Statement on Planned Parenthood v. City of Fontana et al.

Fontana - April 4, 2024 Planned Parenthood of Orange and San Bernardino Counties filed a legal action against the city of Fontana in San Bernardino Superior Court on December 4, 2023, alleging that an ordinance enacting a temporary moratorium on the issuance of building permits in a downtown area is "illegally blocking the construction of a Planned Parenthood health center." The ordinance is neither illegal nor targeted toward blocking the construction of a Planned Parenthood health center. Rather, it is part of a broader, thoughtful community planning effort to promote economic development throughout the city and contribute towards the revitalization of downtown Fontana.
In furtherance of its authority to ensure consistency with the General Plan under Government Code section 65300, et seq., the City adopted findings at a public hearing on September 5, 2023, that without the enactment of this Ordinance, multiple applicants could quickly receive entitlements that would allow for uses contrary to the City's General Plan, resulting in, among other things, uncoordinated and conflicting developments.
"The City makes its best effort to engage in thoughtful community planning, which is paramount in shaping the future of our downtown area. The temporary moratorium allows us the necessary time to conduct a thorough study aimed at revitalizing Downtown Fontana," said Mayor Acquanetta Warren.
Temporary Moratorium Based on Comprehensive Land Study on Revitalizing Downtown Fontana
In late 2021, the City initiated a comprehensive study aiming to foster new residential development and establish a commercial entertainment district at the City's core. With Fontana experiencing a surge in development, City staff advised, and the City Council agreed, to temporarily halt new projects on key sections of Sierra Avenue and Foothill Boulevard. This pause allows for a detailed land use analysis by an external consultant. The ongoing study will assess all commercial properties within the affected corridors, aiming to offer recommendations to the Planning Commission and City Council on specific uses to enhance economic growth.
The pause on new developments is projected to expire in late July unless an extension is required to complete the study and consider the recommendations. The City estimates more than 70 applicants were affected at the time of adoption.
Planned Parenthood Litigation Background
After the City extended the temporary moratorium, Planned Parenthood filed a lawsuit. Given the sensitivities imposed by pending litigation, the City must limit public comment on this matter to the following:
· Fontana is firmly committed to upholding the rule of law and protecting the rights of all its residents. The temporary moratorium on development advances the City's commitment to these principles and does not hinder Planned Parenthood or any healthcare provider from lawfully offering their services. Healthcare providers and other businesses can operate and provide their services in locations within the City that are not affected by the current moratorium provided that they do so lawfully. The City's aim is to ensure that healthcare services remain accessible to the community while it undertakes comprehensive planning efforts for the City's development.
· The moratorium will conclude after the study is completed. While it is premature to speculate on the study's recommendations, if the study finds healthcare operations in the impacted corridors furthers the City's objectives, healthcare providers, including Planned Parenthood, may continue to pursue permitted approval to operate at a location within the area.
· The City remains committed to working with all stakeholders, including Planned Parenthood while pursuing responsible development strategies. As the land use study progresses, the City will continue to engage with the community and prioritize the well-being of all residents.

FAQ: Temporary Development Moratorium

Q: How can I provide feedback on the city's planning efforts?

A: The City values public input on its planning projects. While we cannot comment on pending litigation, we encourage feedback on the land use study regarding the city's primary economic corridors. Public comment will be solicited upon completion of the study, which will be presented before the City Council and made available to the public later this year. Click on the link below to learn more about the City's downtown revitalization planning initiatives currently underway:

https://www.fontanaca.gov/3580/Downtown-Core-Project

Q: What led to the current planning efforts for downtown?

A: In an effort to rejuvenate the downtown area, the City launched a comprehensive land use study in late 2021. This study aimed to foster new development by rezoning parts of downtown, with a focus on creating new housing opportunities as well as an entertainment and arts district. It underscored the necessity to closely examine zoning and land use along the key downtown gateways.

Q: Which areas are affected by the development moratorium?

A: To conduct an extensive land use analysis, the City has temporarily halted new development in specific areas, including Sierra Avenue and Foothill Boulevard. This pause allows our third-party consultant to evaluate commercial properties within these zones thoroughly, aiming to provide actionable recommendations for economic growth.

Q: When is the moratorium expected to end?

A: The current pause on certain new developments is slated to end in late July 2024. However, this temporary period could be extended if necessary. During this time, impacted applicants may seek permits in other areas of the City not affected by the moratorium.

Q: What does this mean for healthcare providers in the area?

A: Healthcare services are vital to Fontana, serving as a key aspect of community well-being and employment. While the temporary moratorium is in place, healthcare providers, including Planned Parenthood, may still operate within the City.

Q: Are there healthcare options in the City of Fontana?

A: Health care is the number one employer sector in the City of Fontana with a workforce of more than 11,000 individuals serving Fontana. The City of Fontana is host to Kaiser Permanente's largest healthcare facility in the State. San Antonio Hospital also has a presence in the City of Fontana. In total, there are more than 100 healthcare providers located within the City of Fontana.

Arrowhead Regional Medical Center (ARMC) also provides several clinics throughout the region including the newly constructed Family Health Center located at 16888 Baseline Avenue, Fontana. ARMC is committed to providing quality health care to the community and aiding persons who have health care needs and are uninsured or underinsured through their Financial Assistance Program (FAP). ARMC strives to ensure that the financial capacity of those who need health care services does not prevent them from seeking or receiving care.

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