The purpose and intent of this article is to provide areas that are not residential, commercial, or industrial. There are four specific zoning districts that are included in this article. The public and open space zoning districts are intended to accommodate public facilities for the health, safety, and general welfare of the residents of the City. The public and open space zoning districts are created to implement the open space policies of the general plan and to achieve the following objectives:

(1)

Protect lives and property from slope, fire, seismic, and flood hazards;

(2)

Preserve views of and natural conditions primarily within the Jurupa Hills and San Gabriel Mountains;

(3)

Prevent premature development of significant aggregate and agricultural resource areas;

(4)

Promote and manage the significant biological habitat and groundwater recharge areas; and

(5)

Provide City residents with a wide range of recreational opportunities.

This article contains subsequent sections that describe permitted land uses within the public and open space zoning districts and the development standards and design guidelines applicable to these uses. In general, limited development is permitted in the public and open space zoning districts. However, standards and guidelines are necessary to ensure development is consistent with the intent of the general plan.

All permitted uses must comply with the development policies, use regulations, development standards, performance standards, and design guidelines established by this article.

The provisions of this article shall not be so construed as to limit or interfere with the construction, installation, operation, and maintenance of any use which falls within the jurisdiction of the Public Utility Commission, which uses are related to public utilities purposes: water gas, electricity, telephone, and sewer.

Four public facilities and open space zoning districts are established as follows:

(1)

Public Facility (P-PF). A zoning district that accommodates public facilities required for the development and use of land in order to provide for a quality living environment and a dynamic economy.

(2)

Natural area (OS-N). A zoning district that accommodates those locations within the planning area which, for specific environmental reasons, have been planned to remain in largely a natural condition. Areas designated as OS-N include portions of the Jurupa Hills and the foothills of the San Gabriel Mountains bordering the national forest land.

(3)

Resource area (OS-R). A zoning district that accommodates quarries, flood control channels, groundwater percolation basins, and agriculture. The OS-R category allows for the continued productive use of natural resources. The character of these areas is intended to remain as open space.

(4)

Public utility corridors (P-UC). A zoning district that accommodates public utility easements. These areas may be allowed to be developed with other uses in mind in addition to the use of utility corridor.

This section establishes development policies for all open space and public facility uses. The policies are to be used in concert with the development standards outlined here-in.

All open space and public facility uses must be consistent with the following plans:

(1)

All elements of the general plan;

(2)

Applicable specific plans (Note: Any specific plans adopted subsequent to the adoption of this development code shall meet or exceed the minimum development standards contained herein.);

(3)

San Bernardino County flood control master plans; and

(4)

San Bernardino County Hazardous Waste Management Plan.

(5)

Fire hazard, a fire protection/fuel modification plan shall be reviewed and approved prior to an entitlement approval.

(a)

Open space uses. The following features shall be incorporated into open space uses to ensure the use is compatible with surrounding land uses:

(1)

For open space uses which include some type of development (for example, golf courses, recreational parks, single-family dwelling), open space buffer zones shall be used as appropriate to separate the active land uses from adjacent more sensitive uses.

(2)

Landscaping shall be used alone or in conjunction with other features (topography, fencing) to reduce potential visual conflicts.

(3)

Lighting and especially lighting provided at recreation facilities, shall be shielded and directed to minimize impact on surrounding uses.

(b)

Public facility uses. The citing 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)

Landscaped parkways and similar open space features will be used as appropriate to separate public facilities 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)

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

(3)

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

(4)

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

(5)

Physical barriers such as masonry walls shall be provided as specified in these regulations to reduce noise, visual impacts. These features may also be used to prevent trespass between abutting land uses.

(6)

All buildings shall be sited 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 in established 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)

Biological resources. Areas containing significant biological habitat, as identified in the general plan, shall be preserved and protected.

(b)

Water resources. Groundwater recharge areas and natural drainage courses shall be protected.

(c)

Grading and landform. If any grading is required, natural terrain shall be incorporated into grading plans. The amount of terrain alteration shall be minimized. Significant topographic features shall be preserved. No grading or development shall be permitted on hilltops. Views to the San Gabriel, San Bernardino, San Jacinto Mountains, and Jurupa Hills shall be protected.

(d)

Natural flood control. Wherever possible, natural flood control features such as swales and vegetated drainage courses shall be maintained.

(e)

Energy conservation. New projects shall incorporate passive and active solar systems into site and building design per the California Building Code (CBC).

