The commercial zoning districts are established to create, preserve, and enhance areas for a variety of commercial and, in some areas, mixed-used activities. The intent of this article is to assure the compatible and mutually beneficial interaction of commercial uses with other uses, residential consumers, industrial suppliers, and the transportation system that ties all of the uses together. Consistent with general plan land use policy, this article establishes design guidelines and development standards intended to:

(1)

Provide flexibility in overall project design;

(2)

Encourage superior architectural development, landscape and other design treatment in all types of commercial and mixed-use structures;

(3)

Prevent conflicts between commercial uses and other land uses;

(4)

Promote commercial and/or mixed-use development and discourage strip commercial development; and

(5)

Promote the superior quality architectural and site development standards as stated within the City's adopted design guidelines.

This article contains subsequent sections that describe permitted land uses in commercial and mixed-use zoning districts and the development standards and design guidelines applicable to these uses. All uses must comply with the development policies, use regulations, development standards, performance standards, and design guidelines established by this article.

The development standards contained in this article serve only as minimum standards on a lot. All permitted uses must also adhere to the provisions of the other sections.

Three base commercial and mixed-use zoning districts are established as follows:

(1)

Community commercial (C-1). A zoning district that accommodates retail development that serves the need of City residents, offices and businesses providing administrative and professional services, and medical offices and clinics.

(2)

General commercial (C-2). A zoning district that accommodates a wider range of commercial activities than the C-1 Zone, including retail and wholesale activities, automobile-related sales and services, offices and businesses providing administrative and professional services, and medical offices and clinics.

(3)

Regional mixed use (RMU). A zoning district that accommodates a wide range of retail commercial, office, medium density residential, civic, open space and job-rich light manufacturing uses without adverse impacts on surrounding uses. The RMU land use category has a residential density of 12 to 24 du/acre and a commercial intensity of 0.1 to 1.0 floor area ratio (FAR) and is intended to create vibrant activity centers with compatible activities using both vertical and horizontal mixed-use projects. RMU mixed-use projects shall be guided by an area plan.

This section establishes general development policies for all commercial and mixed-use development. These policies are derived from the general plan and serve three primary purposes: to assure commercial and mixed-use development is consistent with all elements of the general plan and other adopted plans, to assure development is adequately served by public services and facilities, and to assure public health and safety concerns are addressed in the development process.

The policies are to be used in conjunction with the commercial and mixed-use development standards specified in Division 4 and the design guidelines outlined in Division 7. No project may be approved unless it conforms to the requirements of this section.

All projects must be consistent with the following plans:

(1)

All elements of the general plan;

(2)

The San Bernardino County Hazardous Waste Management Plan; and

(3)

Applicable specific plans.

The site and design of a project shall recognize that conflicts between abutting or nearby land uses can arise due to such factors as the operating characteristics of an existing use, hazards posed by a use, or the physical orientation of a building. On a City-wide scale, the general plan land use policy map establishes a pattern of land use designed to minimize land use conflicts. At the project level, the following features should be incorporated into a project as appropriate to assure the compatibility of different land uses.

(1)

Open space buffer. Landscaped parkways and similar open space features will be used as appropriate to separate commercial and mixed uses from potentially incompatible uses. The width and treatment of the open space buffer will vary depending upon the types of potential land use conflicts to be resolved. To soften visual impacts, the open space buffer should include landscaping.

(2)

Topography. Grading plans will incorporate natural earth forms and graded earthen berms as appropriate to create visual screens and to buffer noise.

(3)

Streets. Street design and site access will be configured to prevent through commercial traffic from using adjacent residential streets. Features such as medians which restrict turning movements can discourage such through traffic.

(4)

Landscaping. Landscaping shall be used alone or in conjunction with other features (e.g. open space buffer, topography) to reduce potential visual, light and glare conflicts.

(5)

Physical barriers. Physical barriers such as masonry walls shall be provided as specified in these regulations to reduce noise, visual, light and glare impacts. These barriers may also be used to restrict unwanted access between abutting land uses.

(6)

Building orientation. All buildings shall be located and oriented to reduce noise, light and glare, visual, and other conflicts. For example, loading areas should be located in areas where noise from such operations will not adversely impact adjacent residential uses.

(7)

Infill development. Infill development in established commercial areas shall be especially sensitive to compatibility concerns and shall be developed in a manner sensitive to existing uses in terms of scale, design theme, etc.

(a)

Streets. All new development and expansion of existing development shall provide public street and/or private street improvements consistent with the circulation element of the general plan. Additional improvements and dedications shall be provided as determined through the design review process.

(b)

Water and sewer. All applicants must verify that adequate water and sewer facilities are or will be available to serve the planned use. Commercial and mixed-use project proponents are encouraged to incorporate recycling systems and decorative fountains or water elements for gray-water reuse into building and site design in order to provide for more efficient water use.

(c)

Storm drains and basins. All applicants shall provide storm drain and other flood control and drainage facilities consistent with the San Bernardino County Flood Control District's comprehensive drainage plan and City of Fontana Master Plan for Drainage. All facilities shall comply with the National Pollutant Discharge Elimination System (NPDES). All improvements shall be performed in accordance with the provisions of Chapters 12 and 26 of the Municipal Code.

(d)

Logical extension of facilities. Development shall be phased in accordance with the logical, incremental extension of necessary infrastructure of streets and utilities.

(e)

Developer impact fees. One-time public improvement costs related to extension or expansion of infrastructure necessary to serve a particular development will be the responsibility of the project developer.

(f)

Impact fee amounts. Where developer impact fees have been adopted, the developer/applicant shall pay the fees according to appropriate rates and schedules.

(g)

Mitigation charges. Where mitigation charges are determined, a fair share amount shall be assessed by means of a special study or analysis prepared and/or reviewed by appropriate City staff.

(a)

Public transportation. New development shall provide public transit facilities such as bus stops, bus shelters or transit turnouts where appropriate as determined through consultation with the appropriate transit authority. Where a new development will impact an adjacent, off-site transportation facility such as a bus stop, ride share parking lot, or multi-modal transportation facility, the project proponent shall contribute a fair share of the funds necessary to construct and/or maintain the facility.

(b)

Developer impact fees. One-time public improvement costs related to the expansion of public facilities or services necessary to serve a development shall be the responsibility of the developer.

(a)

Energy resources. New projects shall be encouraged to incorporate passive and active solar systems into site and building design.

(b)

Topography. Significant topographic features shall be preserved. No grading or development shall be permitted on hilltops. Views to the San Gabriel, San Bernardino and San Jacinto Mountains, and Jurupa Hills shall be protected.

(a)

Emergency access. Access for emergency vehicles shall be incorporated into project design.

(b)

Fire hazards. Projects constructed within or adjacent to areas identified in the general plan safety element as "fire prone areas" shall incorporate fire breaks into site design. Fire management plans will also be required in fire prone areas.

(c)

Geologic hazards.

(1)

Geologic reports shall be required for development on properties lying within an Alquist-Priolo Special Studies Zone. The development must incorporate site and design features recommended in the geologic study.

(2)

In the San Gabriel Mountains and Jurupa Hills, no grading shall be permitted on hill slopes in excess of 15 percent. On all other slopes in excess of 15 percent, no grading shall be permitted unless detailed geologic studies are prepared to show that hill slopes can be stabilized.

(d)

Corner cut-off. The provisions regarding unobstructed visibility shall be required to follow the engineering standards for sight triangle requirements, and shall be in compliance with all applicable standards of this chapter to ensure a clear sight triangle.

(Ord. No. 1865, § 8(Att. 2), 3-23-21)

(a)

Uses by zoning district. Table No. 30-489, lists the uses permitted in each of the commercial and mixed-use zoning districts. A "P" indicates a use is permitted by right subject to design review by the Planning Commission, administrative site plan review by the Director of Planning, or regulatory permit issued by the City, an "M" indicates the use requires the granting of a minor use permit approved by the Director of Planning, a "C" indicates the use requires the granting of a conditional use permit approved by the Planning Commission, and "—" means the use is not permitted in that zoning district.

(b)

Uses subject to specific requirements. Permitted uses marked with an asterisk "*" indicate that the use is subject to special use regulations in Chapter 33, Section 30-491 and Chapter 15 of the Municipal Code. Conditional uses are subject to the provisions in Section 30-492.

(c)

Uses marked with a superscript ^** indicate that the requirement pertains to parcels with frontage along Foothill Boulevard between Ilex Street to Maple Avenue.

