FROM:
Planning Department
SUBJECT:
Title
Appeal No. 24-003, Appeal No 24-004, and Appeal No. 24-006: Requests to overturn the Planning Commission’s decision on March 19, 2024, approving Tentative Parcel Map No. 21-007 (TPM No. 20456) and Design Review No. 21-013 certifying a Final Environmental Impact Report (FEIR), State Clearinghouse Number (SCH No.) 202112059 and adopting a Mitigation, Monitoring, and Reporting Program (MMRP) for the consolidation of 22 parcels into one parcel and the development of an industrial warehouse building totaling approximately 623,460 square feet on approximately 29.8 acres on the northwest corner of Slover Avenue and Cypress Avenue (APNs: 0251-163-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, & -13, and 0251-164-03, -04, -10, -11, -12, -14, -15, -16, -20, -23, & -25).
End
RECOMMENDATION:
Recommendation
1. Deny Appeal No. 24-003, Appeal No. 24-004, and Appeal No. 24-006, thereby upholding the Planning Commission’s decision on March 19, 2024 approving Tentative Parcel Map No. 21-007 (TPM No. 20456) and Design Review No. 21-013 along with the certification of a Final Environmental Impact Report (EIR), State Clearinghouse Number (SCH No. 202112059) and adoption of a Mitigation, Monitoring, and Reporting Program (MMRP) for the consolidation of 22 parcels into one parcel and development of an industrial commerce building totaling approximately 623,460 square feet on approximately 29.8 acres located at the northwest corner of Slover Avenue and Cypress Avenue (APNs: 0251-163-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, & -13, and 0251-164-03, -04, -10, -11, -12, -14, -15, -16, -20, -23, & -25).
2. Uphold the Planning Commission’s decision to Certify the FEIR, SCH No. 20212059 and adopt the MMRP and direct staff to file a Notice of Determination.
APPELLANTS / APPEAL APPLICANTS:
Appeal No. 24-003: Golden State Environmental Justice Alliance, PO Box 79222, Corona, CA 92877.
Appeal No. 24-004: Advocates for the Environment, 10211 Sunland Boulevard, Shadow Hills, CA 91040.
Appeal No. 24-006: Adams Broadwell Joseph & Cardozo for CARE CA, 520 Capitol Mall, Suite No. 350, Sacramento, CA 95814.
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COUNCIL GOALS:
• Promote economic development by concentrating on job creation.
• Promote economic development by establishing a quick, consistent development process.
• Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
DISCUSSION:
On March 26, 2024, the City received an application for an appeal (Appeal No. 24-003) from Golden State Environmental Justice Alliance; on April 1, 2024, the City received an application for an appeal (Appeal No. 24-004) from Advocates for the Environment; and on April 2, 2024, the City received an application for an appeal (Appeal No. 24-006) from Adams Broadwell Joseph & Cardozo for Californians Allied for a Responsible Economy (CARE CA).
Project entitlement include Tentative Parcel Map No. 21-007 (TPM No. 20456) and Design Review (DRP) No. 21-013 along with the certification of an FEIR, SCH No. 202112059, and adoption of a MMRP for the consolidation of 22 parcels into one parcel and development of an industrial warehouse building totaling approximately 623,460 square feet on approximately 29.8 acres on the northwest corner of Slover Avenue and Cypress Avenue (APNs: 0251-163-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, & -13, and 0251-164-03, -04, -10, -11, -12, -14, -15, -16, -20, -23, & -25).
Background:
The Planning Commission held a public hearing on March 19, 2024, and approved Tentative Parcel Map No. 21-007 (TPM No. 20456) and Design Review No. 21-013 along with certifying the FEIR, (SCH No. 202112059) and MMRP, and a Statement of Facts and Findings for the project with adoption of Resolution PC Number 2024-017 and Resolution PC Number 2024-018, respectively, with vote of 4-0. The staff report and attachments for the March 19, 2024, Planning Commission hearing for the project, along with meeting minutes, are included as Attachments 5 and 6, respectively, to this staff report.
The EIR for the Duke Realty/ PROLOGIS Development Project (SCH No. 202112059) was made available for the public review at the City’s website: <https://www.fontanaca.gov/2137/Environmental-Documents>, front counter, and reviewed by the Planning Commission at the March 19, 2024, regular meeting
Appeal:
Subsequent to the Planning Commission’s March 19, 2024 approval, the City received appeal applications. In summary, the appellant’s letters accompanying the appeal applications claim that there were flaws in the Environmental Impact Report (EIR) and CEQA process and that the Planning Commission should have requested that a new EIR be prepared due to these flaws. The letters state that the Planning Commission’s findings approving the Project entitlements are unsupported by substantial evidence because the Project’s unmitigated impacts would be detrimental to the health and safety of nearby residents. Responses to the letters were prepared to address the issues raised by appellants.
The project environmental consultant (T&B Planning), who prepared the EIR for the Duke Realty/ PROLOGIS commerce building project has prepared written responses to the claims in the Appellants’ letters. Their responses are attached to each letter (Attachments No. 2, 3, and 4). Attachment 2 explains why the claims raised in the Golden State Environmental Justice Alliance appeal were adequately addressed in the Final EIR and, as such, no further responses are necessary. Attachment 3 explains that the claims raised in the Advocates for the Environment appeal were addressed in a March 12, 2024 T&B Memorandum submitted to the Planning Commission, which addressed all the comments now raised in the Appeal and, as such, no further responses are necessary. Finally, Attachment 4 provides detailed responses to the claims raised in the CARE CA appeal and finds that none of the comments provide substantial evidence to support any revisions to the EIR or requires the revision of any of findings made by the Planning Commission.
FISCAL IMPACT:
None
MOTION:
Approve staff recommendation.
ATTACHMENTS:
1. Vicinity Map
2. Appellant Letter - Golden State Environmental Justice Alliance & Response Memorandum
3. Appellant Letter - Advocates for the Environment & Response Memorandum
4. Appellant Letter - Adams Broadwell Joseph & Cardozo for CARE CA & Response Memorandum
5. Planning Commission March 19, 2024 staff report & packet
6. Planning Commission Minutes
7. Clerk of the Board Fee Receipt and NOD
8. Public Hearing Notice