FROM:
Planning Department
SUBJECT:
Title
Appeal No. 25-0001: Request to overturn the Planning Commission’s June 3, 2025 decision certifying a Final Environmental Impact Report (State Clearinghouse Number 2023030788) and adopting a Mitigation, Monitoring, and Reporting Program, and approving Tentative Parcel Map No. 22-000025 (TPM No. 20611) and Design Review No. 22-000051 for the consolidation of six (6) parcels into one parcel and the vacation of Windflower Avenue and the development of an industrial warehouse building totaling approximately 398,514 square feet on approximately 18.3 acres located between Sierra Avenue and Mango Avenue, approximately 1,300 feet south of Summit Avenue (Assessor Parcel Numbers: 1119-241-10, -13, -18, -25, -26, and -27).
End
RECOMMENDATION:
Recommendation
Deny Appeal No. 25-0001, thereby upholding the Planning Commission’s decision on June 3, 2025 approving, pursuant to the certification of a Final Environmental Impact Report and adoption of a Migitation Monitoring and Reporting Program, Tentative Parcel Map No. 22-000025 (TPM No. 20611) and Design Review No. 22-000051 for the consolidation of six (6) parcels into one parcel and the vacation of Windflower Avenue and development of an industrial commerce building totaling approximately 398,514 square feet on approximately 18.3 acres located between Sierra Avenue and Mango Avenue, approximately 1,300 feet south of Summit Avenue (APN Nos.: 1119-241-10, -13, -18, -25, -26, and -27).
APPELLANT / APPEAL APPLICANT:
Appeal No. 25-0001: Golden State Environmental Justice Alliance, 765 N. Main Street, Ste. 151, Corona, CA 92880.
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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 June 16, 2025, the City received an application for an appeal (Appeal No. 25-0001) from Golden State Environmental Justice Alliance. The application is a request to overturn the Planning Commission certification of a Final Impact Report (“FEIR”) and adoption of a Mitigation Monitoring and Reporting Program (“MMRP”), and approval of the consolidation of six parcels into one, vacation of Windflower Avenue, and development of an industrial warehouse building totaling approximately 398,514 square feet.
Project entitlement includes Tentative Parcel Map No. 22-000025 (TPM No. 20611) and Design Review (DRP) No. 22-000051 along with the certification of an FEIR, (SCH No. 2023030788) and adoption of an MMRP for the consolidation of six (6) parcels into one parcel and vacate Windflower Avenue and development of an industrial warehouse building totaling approximately 398,514 square feet on approximately 18.3 acres between Sierra Avenue and Mango Avenue, approximately 1,300 feet south of Summit Avenue (APN Nos.: 1119-241-10, -13, -18, -25, -26, and -27).
Background:
The Planning Commission held a public hearing on June 3, 2025, and certified the FEIR, (SCH No. 2023030788), adopted an MMRP and a Statement of Facts and Findings for the project, and approved Tentative Parcel Map No. 22-000025 (TPM No. 20611) and Design Review No. 22-000051 along with adoption of Resolution PC Number 2025-019 and Resolution PC 2025-020, with a vote of 3-0. The staff report and attachments for the June 3, 2025, Planning Commission hearing for the project, along with meeting minutes, are included as Attachment Nos. 3 and 4, respectively, to this staff report.
The EIR for the Sierra Distribution Facility Project (SCH No. 2023030788) 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 June 3, 2025, regular meeting.
Appeal:
Subsequent to the Planning Commission’s June 3, 2025, approval, the City received an appeal application. In summary, the appellant claims that the EIR does not accurately or adequately describe the project as “the whole of an action.” The appellant alleges that the EIR mislead the public and decision makers by circumventing an adequate and accurate environmental analysis for the entire scope of construction and operation. The appellant also asserts that the Planning Commission should have requested a revised EIR to include more information on the whole of an action and status of the vacation of Windflower Avenue. The applicant’s letters state that the Planning Commission’s findings and approval of the Project are unsupported by substantial evidence, namely the Project’s alleged piecemealing, inadequate environmental analysis, that the EIR did not provide accurate site plan, floor plan, conceptual grading plans, building elevations, and project narrative for public review, a failure to provide information on the vacation of Windflower Avenue, that the EIR does not include analysis relevant to environmental justice, and that the health risk impacts associated with construction and operation of the Project may be underestimated and inadequately addressed. Responses to the letters have been prepared to address the issues raised by the appellant.
The project environmental consultant (Kimley-Horn), who prepared the EIR for the Sierra Distribution Facility building project, has prepared written responses to the applicant’s claims. The responses explain why the claims raised in the Golden State Environmental Justice letter were not significant and the EIR was created adequately. Also, the detailed response to the claims raised in the appeal finds that none of the comments provide substantial evidence to support any revisions to the EIR or requires the revision of any of the findings made by the Planning Commission.
FISCAL IMPACT:
None.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
1. Vicinity Map
2. Appellant Letter - Golden State Environmental Justice Alliance & Response Memorandum
3. Applicant’s Environmental Consultant Response to Appeal Letter
4. Planning Commission June 3, 2025, Packet
5. Planning Commission Minutes of June 3, 2025
6. Clerk of the Board Fee Receipt and NOD
7. Public Hearing Notice