Table No. 30-489
Allowed Uses within Commercial Zoning Districts

(Ord. No. 1898, § 9, 7-26-22; Ord. No. 1899, § 8(Exh. A), 7-26-22; Ord. No. 1906, § 75, 10-25-22; Ord. No. 1969, § 4(Exh. A), 5-27-25)

Any use not specifically permitted by Table No. 30-489, shall be prohibited, unless the Director of Community Development finds the use to be similar to or have the same operating characteristics of a permitted use, pursuant to the provisions of Article II, Division 16.

This section establishes special regulations for certain permitted uses marked with an asterisk (*) in Table No. 30-489. The specified use is permitted provided that the use conforms to the following regulations:

(1)

Construction trailers. Trailers used for construction offices or watchman's quarters are permitted at a construction site with the approval of a temporary use permit as required in Article II provided:

a.

Trailers are located on the same or adjacent premises as the construction site.

b.

Trailers are used only during the period of construction. All trailers shall be removed prior to final project inspection.

c.

Not more than one person per shift resides in the trailer if used for watchman's quarters.

d.

Shall comply with provision set forth for temporary uses as defined in Article II.

(2)

Restaurant, drive-thru.

a.

A drive-through restaurant applicant shall provide a queuing study and plan for the business's grand opening and other high volume periods.

b.

A queuing study, provided by the applicant's engineer, confirming that the site can accommodate the morning or afternoon peak hour queuing for normal business operations shall be provided. The drive-thru design shall not provide for less than 12 vehicles queuing. Eighteen feet shall be allocated for each queued vehicle.

c.

The required queue area on site shall be measured from the forwardmost drive-up window to the entrance of the stacking space. The stacking space shall be located completely clear of any adjacent public right-of-way and all circulation aisles provided on site.

d.

The required queue area on site shall accommodate the morning or afternoon peak hour queue length for the facility. The peak queue length shall hold 25 percent of all vehicles arriving during the morning or afternoon peak hour, whichever time provides the highest stream of traffic. The peak queue length shall be calculated using a queuing study, provided by the applicant's engineer, based on the anticipated peak hour traffic counts from three similar sized restaurants, with similar operational profiles located within two miles of the project site.

e.

The drive-thru lane and associated parking area(s) visible from a public street shall be screened from view by a landscape berm. If berming is physically impossible, a decorative wall with caps and pilasters shall be provided or a decorative wall with caps, pilasters, and trellis work shall be provided. Additionally, a three-foot landscape hedge at the time of planting shall be provided in front of the wall for either scenario.

f.

A drive-thru lane located adjacent to a parcel zoned for residential use is not permitted.

g.

A line of sight from the public right-of-way shall be provided for a project that includes a drive-thru lane to demonstrate the screening devices used to screen the drive-thru lane and associated parking area(s).

h.

The menu board shall be enhanced, landscaped, and located at a minimum distance of 40 feet from the menu board to the entrance to the stacking space.

i.

Exterior doors on any children's play area shall be for emergency exit only.

j.

Indoor or outdoor dining/seating is required. The proposed number of indoor or outdoor seats must be approved by the Director of Planning. Outdoor seating areas shall be designed to be consistent with the architectural style of the drive-thru restaurant, shall be located near the main pedestrian entrance and shall include tables with seating, a trash receptacle, a low fencing enclosure, and a protective structure over the entire area.

k.

The outdoor dining area may include a plaza, arcade, colonnades, or courtyard design.

l.

All new drive-thru restaurants shall have a solid decorative porte cochere above the drive-thru window(s). Existing drive-thru restaurants may construct a porte cochere when sufficient space allows. The porte-cochere may encroach into the required setback and right-of-way up to a maximum of two feet.

m.

Building entrances shall be oriented toward the street with drive-thru lanes, pick-up window, and off-street parking facilities oriented towards the rear or side yard areas to the extent feasible. Pick-up windows shall be located near the outdoor dining area to encourage walkability.

n.

Architectural treatment shall include a variety of roof lines and wall projections on all elevations of the building. The architecture of the drive-through restaurant shall be compatible with the surrounding uses in form, materials, colors, scale, design, etc.

o.

Should operations impact public rights-of-way or obstruct parking or circulation areas for the drive-through or for other tenants within the same property, the City may, upon notification to the owner, require that the business owner submit a plan of corrective action(s) to be taken or immediate curtailment of business operations.

(3)

Restaurant, other. Outdoor dining/seating is permitted provided the parking standards of Article XI Division 2 are met.

(4)

Equipment rental.

a.

No heavy contractor's equipment or concrete mixers over one sack capacity shall be stored on the site or rented.

b.

The business shall comply with the provisions for outdoor display outlined in this section herein.

(5)

Garden supply. The business shall comply with the provisions for outdoor display outlined in this section herein.

(6)

Hardware. The business shall comply with the provisions for outdoor display outlined in this section herein.

(7)

Outdoor display of materials or goods for sale or rent, equipment, garden supply, or building materials.

a.

A building shall be provided on the same parcel or on an adjacent parcel associated with the same business.

b.

All display materials, including vehicles, shall be set back five feet from any landscaped area and shall not be located on required parking areas.

c.

The entire area used for display purposes shall be surfaced with asphalt or an equally serviceable hard pavement surface. The surface shall be maintained in good condition.

d.

Display of equipment or materials, shall be screened by a solid masonry wall of minimum height six-foot. The Planning Commission may determine through the design review process that the subject use requires a solid masonry wall higher than six-foot.

e.

Outdoor display areas shall be maintained in a neat and orderly condition.

(8)

Nursery, plant. The business shall comply with the provisions for outdoor display outlined in this section herein; however, the requirement for a block wall for screening purposes may be waived by the Director of Community Development provided only the following items are on display: plants, water fountains, and statuaries.

(9)

Trailer and mobile home sales and rental. Trailers and mobile homes parked in sales or rental yards may be used for purposes incidental to their sale or rental, including office and showroom facilities, and may include display or retail sales of trailer equipment, hardware or accessories.

(10)

Warehousing sales, retail and/or wholesale. All activities shall occur within a completely enclosed building, and/or fenced or screened in areas.

(11)

Metal storage containers. Metal storage containers may be allowed for temporary storage subject to Division 19 and approval of a temporary use permit application by the Director of Community Development or his/her designee.

(12)

Vehicle repair, service, customizing and supply. Automobile/vehicle repair or service shall not be permitted outside an enclosed building.

(13)

Tattoo establishments. Tattoo establishments shall comply with the following provisions:

a.

No person less than 18 years of age shall be tattooed without parental consent. The operator shall obtain proof of age before the tattoo procedure is done.

b.

Hours of operation shall be Monday through Thursday 12:00 noon to 10:00 p.m. and Friday through Sunday 12:00 noon to 12:00 midnight.

c.

It shall be unlawful for any person to tattoo another person except at a tattoo establishment that has a current tattoo establishment permit issued by the City.

d.

Any person desiring a tattoo establishment permit shall make written application for a permit on forms provided by the Business License Administrator. The application shall include the applicant's full name, address, telephone number, location of the proposed tattoo establishment and such other information as the Administrator requires enforcing the provisions of this division.

e.

An annual inspection fee, an amount to be established by the City Council, shall be collected by the Business License Administrator at the time the permit is issued.

f.

A permit for a tattoo establishment may be granted at any time during the year, but all such permits shall expire on the 31 ^st day of the next succeeding December. Tattoo establishment permits shall not be transferable.

g.

The tattoo establishment permit and all regulations of the City shall be posted at all times in a conspicuous place in the tattoo establishment.

h.

Tattoo establishment permits may be suspended by the Director of Community Development for failure of the holder to comply with the requirements of this article. Whenever the City finds unsanitary or other conditions in the operation of a tattoo establishment that, in its judgment, constitutes a substantial hazard to the public health, the City may issue a written notice to the permit holder citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken. If deemed a substantial hazard to the public health, such order shall state that the permit is immediately suspended and all tattoo operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately, but upon written petition to the City, shall be afforded a hearing within five days.

i.

Any person whose permit has been suspended may, at any time, make application for a re-inspection for the purpose of reinstatement of the permit. Within five business days following the receipt of a written request, the health authority shall make a re-inspection. If the applicant is complying with the requirements of this article, the permit shall be reinstated.

j.

For serious or repeated violations of any of the requirements of this article, or for interference with the City in the performance of its duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the City. Prior to such action, the City shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of ten days following service of such notice, unless a request for a hearing is filed by the City, by the permit holder, within such ten-day period. A permit may be suspended for cause pending its revocation or a hearing on the revocation. Appeal from the action of the City may be made to the City Council.

k.

