Div. 10 30-6, 30-7

5200 30-746

5412.5 30-778

13470 30-747

13530 30-747

Code of Civil Procedure Section this Section Zoning and Development Code

1033.5 30-10

Education Code Section this Section Zoning and Development Code

29002 30-12

66025.9 30-338

Government Code Section this Section Zoning and

Health and Safety Code Section this Section Zoning and

Labor Code Section this Section Zoning and Development Code

6404.5 30-492

Public Resources Code Section this Section Zoning and Development Code

2207 30-931

— 30-933

2710 et seq. 30-931

— 30-933

2772—2773 30-939

— 30-942, 30-943

2774(d) 30-941

2774.1 30-953

2774.2 30-953

14500 et seq. 30-243

21100 30-12

21000 et seq. 30-941

21155 30-467

Revenue & Taxation Code Section this Section Zoning and Development Code

214(g) 30-302.1

— 30-321.1

— 30-434.1

214.15 30-302.1

— 30-321.1

— 30-434.1

402.1(a)(11)(C)(ii) 30-302.1

— 30-321.1

— 30-434.1

Vehicle Code Section this Section Zoning and Development Code

260 30-684