(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, noise and safety element as "fire hazard" a fire protection/fuel modification plan shall be reviewed and approved prior to an entitlement approval.

(c)

Geological hazards.

(1)

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

(2)

In the San Gabriel Mountains and Jurupa Hills, no grading shall be permitted on hill slopes in excess of 15 percent 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.

(e)

Flooding. Structures built within the flood plain shall comply with regulations established by Chapter 12 of the Fontana Municipal Code and Federal Emergency Management Agency (FEMA).

(Ord. No. 1865, § 8(Att. 2), 3-23-21)

(a)

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

(b)

Sewer. All new development and expansion of existing development shall provide appropriate sewer service that is acceptable to the engineering standards.

(c)

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

(d)

Sewer. All projects shall be served by a sewer system either public or private. Applicants shall verify that an adequate sewer system is or will be available to serve the project. If no sewer is available, then all applicants shall provide correspondence from the Santa Ana Reginal Water Board identifying that the project shall be permitted to utilize a septic system.

(e)

Storm drains. 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 master plan for drainage. All improvements shall be performed in accordance with the provisions of Chapter 12 and Chapter 26 of the Municipal Code.

(f)

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

(g)

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.

(h)

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

(i)

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)

Uses by zoning districts. Table No. 30-609 lists the uses permitted in the public and open space zoning districts. A "P" indicates, the use is permitted by right and shall be approved through an appropriate entitlement process, a "C" indicates the use requires the granting of a conditional use permit (CUP) from the Planning Commission, an "M" indicates the use requires the granting of a minor use permit (MUP) from the Director of Community Development, and "—" means the use is not permitted.

(b)

Uses subject to specific requirements. Permitted uses and uses requiring an MUP are marked with an asterisk "*" and are indicative that the use is subject to special use regulations here-in. Conditional uses are subject to the provisions are marked with a "C".

Any use not specifically permitted by Section 30-610 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 through a Director's determination pursuant to the provisions of Division 16 of Article II.

This section establishes special regulations for certain permitted uses and uses requiring an MUP marked with an asterisk "*" in Table No. 30-609. The specified use is permitted provided that the use conforms to the following regulations.

(1)

Animal grazing, breeding, raising or training. The keeping of animals for grazing, breeding, raising, or training is permitted subject to the following:

a.

A minimum lot size of six acres is required.

b.

The number of animals permitted shall be limited as outlined in Table No. 30-611.

* Swine are permitted provided they are not fed garbage.

(2)

Home occupation. Home occupation uses are permitted within a single-family home and provided a valid home occupation permit has been obtained pursuant to the provisions of Division 20 of Article II.

(3)

Product sales stand. One stand provided for the display and sale of products grown on-site is permitted by approval of the Director of Community Development. The floor area for the stand shall not exceed 200 square feet.

(4)

Parking facilities. Parking facilities related to a use located adjacent to but not within the open space zoning district are permitted subject to the following:

a.

The parking facility shall be developed in accordance the requirements of Article XI.

b.

All parking facilities shall be subject to an appropriate entitlement review process outlined here-in.

(5)

Single-family residence. In the OS-N zoning district, the maximum density shall be one unit per 20 acres of land.

(6)

Accessory uses. Accessory uses within utility easements shall be subject to an appropriate entitlement review process outlined here-in.

(7)

Theater/performing arts with alcoholic beverage sales. Alcoholic beverage sales are permitted provided they are located within a theater or performing arts center located within the municipal campus and are associated with civic events.

(8)

Farmers market. Notwithstanding any other provision of this chapter, a farmers' market may be conducted in the P-PF zoning district, provided they are carried on in accordance with the limitations hereinafter set forth, and provided an approved minor use permit and site plan review is granted by the Director of Community Development.

a.

An established set of operating rules addressing the governance structure of the market, hours of operation, and days of the week, maintenance, and security requirements shall be permitted and approved under the minor use permit (MUP) application and site plan review.

b.

A MUP approval letter, a master site plan, as well as the conditions of approval, shall be posted in a conspicuous place at the market site.

c.

The organization responsible for governing or operating the farmers market shall obtain a business license and shall post the business license in a conspicuous place at the site.

d.

At least 51 percent of the vendors displaying inventory of the products sold in each farmers market are selling fresh fruits and vegetables.

e.

Fifteen percent or fewer vendors are non-food vendors (i.e. handmade crafts, art exhibits, informational booths, etc.).

f.