Tattoo establishments shall comply with all County Environmental Health Services requirements.

l.

Tattoo designs displaying profanity or nudity shall not be displayed in open viewing where minors are present or may otherwise view the display.

m.

Tattoo establishments shall not provide service to patrons who appear to be intoxicated.

n.

The location of a tattoo establishment shall be a minimum of 600 feet away from an existing or proposed school.

(14)

Animals, keeping and raising. Cats, dogs, and generally accepted household pets as described in the first three categories under "types of animals" as shown in Table No. 30-432.A are allowed in residential units.

(15)

Home occupations. Home occupation uses are permitted in residential units within mixed-use projects provided a valid home occupation permit has been obtained pursuant to Article II, Division 12 of this chapter.

(16)

Cleaners and laundries. Cleaners and laundries are limited to receiving and cleaning personal items, belonging to individuals, which are dropped off by customers. They do not include the cleaning of items dropped off at another location or the bulk cleaning of goods for commercial establishments.

(17)

Masseur or masseuse and day spa. Masseur or masseuse and day spa services and facilities shall comply with the provisions of Article XII of Chapter 15 of the Municipal Code.

(18)

Adult businesses. Adult businesses shall comply with the provisions of Article XVIII of Chapter 15 of the Municipal Code.

(19)

Bus depot. Bus depot sites shall provide the following:

a.

A dedicated and identified passenger loading/unloading area with a minimum dimension of 12-feet wide by 45-feet in length and, if applicable, a minimum 14-foot height clearance. The loading/unloading areas shall be located outside of any required drive aisle, parking area, setback area, or any other area designated or dedicated for another purpose.

b.

A permanent covered area for waiting passengers shall be provided and shall include, at minimum, a restroom, seating, and a trash bin.

c.

Amenities such as the sale of sundries and/or convenience items, services, or similar, shall be available to waiting passengers within 1,320 feet (¼ mile) of the bus terminal, as measured from the required passenger waiting area.

(20)

Bus terminal. Bus terminal sites shall provide the following:

a.

A dedicated and identified passenger loading/unloading area with a minimum dimension of 12-feet wide by 45-feet in length and, if applicable, a minimum 14-foot high clearance. The loading/unloading areas shall be located outside of any required drive aisle, parking area, setback area, or any other area designated or dedicated for another purpose.

b.

A permanent covered area for waiting passengers shall be provided and shall include, at minimum, a restroom, seating, and a trash bin.

c.

Amenities such as the sale of sundries and/or convenience items, services, or similar, shall be available to waiting passengers within 1,320 feet (¼ mile) of the bus terminal, as measured from the required passenger waiting area.

d.

All bus/motor carrier repair and washing shall be conducted in a fully enclosed building.

e.

Busses/motor carriers stored on-site for more than 12 hours shall be located in a designated area for that purpose and be screened from view of adjacent public streets or rights-of-way by a decorative wall. Other effective means of screening such as mature landscaping of sufficient height and density may be approved through an administrative site plan application.

(21)

Commercial Cannabis Businesses. Commercial Cannabis Businesses shall comply with the provisions of Chapter 33 "Cannabis Businesses And Activities" of the Fontana Municipal Code.

(Ord. No. 1899, § 9, 7-26-22; Ord. No. 1954, § 4(Exh. A), 7-23-24; Ord. No. 1970, § 4(Exh. A), 6-10-25)

All uses marked with a "C" or "M" in Table No. 30-459, must comply with the conditional use permit or minor use permits procedural requirements outlined in Article II, Divisions 12 and 13 of this chapter. In addition, certain conditional uses must comply with the specific development and operational standards outlined below.

(1)

Automobile fueling stations.

a.

Applicability. The provisions of this section shall apply to all new construction of automobile fueling stations.

b.

Lot area and frontage. Each service station site shall have a minimum net lot area as specified in the zoning district in which the service station will be located.

c.

Existing stations. The provisions contained in paragraph (2) above shall not be applicable to existing stations in the City so long as such stations remain in use as fueling stations.

d.

Lot coverage. Automobile fueling stations shall have maximum allowable lot coverage of 35 percent.

e.

Regulations.

1.

Location. The site shall have direct frontage on a major, primary, or secondary highway.

2.

Driveway Access. One access drive shall be permitted for each street frontage unless additional access drives will enhance the public health, safety, and welfare.

(2)

Repair and service facility. All hydraulic hoists and pits, and all lubrication, greasing, automobile washing and polishing and permitted repair equipment must be enclosed entirely within a building, and all work shall be done within a completely enclosed building. No outdoor storage of inoperative vehicle or vehicles under repair shall be permitted on the site.

a.

Signs. See Chapter 3 of the Municipal Code.

b.

Storage and display. Outside storage and display of new or used merchandise shall not be permitted.

c.

Hours of operation. Hours of operation shall be determined on a case-by-case basis by the Planning Commission.

d.

Restroom requirements. All fuel retailers shall provide restrooms which are continuously maintained for the use of, and at no charge to customers and employees. The restroom entrances shall be screened from view from adjacent properties and public rights-of-way by decorative structural screening as approved by the Community Development Department.

e.

Air/water. Air and water dispensing equipment shall be provided. Such equipment shall be located in an easily accessible location and shall be maintained at all times. Non-operating equipment shall be repaired within five calendar days.

f.

Renovation of existing facilities. Renovation of existing facilities which increases assessed evaluation of the facility by more than 30 percent shall comply with the requirements contained herein. When existing conditions prevent compliance with these requirements, the renovation shall be considered to be in substantial compliance with this division as determined by the Planning Commission.

(3)

Senior housing.

a.

Individuals tenants, residents, or occupants shall be 55 years of age or older.

b.

Couples, who are married to each other, either spouse shall be 55 years of age or older.

c.

Land uses in the immediate and surrounding area, current and projected, must be compatible with the living environment required by senior citizens and must be free of health, safety, or noise problems (i.e., area generally quiet).

d.

Senior complexes with 60 or more units shall provide daily shuttle transportation commercial/medical centers.

e.

Proposed site topography must be fairly level and easily traversed by persons of limited mobility.

f.

Proposed site must demonstrate proximity to commercial establishments, service providers, and other amenities including:

1.

Food shopping;

2.

Drug stores;

3.

Banks;

4.

Medical and dental facilities;

5.

Public transit (main or frequently served routes); and

6.

Open space/recreational facilities.

g.

Development incentives granted by the City to a developer constructing senior housing are predicated upon the long-term availability and affordability of the units for the target population previously defined. In order to ensure that the units remain available and affordable to this group, the developer will be required to enter into a development agreement with the City per California Government Code § 65864 through § 65869.5.

Notes:

* For existing legal lots smaller than this minimum, see Section 30-414 (Lot size conformance).

Notes:

1.

"Front" is defined as that face of the building or unit with a major glass area and/or major private recreation area and may include access to that private recreation area. This access may or may not relate to the primary entrance to the building that faces the public right-of-way or private drive aisle; therefore, some buildings may have more than one "front" under this definition.

2.

"Side" of a building is defined as the area perpendicular to the front. This side may not have much glass, has no private recreation area, and no entry point.

3.

"Rear" of a building is defined as the area farthest from the front. Where a building is identified to have two fronts the building may be considered not to have a rear face.

4.

Where a new building is to be constructed on a corner lot or intersection, a wraparound building design with an angled corner shall be utilized in order to maximize and encourage pedestrian activity.

5.

Balconies, patios (uncovered and covered), patio fences/walls, porches, and similar like structures (as determined by the Director of Community Development) may project into the setback/separation area up to a maximum of six-foot, providing, however, that such structures shall never be separated by less than 15-foot.

6.

Setback from underdeveloped property shall be 25-foot.

7.

Detached assigned and/or required parking stalls, carports and enclosed garages shall be located no more than 150 feet from the dwelling unit they serve, unless otherwise approved by the Director of Community Development.

8.

Where the adjacent zoning district is non-residential, a zero-foot setback for carports and accessory structures for the side or rear setbacks is allowed.

h.

Ancillary services.

1.

Minimum driveway width. For one-story and two-story buildings, a minimum of 26-foot for all access drives is required. For three-story and greater, a minimum of 30-foot for all access drives is required.

2.

