Fontana Municipal Code Div. 11 Entertainment Center Overlay

Sec. 30-663.4. - Applicability.¶

The entertainment center overlay district shall apply to all properties within the boundaries as depicted in the maps under Section 30-663.6 of this division. The regulations established in this overlay district amend certain provisions of this Zoning and Development Code, as expressly set forth within this division. Compliance with the Zoning and Development Code and the West End Specific Plan is required. Where inconsistencies arise between the Zoning and Development Code and the West End Specific Plan, the regulations of this overlay district shall govern.

(Ord. No. 1969, § 4(Exh. A), 5-27-25)

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Sec. 30-663.5. - Purpose and intent.¶

(a) The entertainment center overlay district is intended to create entertainment destinations that attracts both residents and tourists, thereby enchanting the City's economic vitality and cultural appeal. Targeting these planning areas for commercial/entertainment development along with public art generates visits, foot traffic, economic activity and contribute to placemaking.

(b) The standards and requirements are intended to provide direction to developers within the overlay district to encourage themed entertainment areas to create a sense of place where patrons visit and gather. The requirement of this overlay establishes uses that are conducive to commercial/entertainment along with City of Fontana/Route 66 branding while maintaining flexibility for individual expression and imaginative design solutions.

(Ord. No. 1969, § 4(Exh. A), 5-27-25)

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Sec. 30-663.6. - Entertainment center overlay district boundary.¶

The maps entitled planning areas 1 through 3 are adopted as a part of this overlay district (Figures 1—3) and defines the boundaries of the three planning areas.

Figure 1: Planning Area 1 Valley Boulevard & Sierra Avenue

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Figure 2: Planning Area 2 Foothill Boulevard & Sierra Avenue

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Figure 3: Planning Area 3 Foothill Boulevard & Cherry Avenue

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(Ord. No. 1969, § 4(Exh. A), 5-27-25)

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Sec. 30-663.7. - Permitted uses.¶

(a) Uses marked with an asterisk "*" indicate that the use is not permitted on the ground floor for building(s) that are developed with two or more floors.

(b) Planning area 1 Valley Boulevard and Sierra Avenue areas.

(1) Principal permitted uses.

a. Administrative and professional offices.*

b. Alcohol beverage sales.

On-site sales (with sit down restaurant—Bona fide public eating place).

c. Antiques retail sales (excludes pawn shop and subleases).

d. Art gallery.

e. Bakery (with primary retail sales).

f. Cannabis (see Chapter 33).

g. Cigar sales only (excludes smoke shops).

h. Florist.

i. Food hall/food court.

j. Hotels.

k. Jewelry sales and repair (excludes pawn shops).

l. Medical services:

Acupuncture.*
Counseling or psychology.*
Dermatology.*
Hearing aids.*
Homeopathy.*
Medical or dental* (excludes acute care, surgery centers, urgent care, and hospitals).
Optometry sales.*
Physical therapy.*
Sports therapy.*

m. Multi-family/mixed use development* (only allowed if permitted by underlying zone).

n. Museums and galleries.

o. Personal services:

Barber or hair salon.*
Body art (tattooing, body piercing, and/or permanent cosmetics).*
Day spa.
Med spa.*
Nail salon.*
Skin care.*

p. Pet sales and supplies (without outdoor storage).

q. Recreation and entertainment.

Batting cages.
Bowling.
Billiards and pool halls.
Commercial recreation (i.e. tennis, go-kart, miniature golf).
Escape rooms.
Game rooms and amusement arcades.
Health and fitness clubs.
Hobby supply stores.
Roller hockey facilities.
Skating.

r. Restaurant without drive thru facilities (including cafes, ice cream shop, confectionary/dessert shop, and similar).

s. Retail sales/general merchandise.

t. Sporting goods and equipment (excludes gun sales).

u. Studio:

Art.
Cooking classes.
Dance classes.
Martial arts.
Music school.
Recording/film.*
Pilates, yoga, barre.

v. Theatres (live stage and movie) and concert halls.

w. Other similar uses which the Director of Planning finds compatible with the permitted uses described herein, consistent with the purpose and intent of the planning area and not a of a type to affect adversely the use of adjoining properties. Application for determination of similar uses shall be submitted to the Planning Department for review and consideration.

(2) Minor use permit uses.

a. Alcohol beverage sales.

On-site sales: Bar, lounge, or nightclub (with or without entertainment).
Off-site sales (no tasting room) no convenience store.
On- or off-site sales (with tasting room) no convenience store.
Micro-brewery with tasting room.
Micro-winery with tasting room.
Micro-distillery (spirits) with tasting room.

b. Café (cyber, animal, gaming).

(3) Conditionally permitted uses.

a. Cigar lounge/hookah lounge/smoking room.

b. Massage/acupressure.*

c. Nightclub.

d. Public assembly/auditoriums/meeting halls/religious facilities.

(1) Principal permitted uses.

a. Administrative and professional offices.

b. Alcohol beverage sales.