The organization governing or operating the farmers market shall provide access to adequate sanitary facilities, including restrooms and/or portable sinks and toilets. Operation of the farmers market shall not obstruct the safe flow of vehicular or pedestrian traffic on or around the market site.

g.

The sale of, or consumption of, alcoholic beverages on the market site is prohibited.

h.

The sale of second-hand merchandise is prohibited.

i.

Portable shelters (e.g.: EZ up shelters) with an area no larger than ten feet by ten feet are allowed in designated market areas. Any shelter larger than ten feet by ten feet must be approved under the MUP application and may require review by the Building and Safety Division.

j.

Animals, other than law enforcement dogs and assistance animals for the disabled (e.g.: Service Animals) are not allowed on the market site.

k.

A medical cannabis dispensary shall not be permitted pursuant to this section.

l.

The Director of Community Development shall have the authority to determine other market activities, in addition to those specifically listed in this article, which may be permitted, or conditionally permitted, in his or her judgment supported by specific written findings in Division 16, Article II.

(Ord. No. 1899, § 10, 7-26-22)

(a)

Single-family dwelling. All development standards, with the exception of minimum lot size, for a single-family dwelling shall be the same as established for the R-E (residential estate) zoning district. Minimum lot size requirements shall be as established by Table No. 30-613.

(b)

All other uses. The development standards set forth in Table No. 30-613 shall apply to uses other than a single-family dwelling.

Notes:

* A total aggregate of 35 feet of side yard shall be provided.

(a)

OS-N and OS-R zoning districts. Within the OS-N and OS-R zoning districts, the level of landscaping to be provided shall be determined through the entitlement process. Landscaping shall be used to screen utility substations, fences, and parking facilities.

(b)

P-PF zoning district—Landscaping. Within the P-PF zoning district, all required street setbacks shall be landscaped in accordance with provisions in Article X. In no event shall the on-site parking encroach within the setback area.

(c)

P-PF zoning district—Outdoor storage. Within the P-PF zoning district, the outdoor storage of material and equipment shall be permitted only within an area surrounded by a wall at least eight feet in height with gates capable of being locked; provided, however, the storage area shall not be located in any required setback area. Within such storage area, except for trucks and other vehicles necessary for the operation, no materials or equipment shall be stored to a height greater than eight feet.

(d)

P-PF zoning district—Screening. Within the P-PF zoning district, a eight-foot solid wall shall be required where the side or rear property line of a site adjoins a residential zoning district.

(a)

OS-N And OS-R zoning districts. Within the OS-N and OS-R zoning districts, the only on-premises signs permitted shall be directional signs and identification signs. The signs shall be limited in size and location as provided for in Chapter 3 of the Municipal Code. The signs shall be low-level and unobtrusive and shall conform to the character of the open space use, as well as to the design theme of any buildings located on the site.

(b)

P-PF zoning district. Within the P-PF zoning district, on-site signs are permitted to the standards outlined in Chapter 3 of the Municipal Code.

All development within the open space and public facility zoning districts shall be suitable and architecturally treated to be consistent and compatible with the surrounding existing or future planned development. Where architectural treatment is infeasible, total screening from public view shall be required.

These guidelines apply to all new open space and public facility development, as well as to additions, remodeling, and relocation of existing structures.

(a)

Grading and drainage.

(1)

Graded slopes shall meet Uniform Building Code.

(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 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 required an erosion control management plan.

(b)

Building orientation.

(1)

All buildings shall be sited and oriented to reduce noise, light and glare, visual, and other conflicts.

(2)

Refuse/recycle collection and loading areas shall be located in areas where noise from such operations will not adversely impact adjacent residential uses.

(3)

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

(4)

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

(5)

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

(6)

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.

(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 screen from public view.

(c)

Pedestrian access and circulation.

(1)

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.

(2)

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

(3)

All new development shall be accessible to persons with disabilities as required elsewhere in this Development Code.

(d)

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 over-all site and building design.

(4)

All lighting shall comply with Fontana Police Department security requirements.

(e)

Utilities.

(1)

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

(2)

Transformers, utility pads and telephone boxes shall be screened with walls and vegetation to the extent feasible, subject to approval of the Director of Planning.

(3)

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

(f)

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.

(Ord. No. 1865, § 8(Att. 2), 3-23-21; Ord. No. 1970, § 4(Exh. A), 6-10-25)