Circulation, pedestrian and vehicular parking. Each senior housing development shall be designed with adequate walkways to provide opportuneness to the needs of the residents, guests, and the service providers of public agencies. Pedestrian access to the unifying elements of any development shall be separate from, and free of, conflict with vehicular access ways. All developments consisting of six units or more shall provide directories placed in a convenient location at the development entry.

3.

Water heaters. Each dwelling unit shall have a separate hot water heater or may be provided with a centralized circulation water heating system sufficient to serve all dwelling units on the property.

4.

Storage facilities. Each dwelling shall have an area of a minimum of 125 cubic feet of private and secure storage space.

i.

Normal closet and cupboard space within the dwelling unit shall not count toward meeting this requirement.

ii.

No storage shall be in the carport area.

i.

Dwelling entries.

1.

All units shall be provided with standard door locks and dead bolts.

2.

No dwelling entry shall be located with direct, uninterrupted, unimpeded access to a primary or secondary arterial street.

j.

Recreational facilities.

1.

The developer shall provide recreational facilities in conjunction with common open space as a minimum requirement for all senior housing complexes. The recreational facilities shall be conveniently located throughout the site.

2.

Related recreational activities may be grouped together and located at any one area of the common open space. Where multiple recreational facilities are provided such facilities shall be required to be dispersed throughout the site. Developments consisting of 50 units or fewer shall provide three of the following recreational facilities, could choose from the list below:

i.

Barbecue facility equipped with grill, one picnic area and trellis

ii.

Large open lawn area, minimum dimensions shall be 20-foot by 50-foot

iii.

Spa and/or pool

iv.

Age appropriate court facility

v.

Fitness room

vi.

Community garden

vii.

Walking path through the complex with rest areas, etc.

3.

Development consisting of 50 units to 79 units shall provide four recreational facilities. Provide these two and two others, could choose from the list above.

i.

Barbecue facility equipped with grill, two picnic areas

ii.

Large open lawn area, minimum dimensions shall be 20-foot by 50-foot

4.

Development consisting of 80 units to 200 units shall provide five recreational facilities. Provide these three and two others, could choose from the list above.

i.

Indoor gym/fitness facility (minimum 500 square feet)

ii.

Large open lawn area, minimum dimensions shall be 50-foot by 100-foot

iii.

Barbecue facilities equipped with multiple grills, picnic benches, and shade structures.

5.

Development consisting of 201 units to 400 units shall provide all recreational facilities listed below or equivalent, as approved by the Planning Commission:

i.

Indoor gym/fitness facility (minimum 500 square feet)

ii.

Community garden and open lawn area, minimum dimensions shall be 50-foot by 100-foot

iii.

Barbecue facilities equipped with multiple grills, picnic benches, and shade structures. The barbecue facilities shall be conveniently located throughout the site.

iv.

Court facilities (e.g. tennis, shuffle board, etc.)

v.

Spa and/or pool (min. 25 yards by 15 yards)

vi.

Jogging/walking trails with exercise stations

vii.

Community multi-purpose room equipped with kitchen, defined areas for games, exercises, etc.

(4)

Smoke shop and vape shop.

a.

Regulations.

1.

The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code § 6404.5.

2.

Food for consumption is not permitted on the premises.

3.

No alcoholic beverages shall be sold or consumed on the business premises.

4.

No person under 18 years of age shall be permitted within any area of the business premises where the smoking of tobacco is allowed.

5.

No amusement devices, as said term is defined in Section 30-12 of this Code, shall be permitted anywhere within the business.

b.

Development standards.

1.

There shall be no obstructions within the storefront windows and doors which would hinder visual surveillance of the interior of the tenant space from the outside of the premises during operating hours. Obstructions would include signage, window tint, window coverings, advertisements, etc.

2.

The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons of normal visual acuity.

3.

All required emergency access/exits or fire lanes shall be provided and maintained as required by the Fontana Fire Department.

4.

The business shall also be in conformity with all other city, state, and federal laws.

c.

Distance requirements.

1.

Distance shall be measured from property line to property line.

2.

The tenant space shall not be located within 600 feet of any existing or proposed school, park, religious institution, hospital, youth facility, or other sensitive land uses, whether said uses are within or outside of the corporate boundaries of the City of Fontana.

3.

The tenant space shall be a minimum distance of 500 feet from any smoke/vape shop and smoking/vape/hookah/e-lounges, as said terms are defined in Section 30-12, whether said uses are within or outside of the corporate boundaries of the City of Fontana.

d.

E-Lounge, hookah lounge, smoking lounge, vapor lounge.

1.

Regulations.

i.

Allowed only as a secondary use in the outdoor patio area of a full-service restaurant.

ii.

All business-related activities shall be conducted wholly within a building, with the exception of on-site smoking and outdoor seating. Operation of outdoor barbeques or braziers or lighting coals shall not be permitted.

iii.

The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code § 6404.5.

iv.

No person under 18 years of age shall be permitted within any area of the business premises where the smoking of tobacco is allowed.

v.

No admittance fee, cover charge, or requirement of any charge or minimum payment as a condition of entry shall be permitted.

vi.

In the event security problems occur and at the request of the police Department, the business owner/licensee or management, at his or her own expense, shall provide a California licensed, uniformed security guard(s) on the premises, during such hours as requested and directed by the Police Department. All uniformed security guards(s) shall comply with Fontana City Code Section 22-62 and shall be registered with the state of California's Bureau of Security and Investigative Services as a security guard prior to employment within the City of Fontana.

vii.

The lounge owner shall be responsible for the removal of all trash and debris or spilled food or beverage items and shall maintain the outdoor seating area and its adjacent area in a clean, sanitary and trash-free manner.

viii.

Music shall be limited to overhead/background music; any music allowed shall not be audible from outside the premises so as to disturb the peace pursuant to Fontana Municipal Code 16-19, 18-63. Such system may be radio, juke box (coin or token operated customer paid mechanism) or similar non-hosted device or unit, but not including any system requiring an attendant or host such as a disk jockey (DJ) or similar person.

e.

Development standards.

1.

Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Fontana Fire Department, or as otherwise required by federal laws.

2.

Parking shall be provided using the standard for bars and nightclubs.

3.

The occupancy shall not exceed the occupancy limit for the premises established pursuant to the California Building Code ch. 10.

4.

Furnishings for an outdoor seating area shall not exceed one table and two seats for every five lineal feet of building or unit frontage.

5.

Furnishings shall not be placed or allowed to hang over any public right-of-way, required pedestrian access way, required setback or parking area.

6.

A minimum six-foot wide pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk.

7.

Portable or non-fixed furnishings shall not be set up outside the premises more than one-half hours after closing. Permanent or fixed furnishings may remain overnight.

8.

Furnishings shall not contain advertising or depict any product or product name, logo, trademark, or similar identification or advertising display. The design, color and material of the furnishings shall be compatible with the building.

9.

At least one enclosed trash receptacle shall be provided. The design, color and material of the receptacle(s) shall be compatible with the building.

f.

Distance requirements.

1.

Distance shall be measured from property line to property line.

2.

The tenant space shall not be located within 1,500 feet of any existing or proposed school, park, religious institution, hospital, youth facility, or other sensitive land uses, whether said uses are within or outside of the corporate boundaries of the City of Fontana.

3.

The tenant space shall be a minimum distance of 500 feet from any smoke/vape shop and smoking/vape/hookah/e-lounges, as said terms are defined in Section 30-12, whether said uses are within or outside of the corporate boundaries of the City of Fontana.

(5)

Auto repair (including paint and body work). Use must be conducted within an enclosed building.

(6)

Automatic car wash.

a.

Any car wash in which power driven or steam cleaning equipment is used shall be contained wholly within a completely enclosed building, with openings for the entrance and/or exit of vehicles. Any activity involving hand drying of vehicles does not require enclosure within a building. Hand drying shall only be conducted in areas not used for required parking or vehicular circulation.

b.

Any sound emanating from the operation shall be in conformance with those standards adopted by the City for the control of noise and noise sources per Chapter 18 of the Code of the City of Fontana.

c.

Operation shall not be allowed before 7:00 a.m., or after 10:00 p.m.

d.

Both the entrance and exit of the car wash shall be located in such a way that they are not visible from the public right-of-way or screened to the satisfaction of the Director of Community Development.

(7)

Alcoholic beverage sales. Any use that engages in on-site or off-site retail sales of alcoholic beverages and that is required to operate under a State Alcoholic Beverage Control (ABC) license shall be subject to the approval of conditional use permit or minor use permit. A conditional use permit or minor use permit shall be required for the following actions:

Table No. 30-492.C
Alcoholic Beverage Sales

a.