On-site sales (with sit down restaurant—Bona fide public eating place).

c. Antiques retail sales (excludes pawn shop and subleases).

d. Art gallery.

e. Bakery (with primary retail sales).

f. Cannabis (see Chapter 33).

g. Cigar sales only (excludes smoke shops).

h. Florist.

i. Food halls/food court.

j. Hotels.

k. Jewelry sales and repair (excludes pawn shops).

l. Medical services:

Acupuncture.
Counseling or psychology.
Dermatology.
Hearing aids.
Homeopathy.
Medical or dental (excludes acute care, surgery centers, urgent care, and hospitals).
Optometry sales.
Physical therapy.
Sports therapy.

m. Multi-family/mixed use development* (only allowed if permitted by underlying zone).

n. Museums and galleries.

o. Personal services:

Barber or hair salon.
Body art (tattooing, body piercing, and/or permanent cosmetics).*
Day spa.
Med spa.
Nail salon.
Skin care.

p. Pet sales and supplies (without outdoor storage).

q. Recreation and entertainment.

Batting cage.
Bowling.
Billiards and pool halls.
Commercial recreation (i.e. tennis, go-kart, miniature golf).
Escape rooms.
Game rooms and amusement arcades.
Health and fitness clubs.
Hobby supply stores.
Roller hockey facilities.
Skating.

r. Restaurant without drive thru facilities (including cafes, ice cream shop, confectionary/dessert shop, and similar).

s. Retail sales/general merchandise.

t. Sporting goods and equipment (excludes gun sales).

u. Studio:

Art.
Cooking classes.
Dance classes.
Martial arts.
Music school.
Recording/film.
Pilates, yoga, barre.

v. Theatres (live stage and movie) and concert halls.

(2) Minor use permit uses.

a. Alcohol beverage sales.

On-site sales: Bar, lounge, or nightclub (with or without entertainment).
Off-site sales (no tasting room) no convenience store.
On- or off-site sales (with tasting room) no convenience store.
Micro-brewery with tasting room.
Micro-winery with tasting room.
Micro-distillery (spirits) with tasting room.

b. Café (cyber, animal, gaming).

(3) Conditionally permitted uses.

a. Cigar lounge/hookah lounge/smoking room.

b. Massage/acupressure.

c. Nightclub.

d. Public assembly/auditoriums/meeting halls/religious facilities.

(d) Planning area 3—Foothill Boulevard and Cherry Avenue.

(1) Principal permitted uses.

a. Administrative and professional offices.

b. Alcohol beverage sales.

On-site sales (with sit down restaurant—Bona fide public eating place).

c. Antiques retail sales (excludes pawn shop and subleases).

d. Art gallery.

e. Bakery (with primary retail sales).

f. Cannabis (see Chapter 33).

g. Cigar sales only (excludes smoke shops).

h. Florist.

i. Food hall/food court.

j. Hotels.

k. Jewelry sales and repair (excludes pawn shops).

l. Medical services:

Acupuncture.
Counseling or psychology.
Dermatology.
Hearing aids.
Homeopathy.
Medical or dental (excludes acute care, surgery centers, urgent care, and hospitals).
Optometry sales.
Physical therapy.
Sports therapy.

m. Multi-family/mixed use development* (only permitted if allowed by underlying zone).

n. Museums and galleries.

o. Personal services:

Barber or hair salon.
Body art (tattooing, body piercing, and/or permanent cosmetics).
Med spa.
Nail salon.
Skin care.
Day spa.

p. Pet sales and supplies (without outdoor storage).

q. Recreation and entertainment.

Bowling.
Batting cages.
Billiards and pool halls.
Commercial recreation (i.e. tennis, go-kart, miniature golf).
Escape rooms.
Game rooms and amusement arcades.
Health and fitness clubs.
Hobby supply stores.
Other indoor or outdoor amusement (i.e., go-kart, miniature golf).
Roller hockey facilities.
Skating.

r. Restaurant without drive thru facilities (including cafes, ice cream shop, confectionary/dessert shop, and similar).

s. Retail sales/general merchandise.

t. Sporting goods and equipment (excludes gun sales).

u. Studio.

Art.
Cooking classes.
Dance classes.
Martial arts.
Music school.
Recording/film.
Pilates, yoga, barre.

v. Theatres (live stage and movie) and concert halls.

(2) Minor use permit uses.

a. Alcohol beverage sales.

On-site sales: Bar, lounge, or nightclub (with or without entertainment).
Off-site sales (no tasting room) no convenience store.
On- or off-site sales (with tasting room) no convenience store.
Micro-brewery with tasting room.
Micro-winery with tasting room.
Micro-distillery (spirits) with tasting room.

b. Café (cyber, animal, gaming).

(3) Conditionally permitted uses.

a. Cigar lounge/hookah lounge/smoking room.

b. Restaurant drive-thru food establishment.

c. Massage/acupressure.

d. Nightclub.

e. Public assembly/auditoriums/meeting halls/religious facilities.

