FROM:
Planning Department
SUBJECT:
Title
Appeal No. 24-007: Request to overturn the Planning Commission’s April 2, 2024 decision adopting a Mitigated Negative Declaration and Mitigation, Monitoring, and Reporting Program and approving Tentative Parcel Map No. 22-034 (TPM No. 20669) and Design Review No. 22-065 , for a proposed mixed-use development comprised of 437 residential units with 4,000 square feet of commercial retail area on approximately 11.21 acres located east of Cypress Avenue, south of Valley Boulevard, north of Interstate (I) 10, and west of Juniper Avenue (APNs: 0251-171-19, 0251-321-17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27 and -35).
End
RECOMMENDATION:
Recommendation
Deny Appeal No. 24-007, thereby upholding the Planning Commission’s decision on April 2, 2024, approving, pursuant to the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP), a Tentative Parcel Map No. 22-034 (TPM No. 20669) and Design Review No. 22-065 to consolidate thirteen (13) parcels (APNs: 0251-171-19, 0251-321-17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27 and -35) totaling approximately 11.6 gross acres into two (2) parcels (Parcel No. 1 is approximately 5.55 acres and Parcel No. 2 approximately 5.66 acres) for the construction of a mixed-use development consisting of 437 residential units and 4,000 square feet of retail space on approximately 11.21 acres located east of Cypress Avenue, south of Valley Boulevard, north of Interstate (I) 10, and west of Juniper Avenue.
End
COUNCIL GOALS:
• Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by construction of affordable high-quality multi-family housing.
• Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.
• Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
• Enhance the local environment for future generations and create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.
DISCUSSION:
On April 9, 2024, the City received an application for an appeal (Appeal No. 24-007) from Lozeau Drury LLP. The application is a request to overturn he Planning Commission adoption of a Mitigated Negative Declaration (MND) and Monitoring, and Reporting Program (MMRP) and approval of the consolidation of thirteen parcels into two parcel and development of a mixed-use multifamily project with 437 residential units and 4,000 square feet of retail space (Jefferson Fontana Apartment Project or Project).
The Planning Commission adopted the Project MND and MMRP, and pursuant to that approved Project entitlements including Tentative Parcel Map No. 22-034 (TPM No. 20669) and Design Review No. 22-065 for the consolidation of thirteen parcels into two parcels and development of a mixed-use multifamily project with 437 residential units and 4,000 square feet of retail space on approximately 11.15 acres located east of Cypress Avenue, south of Valley Boulevard, north of Interstate (I) 10, and west of Juniper Avenue (APNs: 0251-171-19, 0251-321-17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27 and -35).
Background:
The Planning Commission held a public hearing on April 2, 2024, and adopted an MND and MMRP for the Project and approved Tentative Parcel Map No. 22-034 (TPM No. 20669) and Design Review No. 22-065, via its adoption of Resolution PC Number 2024 - 025, with a vote of 4-0. The staff report and attachments for the April 2, 2024 Planning Commission hearing for this Project, along with meeting minutes, are included as Attachments 4 and 5, respectively, to this staff report.
The MND for the Project was made available for the public review at the City’s website: <https://www.fontanaca.gov/2137/Environmental-Documents> (Jefferson Fontana Apartment Project) and at the front counter and reviewed by the Planning Commission at the April 2, 2024.
Appeal:
Subsequent to the Planning Commission April 2, 2024 approval, the City received an appeal application on April 9, 2024 from Lozeau Drury LLP, on behalf of Supporters Alliance for Environmental Responsibility (SAFER), (Appeal No. 24-007) and associated appeal letter (Attachment No. 2).
In summary, SAFER’s letter includes assertions that there is substantial evidence that the Project may have a significant air quality impact, greenhouse gas impact; and a significant health risk Impact.
The Project environmental consultant (Dudek), who prepared the MND for the Project has prepared detailed written responses to each of SAFER’s claims regarding potential environmental impacts and provided substantial evidence to the City supporting the determination that the claims have been considered, are without merit, and that the MND prepared for the Project complies with the provisions in CEQA. The responses are included with Attachment No. 2.
FISCAL IMPACT:
None
MOTION:
Approve staff recommendation.
ATTACHMENTS:
1. Vicinity Map
2. Appellant letter (Lozeau Drury LLP) and Response Memorandum
3. Planning Commission Comments from Lozeau Drury LLP and Response Memorandum (November 20, 2024) Mitchell M. Tsai (November 20, 2024 and December 15, 2023)
4. Planning Commission Comments from Lozeau Drury LLP and Response Memorandum (April 2, 2024)
5. Planning Commission April 2, 2024 Public Hearing Packet
6. Planning Commission Minutes
7. Clerk of the Board Fee Receipt and NOD
8. Public Hearing Notice