Location requirements.

1.

In judging requests for alcoholic beverage sales, of particular concern will be the physical relationship and proximity of the proposed use to that of similar uses on the same or surrounding sites; the compatibility of the proposed use with neighboring uses (i.e., schools, parks, religious institutions, hospitals and other similar uses), and that no adverse effect on public health, safety or welfare will be created.

2.

A business where a new conditional use permit is requested, other than for a renewal or ownership transfer, for the sale of liquor should be a minimum of 600 feet away from an existing or proposed school, park, religious institution, hospital, youth facility, and other similar uses.

3.

The proposed use shall not be incompatible with the adjoining uses as it relates to noise, debris, traffic, storage, design and hours of operation, nor shall it create any adverse effect on public health, safety or welfare.

4.

All light standards shall be located so that lighting does not directly shine into adjoining residential properties. Any light pole within the parking area shall have a concrete or similar support base constructed to withstand light vehicle collisions.

5.

The establishment shall be operated in such a manner that sound emitted from the premises shall not be audible beyond the boundaries on which it is located.

i.

All doors to the building shall remain closed except to allow for the entrance and exit of patrons and employees.

ii.

Any such liquor sales use or similar use being established for the first time shall have no entrance or exit located within 100 feet of a residentially zoned or utilized property unless adequate sound attenuation measures have been undertaken or unless the entrance or exit is separated from the residentially zoned property by a public street.

b.

Alcohol product sales requirements.

1.

The licensee shall not sell single bottles of wine in less than 750 milliliter containers. Specialty or dessert wines which are only packaged in 375 milliliter bottles shall be permitted.

2.

No distilled spirits shall be sold in bottles or containers smaller than 375 milliliters.

3.

The sale of beer or malt beverages in single size containers of 40 ounces or less is prohibited.

4.

The licensed premises shall not sell individual units of beer or wine from the manufacturer's multi-unit packages (three-packs, four-packs, six-packs, etc.).

c.

In the event the Director of Planning has determined that a party holding a conditional use permit at a given location is in violation of the conditions of the permit the Planning Commission, through the public hearing process, shall have the authority to terminate the conditional use until such time as the property has been brought into compliance and the applicant establishes that those conditions have been met.

(8)

Places of assembly. Places where people assemble for meetings, events, religious services, cultural activities and similar events are subject to the provisions of this subsection.

a.

The minimum site area shall be one acre and shall have frontage on a secondary, primary, or major highway.

b.

The width of the frontage of the site shall be not less than 120 feet.

c.

Front yards shall be that required for the zoning district in which the use is located except that if the entrance to the main building faces the street, the minimum front yard shall be 40 feet.

d.

Main buildings and structures on the site shall not be closer than 25 feet to any property line that is a common property line with "R" zoned property, except that accessory buildings and structures (no more than 640 square feet in area) shall maintain a side yard of ten feet with five feet added at ground level for each additional story over the first. Any detached one-family dwelling on such site shall conform to the yard requirements and required distance between buildings as required for the zoning district in which the dwelling is located.

e.

The required front yard for any off-street parking area shall be no less than that required for the zoning district in which the parking area is located.

f.

On interior lots, the required side yards may be used to provide off-street parking areas, and on corner lots, the interior side yard may be similarly used. Under no circumstances may the required side yard on the street side be used for off-street parking.

g.

Limitations on lot coverage by buildings shall not apply.

h.

A solid wall not less than eight feet in height shall be constructed and maintained on any property lines adjoining residential property, provided such wall shall not extend into any required front yard.

i.

All lights provided to illuminate any parking area or building on the site shall be so arranged as to direct the light away from any adjoining premises.

j.

The use shall comply with the noise standards in Table 30-469.

k.

The conditional use permit may impose restrictions upon the hours of operation.

l.

Notwithstanding the above provisions, places of assembly located within established shopping centers:

1.

Shall comply with off-street parking for both places of assembly and retail shopping.

2.

Shall not occupy more than 25 percent of the total gross floor area of the shopping center and be restricted to assembly purposes.

3.

Shall comply with all applicable Uniform Building Codes and Uniform Fire Codes.

4.

Shall require that all work required be performed prior to the issuance of a certificate of occupancy by the City's Building Official.

5.

Shall have its hours of operation subject to review and approval to ensure the health and safety of the community and compatibility with the surrounding uses.

(9)

Commercial radio/T.V. Applicant shall furnish proof of a valid Federal communications license prior to approval.

(10)

Fortune telling.

a.

All applicants shall observe all the provisions contained within Chapter 15 of the Municipal Code.

b.

Said establishment shall be located a minimum of 1,000 feet away from any other establishment engaged in the practice of fortune telling.

(11)

Hotel/motel.

a.

The minimum site area shall be 40,000 square feet.

b.

The minimum street frontage of the site shall be 150 feet.

c.

In hotels, kitchenette cooking facilities may be provided within individual rooms or suites.

d.

No consecutive occupancy in motels shall exceed 30 days in 45 consecutive days.

e.

The following building setbacks are required:

1.

Front setback 20-foot depth from the lot front property line;

2.

Interior side setback seven and one-half foot width from the lot side line unless adjacent to residentially zoned property. Then setback increases to 25 feet;

3.

Exterior side setback ten-foot width from the lot side line;

4.

Rear setback seven and one-half foot depth from the lot rear line unless adjacent to residentially zoned property. Then setback increases to 25 feet;

5.

The setbacks shall be fully landscaped except for points of ingress and egress;

6.

In motels, no more than ten percent of the individual living units shall contain kitchen facilities.

(12)

Automobile and boat sales.

a.

Minimum site area shall be 15,000 square feet.

b.

All parts, accessories, etc. shall be stored within a fully enclosed structure.

c.

No amplified speaker systems shall be used outside.

d.

All on-site lighting shall be stationary and directed away from adjoining properties and public rights-of-way.

e.

No vehicle or boat service or repair work shall occur except within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way or freeway.

f.

All loading and unloading of vehicles or boats shall occur on-site or from loading zones as designated by the City traffic engineer and not in adjoining streets or alleys.

g.

Off-street parking requirements shall adequately accommodate all on-site uses including showroom, office, parts and service areas, as well as employee and customer parking.

h.

A maximum of two display parking stalls could be located within the required landscaped setback area are allowed.

(13)

Cyber cafés. Notwithstanding any other provision of this chapter, cyber cafés may be conducted in any C-1, C-2 or RMU zoning districts, provided they are carried on in accordance with the limitations hereinafter set forth, and provided an approved conditional use permit is granted. Cyber cafés shall not be permitted in a specific plan unless explicitly set forth as a permissible use.

a.

A conditional use permit shall be required for all cyber cafés. If at any time the ownership changes or the use is discontinued for 180 days on an existing cyber café that does not have a conditional use permit the new owner will be required to obtain a conditional use permit.

b.

"No loitering" signs shall be posted at the front and rear of the business. In addition, a waiting area with not less than eight seats shall be provided for customers waiting to use a computer. No outside waiting or seating area is permitted.

c.

No person shall be permitted to consume or sell alcohol on the premises.

d.

There shall be a minimum of one employee managing the cyber café during all working hours.

e.

Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance.

f.

Any display of, or access to, adult oriented materials where they can be seen by minors is prohibited.

g.

Window areas shall not be covered or made opaque in any way. All windows and entrances must be unobstructed at all times so as to allow an unimpaired line of sight by a police officer.

h.

The Chief of Police is authorized to require a specific owner/operator to provide a security guard on the premises in the event that there are significant calls for service relating to assaults, gang related activity, weapons offenses, disturbances, and juvenile related crime, including truancy, or other good causes.

1.

Any decision of the Chief of Police may be appealed to the City Council. Any appeal shall be made within ten calendar days following the date of the decision by the Chief of Police. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the written decision by the Chief of Police. If such tenth calendar day ends on a Saturday, Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the next regular business day.

2.

All appeals shall be in writing and on forms provided by the Planning Division and shall specify wherein there was any error of decision or requirement by the Chief of Police. Furthermore, a copy of such appeal shall be filed with the Planning Division and the City Clerk.

3.

The City Council may, after public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the City Clerk, and the Planning Division; one copy thereof shall be sent to the applicant.

i.

No pool tables or other amusement devices not directly related to Internet computer devices shall be permitted.

j.

No gaming tournaments for cash prizes shall be permitted.

k.