(Ord. No. 1969, § 4(Exh. A), 5-27-25)

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Sec. 30-663.8. - Public art purpose and intent.¶

(a) Purpose and intent. Public art are key factors and an important aspect of creating and contributing to a sense of place and themed areas. The purposed and intent of public art is:

(1) To promote an identity/sense of place for each planning area in the entertainment center overlay district;

(2) To preserve and enhance the appearance of Fontana [as] a place to live and recreate and as an attraction to visitors who come to visit, shop, eat, or recreate; and

(3) To set forth a coordinated theme for the overlay districts by requiring an administrative site plan review.

(Ord. No. 1969, § 4(Exh. A), 5-27-25)

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Sec. 30-663.9. - Public art.¶

(a) Public art definition. Artwork intended for public display and accessible to the general public prepared by an artist. Decorative or functional elements which are designed by the building architect as opposed to an artist are not considered art. Artwork includes but is not limited to a painting, mural, inscription, stained glass, fiber work, statue, relief or sculpture, monument, fountain, arch, or other structures intended for ornament or commemoration. Also included in this definition is any installation that is technological in nature or includes carvings, murals, mosaics, mobiles, photographs, drawings, collages, prints, crafts, both decorative and can include clay, fiber, wood, metal, glass plastics, and other materials. Works of art shall be permanent.

(b) Applicability. All development projects located within entertainment center overlay district that is subject to a design review is required to provide public art or pay a public art fee.

(c) Application submittal requirements. An administrative site plan, minor application is required for the installation of public art. The administrative site plan, minor application for the public art shall be submitted in conjunction with the planning entitlements to develop the site and completion of the public art shall be completed prior to certificate of occupancy. As a part of the applications the following items shall be submitted:

(1) Landscape and/or site plans indicating the location and orientation of the on-site artwork that integrates the artwork into the overall project design;

(2) A sample, model, photograph or drawings of the proposed on-site artwork;

(3) Material samples and finishes if appropriate;

(4) The artist's resume and portfolio of past work, which demonstrates competency with the materials and forms proposed for the on-site artwork proposal;

(5) A written statement by the artist describing the on-site artwork, as well as a discussion of the manner in which the proposed on-site artwork meets the findings established by Section 30-663.9(f);

(6) A maintenance plan for the maintenance of the on-site artwork; and

(7) Any such additional information or material as may be required by the Planning Director.

(d) Requirements for public art.

(1) Planning area 1—Valley Boulevard and Sierra Avenue areas. artwork in planning area 1 is required to contributes to Fontana historical agricultural or steel mill (Henry J. Kaiser's) themes.

(2) Planning area 2—Foothill Boulevard and Sierra Avenue and Planning area 3—Foothill Boulevard and Cherry Avenue. Artwork in planning areas 2 and 3 shall incorporate a Route 66 theme.

(3) Public art can incorporate elements that also serve a specific function (such as fencing, railing, lighting, or gates) but in order to be considered public art, they must be designed by a professional visual artist and custom fabricated for the site and visible from public views.

(4) Materials, structural and surface components that are inherently resistant to theft, vandalism, weathering, and excessive maintenance or repair costs shall be utilized.

(5) Location. Public art must be located in areas clearly visible from the public street or sidewalk, in publicly accessible outdoor areas, or public accessible lobby areas.

(e) Disqualifying characteristics for public art:

(1) Directional elements such as super graphics or signage are not allowed except where these elements are: integral parts of the original artwork, executed by the artist in unique or limited editions, contribute to a Route 66/Fontana theme as required in the planning areas as required in Section 30-663.9(e)a and b.

(2) Artwork that incorporates the tenant/business logos, branding, images, text or other elements that relate directly to a specific business's or organization's branding or marketing themes is not permitted.

(3) Art objects which are mass-produced and of standard design such as playground equipment, trellises, or fountain pieces are not permitted.

(4) Decorative or functional elements which are designed by the building architect as opposed to an artist are not permitted.

(5) Landscape design except where it is designed by an artist and is integral part of the artwork are not permitted.

(6) Temporary art exhibitions are not permitted.

(f) Findings of approval for administrative site plan, minor.

(1) The artist has demonstrated qualifications to complete the proposed on-site artwork with the highest professional standards.

(2) The artwork contributes to the themes and meetings the requirements of Section 30-663.9(d).

(3) There is sufficient public visibility and accessibility to the on-site artwork, and the proposed on-site artwork is compatible with and harmonious with the development project and surrounding environment.

(4) The proposed on-site artwork is durable and cost effective to maintain using ordinary methods of maintenance.

(5) The budget for the proposed on-site artwork and any in-lieu fees proposed by the applicant is equivalent to or exceeds the required program allocation.

(g) All property owners are responsible for maintaining the artwork in clean, undamaged condition for the lifetime of the artwork.

(h) Public art example.

(1) Figure 1.

[Figure]

(Ord. No. 1969, § 4(Exh. A), 5-27-25)

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