A business where a new conditional use permit is requested, other than for a renewal or ownership transfer, for the operation of a cyber café shall be a minimum of 600 feet away from any existing or proposed public or private school.

(14)

Self-storage facilities shall only be permitted if commercial retail or office development is located in front of the facility. Only the commercial retail or office development shall be visible from a public street. Outdoor storage may be approved by the Planning Commission on a case-by-case basis and shall only include currently registered vehicles, trailers, and/or vessels in an operating condition.

(15)

Automobile and truck rental two-ton single unit maximum.

a.

The use must be on a stand-alone parcel with a building on the same parcel associated with the business.

b.

All display of vehicles shall be set back behind landscaped areas and shall not be located on required parking areas.

c.

The entire area used for display purposes shall be surfaced with asphalt or an equally serviceable hard pavement surface. The surface shall be maintained in good condition.

d.

Outdoor display areas shall be maintained in a neat and orderly condition.

(16)

Tire shop. The business shall comply with the provisions for outdoor display outlined in this section herein.

(17)

Truck and trailer sales.

a.

Truck and trailer sales and associated accessory repair shall only be located fronting Valley Boulevard within the general commercial (C-2) zoning district.

b.

The use must be on a stand-alone parcel with a building on the same parcel associated with the business.

c.

All display of truck or truck and trailer shall be set back behind landscaped areas and shall not be located on required parking areas.

d.

The entire area used for display purposes shall be surfaced with asphalt or an equally serviceable hard pavement surface. The surface shall be maintained in good condition.

e.

Outdoor display areas shall be maintained in a neat and orderly condition.

f.

All parts, accessories, etc. shall be stored within a fully enclosed structure.

g.

No amplified speaker systems shall be used outside.

h.

All on-site lighting shall be stationary and directed away from adjoining properties and public rights-of-way.

i.

Only ancillary repair shall occur within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way or freeway.

j.

Off-street parking requirements shall adequately accommodate all on-site uses including showroom, office, parts and service areas, as well as employee and customer parking.

(Ord. No. 1823, § 8(Exh. A), 2-25-20; Ord. No. 1898, §§ 9, 12, 7-26-22; Ord. No. 1961, § 4(Exh. A), 1-28-25; Ord. No. 1969, § 4(Exh. A), 5-27-25)

(a)

[Minimum standards.] The development standards outlined in this section are the minimum standards applicable to the development of commercial and mixed-use structures.

(b)

Lot dimensions, building height, and maximum intensity. Table No. 30-494.A, specifies required lot dimensions, height limitations, and maximum permitted building intensities. The lot dimension requirements apply only to the creation of new parcels. Also, the lot dimension requirements do not apply to commercial and mixed-use development over five acres in lot area that provides for reciprocal access, parking, and maintenance.

Table No. 30-494.A
Lot Dimensions, Building Height, and Maximum Intensity

In calculating the FAR for mixed-use projects, only 50 percent of the area devoted to residential and accessory uses shall be included in the calculation.

(c)

Landscape areas—Setbacks. Tables No. 30-494.A, and Tables No. 30-494.B, specify the minimum required setbacks for buildings and parking areas. All required yard areas shall be clear of all structures and shall be landscaped and maintained in a neat and healthy condition according to the landscaping provisions of this title.

Table No. 30-494.B
Minimum Required Setbacks for Buildings

(1)

For properties along the same block face as properties zoned for residential use, the setback shall be the same as established for the residential uses.

(2)

An additional setback may be required by the Director of Community Development.

Table 30-494.C
Minimum Required Setbacks for Parking Areas

(d)

Permitted uses in required yard areas. The accessory uses and structures permitted in yard areas shall be limited as follows:

(1)

Street yard areas. Landscaping, on-premises signs, and pedestrian walkways.

(2)

Rear yards, interior side yards, yards abutting alleys. Landscaping, pedestrian walkways, and similar accessory uses.

(e)

Permitted projections into yard areas. No projections may extend into required yard areas except as follows:

(1)

Signs, as specified in Chapter 3 of the Municipal Code.

(2)

Awnings, eaves, canopies, roof projections, and similar architectural features for a distance of five feet, provided the feature is located at least eight feet above grade and no closer than five feet from the property line.

(3)

Bay windows, chimneys, fireplaces, balconies, and similar features for a distance of three feet, provided the feature is located no closer than five feet from the property line.

(4)

Theater marquees for a distance of eight feet or no nearer than two feet to the face of an existing curb, whichever is less.

(5)

Balconies for residential units within a mixed-use project for a distance of six feet into a required yard facing a street.

(f)

Landscaping requirements. All required street setbacks shall be landscaped in accordance with provisions in Article X. In no event shall the off-street parking encroach within such setback area.

(g)

Screening required.

(1)

General. The following required screening shall apply in all commercial and mixed-use zoning district:

a.

Outdoor storage. Outdoor storage shall be prohibited.

b.

Parking lots. All parking lots shall be screened as provided for in Article XI of this chapter.

c.

Adjacent to residential districts. All commercial and mixed uses adjoining or abutting a residential district shall be screened by a solid masonry wall not less than six feet but no higher than eight feet in height. However, in the front yard area abutting the residential lot, the wall may be lower as determined through the design review process.

d.

Trash, utility and loading areas. Trash enclosures, utility areas, loading areas and the like shall be screened by walls, earthen berms, landscaping, buildings, or any combination of these features.

(2)

Mechanical equipment of building sides and rooftops. The following restrictions shall apply to all roof-mounted mechanical equipment:

a.

Required. In all commercial and mixed-use zoning districts, rooftop mechanical equipment, except solar collectors and rain gutters, shall be screened on all sides by screening not less than the height of the equipment being screened.

b.

Secured. All rooftop mechanical equipment shall be secured from unauthorized entry to the satisfaction of the Building Official.

c.

Materials. All rooftop mechanical equipment screening devices shall be of a material requiring a low degree of maintenance. All screening devices shall be well integrated into the design of the building through such items as parapet walls continuous with the walls of the structure, false roofs, or equipment rooms.

(Ord. No. 1823, § 8(Exh. A), 2-25-20)

(a)

The following development standards are applicable to mixed use projects within the RMU zoning district when an area plan is submitted.

(b)

An area plan provides specific planning and design proposals for a defined geographical area within the regional mixed use (RMU) zone. The project shall be interconnected with walkable and mixed-use areas developed vertically or horizontally. Planned unit development (PUD) standards and application process per Article II, Division 24 shall apply. The RMU zone shall be guided by the established area plan. The additional following standards also apply:

(1)

Project site size. Project sites shall be at a minimum of one acre.

(2)

Density. The maximum density for residential dwelling units in a mixed-use project shall be 12 to 24 units per net acre and the commercial intensity of 0.1 to 1.0 floor air ratio (FAR) is permitted. Amenity areas shall not be counted toward overall density.

(3)

Residential unit size. The minimum square footage for residential units within a mixed-use project shall be as follows: one-bedroom unit is 700 sf; two-bedroom unit is 900 sf; three-bedroom unit is 1,000 sf; four or larger-bedroom units, 1,000 sf plus 100 sf for each bedroom in excess of three.

(4)

Open space. The minimum amount of private open space for residential units within a mixed-use project shall be 100 sf per unit.

(5)

Storage facilities. A separate area having a minimum of 150 cubic feet of private and secure storage space shall be provided for each residential unit within a mixed-use project.

a.

The storage area may be located within a garage, provided it does not interfere with garage use for automobile parking.

b.

Normal closet and cupboard space within the dwelling unit shall not count toward meeting this requirement.

c.

No storage shall be allowed in any carport area.

(6)

Air conditioning or cooling systems.

a.

The residential portion of a mixed-use project shall be equipped with a central air conditioning or cooling system.

b.

For the purposes of this section, a "central air conditioning or cooling system" shall be defined as all that equipment, including associated refrigeration, intended or installed for the purpose of cooling air by mechanical means and discharging such air into a residential structure used for living purposes. A central air conditioning or cooling system shall not include portable cooling units, absorption units or evaporative coolers.

Off-street parking and loading shall be provided as required by Article XI of this chapter.

On-site signs are permitted subject to the standards outlined in Chapter 3 of the Municipal Code.

Accessory buildings may be located on a lot within the required setback areas. Accessory buildings shall conform to the same setback requirements applicable to primary structures.

Refer to Chapter 32 of the Municipal Code.

(a)

Height limits. The height limitations outlined in Table 30-500.A shall apply.

(b)

Design. All walls and fences shall be wrought iron, solid decorative masonry or a combination of both. Fencing shall be designed to augment the site, be aesthetically pleasing, and not hinder public safety.

(1)

Walls and fences shall be integrated with landscaping along the base of the wall or fence.

(2)

Wall heights and surfaces shall be articulated with varying façade depths or pilasters to promote architectural interest and may include a cap along the top of the wall.

(3)

Walls visible from public streets shall be decorative and complement the design of on-site buildings.

(4)

Wall and fencing materials may consist of brick, stone, stucco, wrought iron or tubular steel. Wall and fencing colors should match building colors, with neutral earth tones.

a.

Notwithstanding the provisions of this section, walls, fences, hedges at a street corner shall not create obstruction to the sight triangle and shall not interfere or obstruct the line-of-sight for motorists.

b.

Residential development shall conform to the residential section of the Code.

(c)

Temporary fencing.

(1)

Vacant land. An open mesh type fence limited to eight feet in height may be located around the perimeter of a vacant parcel of land (at property line) until such time as the subject parcel is developed.

(2)

Abandoned buildings. An open mesh type fence limited to eight feet in height may be located around a parcel of land (at property line) that contains an abandoned building(s) until such time as the subject parcel is developed.

(Ord. No. 1865, § 8(Att. 2), 3-23-21)

All commercial and mixed-use developments shall be provided with trash receptacles, trash enclosures, and recycling containers with pedestrian access as follows:

(1)

Number. An adequate number and size of receptacles shall be provided to serve all uses on a property.

(2)

Mixed-use projects. The trash and recycling storage areas serving residential units within a mixed-use project shall comply with the provisions of the Municipal Code.

(3)

Screening. All receptacles shall be located within a City approved trash enclosure with solid masonry wall and landscape adjacent. The trash enclosures shall be architecturally compatible with the buildings on-site. The receptacle shall not be visible above the wall. A visually solid gate shall be provided with a decorative trellis.

(Ord. No. 1823, § 8(Exh. A), 2-25-20)

This section establishes standards for conducting activities in commercial and mixed-use zoning districts. The standards are designed to protect residents from annoying or potentially harmful environmental conditions.

No activities conducted within commercial or mixed-use zoning districts shall be conducted in such a manner as to constitute a public or private nuisance. The Planning Commission may impose such conditions or mitigation measures as may be appropriate to ensure that activities conducted within a commercial or mixed-use zoning district shall not constitute or become a public or private nuisance.

Without limiting the ability of the City to abate, mitigate, or impose conditions upon public or private nuisances and notwithstanding other provisions of this chapter, all activities conducted within commercial and mixed-use zoning districts shall comply with all applicable provisions of local, state and federal laws and regulations with respect to noise, vibration, smoke, odors, fire and explosive hazards, radiation, toxic or noxious matters, electromagnetic interference, and lighting. The Planning Commission may impose such conditions or mitigation measures as may be appropriate to ensure that activities conducted within any commercial or mixed-use zoning district shall not violate any provisions of local, state or federal laws or regulations with respect to the matters identified in the immediately preceding sentence.

All lights and illuminated signs shall be directed and/or shielded to prevent the light from adversely affecting adjacent properties or distracting motorists.

These guidelines are established to promote good design and to ensure commercial and mixed-use development conforms to the community design goals set forth in the general plan. The guidelines are to be used in concert with the development policies and standards contained in this article to create commercial and mixed-use developments that are visually and functionally compatible with surrounding uses.

These guidelines apply to all new commercial and mixed-use development, as well as to additions, remodeling, and relocation of existing structures. These guidelines apply in addition to the City of Fontana plotting and design criteria.

(a)

Grading and drainage.

(1)

Graded slopes shall meet Uniform Building Code and the City Engineer's standards.

(2)

All graded slopes in excess of three to one shall be stabilized and planted with groundcovers and trees or shrubs.

(3)

The grading of land along transportation corridors shall conform to the natural topography of the immediate area and result in a harmonious transition of the manmade grade with the natural terrain.

(4)

Site grading design shall complement and reinforce the architectural and landscape design character by helping to screen parking, loading and service areas, by helping to reduce the perception of height and mass on large buildings, by providing reasonable transitions between on-site uses, by providing elevation transitions contributing to the efficiency of on-site and off-site movement systems, and by providing reasonable transition between lots.

(5)

All three-to-one slopes or greater shall require an erosion control management plan.

(b)

Building orientation.

(1)

All buildings shall be located and oriented to reduce noise, light and glare, visual, and other conflicts. Refuse collection and loading areas shall be located in areas where noise from such operations will not adversely impact adjacent residential uses.

(2)

Buildings shall be located for windows and entries to take advantage of scenic views where possible.

(3)

Buildings shall be designed and located to minimize the impact of built forms on the natural landscape. Rooflines shall keep a low profile so as to not dominate the horizon line.

(4)

The orientation of a building and its parts shall be related to nature and the elements: sun, wind and rain. The design and placements of windows and doors shall be considered with exposure to natural elements in mind.

(5)

In new projects, buildings shall be positioned to minimize the impact of shadows on adjacent properties. Building architecture shall be designed to provide shade in the summer and sunlight in the winter.

(6)

Placement of the commercial and mixed-use buildings shall provide the most aesthetic public views.

(7)

All design shall appear as an integrated part of an overall design theme.

(8)

Building setbacks from the street shall vary to provide character to the area.

(9)

All HVAC ducts shall be oriented away from adjoining and on-site residential property.

(10)

A majority of the primary living spaces within the residential portion of a mixed-use project should receive direct sunlight for the daylight hours.

(c)

Access and circulation.

(1)

Pedestrian.

a.

On-site pedestrian circulation systems shall be provided to meet the movement needs of on-site users. Such systems shall provide safe, all-weather surfaces and aesthetically pleasing means of on-site foot travel. Pedestrian walkways shall be an integrated part of the overall architecture and site design concept.

b.

Pedestrian and bicycle access shall be conveniently provided to connect surrounding land uses and commercial or mixed uses.

c.

All new commercial and mixed-use development shall be accessible to persons with disabilities as required elsewhere in this chapter.

d.

All primary ground-floor common entries and individual dwelling unit entries for mixed-use projects fronting on streets should be oriented to the street, not to the interior or to a parking lot.

e.

On-site pedestrian circulation for mixed-use projects should be continuous and connect various uses on site, as well as connect to off-site transit stops and parking.

(2)

Vehicular.

a.

Bus turnouts shall be installed in commercial and mixed-use areas that generate the highest bus passenger volume. Mass transit routes that serve areas of commercial and mixed uses shall load passengers in clearly marked, reserved areas with pedestrian facilities provided.

b.

The access and circulation of a development shall be designed to provide a safe and efficient system, both on and off the site. Points of access shall be designed in conformance with the City access regulations and shall not conflict with other planned or existing access points.

c.

Access drives for commercial and residential areas shall be located as far as possible from street intersection and shall be coordinated with median openings and where median openings are not available, designed for efficient "right-turn only" ingress and egress.

d.

Access drives shall be coordinated with adjacent lots so as to minimize the number of curb cuts required and to not impede on the efficient flow of peak period traffic. Consideration shall be given to adequate separation of adjacent access drives or the development of common access drives.

e.

In no case should trucks have to use public right-of-way to maneuver into a loading space, including the necessity to have to back in from a public right-of-way. There shall be adequate truck maneuvering area for the truck size anticipated for the commercial development. Trucks utilizing loading areas shall not encroach upon drive aisles or parking spaces.

(d)

Relationship of parking areas and loading zones to buildings.

(1)

Parking areas shall not be the dominant element in the overall design of a project and shall be designed to minimize visual disruption. Multi-user parking areas shared between buildings and uses shall be encouraged to the maximum extent possible.

(2)

Aisles should be positioned whenever possible perpendicular to building entries for easy pedestrian access. Pedestrian corridors shall also incorporate landscaping material.

(3)

Driveway access to rear parking areas and clear signage identifying rear parking availability shall be provided.

(e)

Open space. The following standards are applicable for commercial and mixed-use development greater than ten acres in size.

(1)

Open spaces shall be designed as an integral part of the overall site plan design. Open spaces shall enhance the building design, enhance public views and spaces, provide buffers and transitions, provide for a balance of solar uses, and provide screening.

(2)

The display of art and fountains is encouraged in public open spaces.

(3)

Open spaces can occur within a commercial or mixed-use development in any scale, from an intimate seat wall to an expansive celebratory plaza. These spaces are encouraged within all new commercial and mixed-use development and shall be designed at a scale proportionate to each individual project.

(4)

Designed open spaces shall promote "people gathering," provide seating areas, and bring the architecture down to a human scale. These spaces shall stand out visually as desirable, active, and functional spaces and shall be typically characterized in the form of plazas, courtyards, auto drop-off zones, promenades and outdoor and sidewalk eating areas.

(5)

Open spaces shall provide a strong landscape design and access connection to the primary building entry.

(6)

Open spaces shall be integrated into the vehicular and pedestrian circulation systems as a primary focus and destination.

(7)

Open spaces shall be strongly defined by adjacent buildings with facades being visually interesting and building mass well-articulated.

(8)

The provision of ample seating in open spaces areas is essential and should be carefully places to allow a variety of sitting environments and opportunities for people watching.

(9)

Open space for the residential portions of mixed-use projects shall comply with the following provisions:

a.

Residents shall have access to useable open space, whether public or private, for recreation and social activities. The design and orientation of these areas shall take advantage of available sunlight and shall be sheltered from the noise and traffic of adjacent streets or other incompatible uses.

b.

In projects where, common open space is required, the space shall be located conveniently for the majority of units.

c.

Private open space areas shall be contiguous to the units they serve, screened from public view and be of a useable size (for example, big enough to accommodate a patio table and four chairs or a patio and gardening area).

d.

Children's play areas shall be visible from dwelling units.

(f)

Lighting.

(1)

All exterior lighting shall be adequately controlled and shielded to prevent glare and undesirable illumination to adjacent properties or streets.

(2)

On-site lights shall provide a safe, functional and aesthetic design. Enough lighting should be provided to ensure a safe environment while at the same time not cause areas of intense light or glare.

(3)

Light fixtures and poles shall be designed and placed in a manner consistent and compatible with the overall site and building design.

(4)

Shall comply with Fontana Police Department security requirements.

(5)

Security lighting shall be utilized in all parking areas and pedestrian walkways within the residential portions of mixed-use projects.

(g)

Utilities.

(1)

Temporary overhead power and telephone facilities are permitted only during construction.

(2)

Placement, location and screening of utilities of any kind which cannot be installed underground and must be placed above ground for function and safety reasons require approval by the Director of Planning.

(3)

Transformer enclosures shall be designed of durable materials with finishes and colors used which are compatible and harmonious with the overall architectural theme.

(h)

Public safety.

(1)

Entrances to buildings shall be well lighted and void of any large shrubbery or obstructions.

(2)

Adequate emergency access routes for the egress/ingress of emergency vehicles shall be required for all projects. Where space for a separate vehicle access road is difficult, a portion of a greenbelt or open space area shall be lined with "turf block" to allow heavy equipment to access structures.

(3)

A fuel modification zone shall be required in areas threatened by fire hazard.

(4)

The residential units in a mixed-use project shall be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the non-residential uses. Non-residential and residential uses shall not have common entrance hallways or common balconies.

(Ord. No. 1970, § 4(Exh. A), 6-10-25)

(a)

Design theme.

(1)

In order to establish and reinforce a distinctive district identity, new commercial and mixed-use projects are encouraged to develop a central design theme around which the following architectural elements can be designed: building form, signage, light fixtures, walls, landscaping, and other site furnishings.

(2)

A recognizable design theme shall be established for each development. That theme shall be one that creates a harmonious building style, form, size, color, material, and roofline, as it relates to surrounding planned or existing developments.

(3)

It is not intended that one style of architecture should be dominant but rather that individual structures shall create and enhance a high quality and harmonious community appearance. Subtle variations are encouraged which provide visual interest but do not create abrupt changes causing discord in the overall design of the immediate area.

(4)

Residential windows in mixed-use projects should face away from loading areas and docks. The windows of residential units should not face each other; the windows should be offset to maximize privacy.

(5)

Projecting features in mixed-use projects such as balconies, porches, bays, and dormer windows are encouraged to create visual interest and distinction between units. Trim detail on rooflines, porches, windows and doors on street-facing elevations is encouraged.

(6)

New projects located on major intersections shall incorporate a decorative fountain or monumentation statement.

(b)

Scale.

(1)

The height, bulk, and design of commercial and mixed-use development shall be compatible with the surrounding neighborhood. Buildings that violate the existing scale of the area by their height, width, or massing shall not be permitted.

(2)

No matter the scale of a building, setbacks, and overall heights shall provide an element of openness and human scale.

(3)

Multi-story buildings shall be set back toward the center of the site or be designed in a stepped style.

(4)

The height and bulk of buildings shall not unduly block views or the solar access of adjacent and other nearby buildings.

(c)

Materials and colors.

(1)

Colors, textures, and materials shall be coordinated to achieve total compatibility of design and shall blend well with the environment.

(2)

A sensitive alternation of colors and materials shall be used to produce diversity and enhance architectural effects.

(3)

While no category of exterior materials is considered "correct," the use of a particular material should exemplify the special characteristics of the overall design theme.

(4)

Generally acceptable materials include but are not limited to stucco, wood siding, native rock and stone, split face, concrete, and brick.

(5)

Conditionally acceptable material (only limited usage) shall be steel (painted), wood shakes (as wall surfaces), slump stone, glass block, and black glass windows.

(6)

The following materials are not encouraged: aluminum or plastic siding; or corrugated fiberglass.

(7)

Roll-up metal, wood, or other material, doors or structures used to cover the exterior front, side, or rear facade of a commercial or mixed-use building or a business shall be prohibited. Open grid gates are permitted on the interior of the building only. Businesses with existing roll-up doors, on the exterior of the building, as of the effective date of this provision was originally adopted, which cease to operate for a period of 14 calendar days shall be deemed abandoned, and such roll-up doors shall be removed.

(8)

Any foam treatment used for architecture treatments and/or projections located on the first floor shall be covered with concrete or similar durable material a minimum of one-half-inch thick, or as determined by the Director of Community Development.

(d)

Lighting.

(1)

Building or roof outline tube lighting are subject to Planning Commission approval.

(2)

Use of luminescent or reflective wall surfaces is unacceptable, unless approved by the Planning Commission.

(3)

Building or wall light shall be indirect. A limited number of lights may be used to give some building relief.

(4)

Allowing interior building lighting in commercial areas to be left on at night is encouraged (to the extent energy use is justifiable) to enhance pedestrian activity on the street.

(5)

Building and landscape accent up lighting is encouraged.

(6)

Lighting systems shall be architecturally compatible with surrounding buildings to express the unique character of the area. Exposed neon, light-emitting diode (LED), mercury vapor, exposed fluorescent, and exposed high intensity lights are prohibited, unless given approval by the Director of Community Development.

(7)

All exterior lighting shall be adequately controlled and shielded to prevent glare and undesirable illumination to adjacent properties or streets and to on-site residential units.

(8)

Where possible, light fixtures shall be incorporated into the building elements to minimize their impact. Fixtures shall be appropriate for the architectural design and shall be energy efficient.

(e)

Screening of exterior equipment.

(1)

All mechanical equipment should be screened from view of residential units within a mixed-use project. Such screening should appear to be an integrated part of the overall architectural design.

(2)

Electrical rooms shall be designed into new buildings as part of the building with direct access from the outside.

(3)

Utility equipment (i.e. water heater enclosure, electrical panels, pv conduit, etc.) and additions shall be painted to match existing structures.

(f)

Compatibility within mixed-use projects.

(1)

Commercial uses within a mixed-use project area shall be designed and operated, and hours of operation may be limited, where appropriate, so that neighboring residents are not exposed to offensive noise, especially from traffic, routine deliveries, or late-night activity. No use shall produce continual loading or unloading or heavy trucks at the site between the hours of 9:00 p.m. and 6:00 a.m.

(2)

Residential portions of a mixed-use project shall be designed to limit the interior noise caused by the commercial and parking portions of the project to a maximum of 45 db on an annual basis in any habitable room with windows closed. Proper design may include, but shall not be limited to, building orientation, double or extra-strength windows, wall and ceiling insulation, and orientation and insulation of vents. Where it is necessary that windows be closed in order to achieve the required level, means shall be provided for ventilation/cooling to provide a habitable environment.

(3)

No use, activity or process within a mixed-use project shall produce continual vibrations or noxious odors that are perceptible without instruments by the average person within the interior of residential units on the site.

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

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

The following trip reduction measures shall be implemented:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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

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

(1)

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

(2)

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