FROM:
Planning Department
TITLE:
Title
Draft Subsequent Environmental Impact Report (Draft SEIR) for Master Case No. 23-059, a request to receive comments on the Draft SEIR, State Clearinghouse No. 2023070065, for the development of two industrial commercial center buildings for the Cherry Commerce Center project, which includes an approximately 477,480 square foot building, and an approximately 221,953 square foot building, on approximately 29.4-gross acres. (Continued from December 19, 2023)
End
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Open the public hearing on the Draft SEIR prepared for the Cherry Commerce Center Project to receive comments from the public; 2) Provide any Planning Commission comments on the Draft SEIR; and 3) Direct staff to address all comments received on the Draft SEIR within the Final SEIR.
APPLICANT:
Kimley-Horn
3801 University Avenue, Suite 300
Riverside, CA 92501
LOCATION:
The Project site is located at the northeast corner of Cherry Avenue and Jurupa Avenue, encompassing two parcels comprised of approximately 29.4 gross acres (APNs) 0236-191-14 & 0236-191-25.
REQUEST:
This request is to receive comments on the Draft SEIR State Clearinghouse No. 2023070065, for the development of two new industrial commercial center buildings totaling approximately 699,433 square feet over approximately 29.4 gross acres.
PROJECT PLANNER:
George Velarde, Assistant Planner
BACKGROUND INFORMATION:
This project was originally scheduled for the December 19, 2023, Planning Commission meeting and was continued to the January 16, 2024, Planning Commission meeting due to lack of a quorum.

PROJECT DESCRIPTION:
A. Site Area: Approximately 29.4 gross acres
B. FAR Ratio: Maximum allowed: 0.55
Provided: 0.54
C. Buildings Analysis: Office/Mezzanine: 16,000 square feet
Warehouse: 685,433 square feet
Total Area: 699,433 square feet
The purpose of this hearing is to allow the Planning Commission and the public an opportunity to comment on the Draft SEIR for the proposed project; project information is provided for reference purposes only. The final project and Final SEIR will be considered at a public hearing before the Planning Commission at later date.
ANALYSIS:
The Draft SEIR examines the development of two industrial commerce center buildings on the project site with on-site and off-site improvements. The project is comprised of two warehouse buildings with a combined floor area of 699,433 square feet, including 16,000 square feet of office space, on the project site. The project applicant will construct the project pursuant to city standards.
The associated Tentative Parcel Map and Design Review applications are detailed below and will be considered at a future Planning Commission meeting.
Tentative Parcel Map (TPM 20744) No. 23-010:
The proposed map consists of two (2) parcels totaling approximately 29.4 gross acres ([APNs]:0236- 191-14 & 0236-191-25). The purpose of the map is to consolidate the two (2) parcels into one (1) parcel for the purpose of the construction of two new industrial commerce center buildings.
Design Review (DRP) No. 23-013:
The Project would redevelop the site with two (2) new warehouse buildings that would have a footprint of approximately 699,433 square feet combined. Building number one will be 477,480 square feet, including 10,000 square feet of office space, and building number two will be 221,953 square feet including 6,000 square feet of office space.
The development would have a total of 91 loading docks; 62 located on the east side of building one, and 29 located on the west side of building two. All docks will be facing inward and not visible from the roadway. Additionally, landscaping and a perimeter block wall will screen the public view of the buildings and dock areas. Vehicular and truck access would be provided via five (5) driveways: two (2) along Jurupa Avenue, two (2) along Redwood Avenue, and one located in the northeast corner of the site along Cherry Avenue. Truck access would be from a private street accessed from the northern driveway along Redwood Avenue. Most of the truck movement will be within the Project site and would occur within the central truck court of the site.
Environmental:
Southwest Industrial Park Specific Plan Update and Annexation (SWIP SP EIR):
The EIR for the SWIP Specific Plan Update and Annexation is a Program EIR that previously examined the total scope of environmental effects that would occur as a result of buildout of the SWIP Specific Plan area with the land uses designated in the Specific Plan. Once a Program EIR has been prepared, subsequent activities within the program or changes to the program must be evaluated to determine whether additional CEQA documentation needs to be prepared. The key considerations in determining the need for additional CEQA review are outlined in Section 21166 of the Public Resources Code (CEQA) and CEQA Guidelines §15162, which states that no subsequent EIR shall be prepared unless one or more of the following conditions is present:
1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (b) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
Notice of Preparation (NOP):
Although the Proposed Project is consistent with the SWIP Specific Plan and the land use designations for the site, the Project includes the development and operation of two (2) warehouse buildings that may involve new significant environmental effects or a substantial increase in the previously identified effects. The City of Fontana has prepared a Draft SEIR that evaluates the potential of the proposed Project that may result in new or substantially greater impacts than previously identified in the SWIP Specific Plan EIR. The Notice of Preparation (NOP) was prepared and circulated from Friday, July 7, 2023, to Monday, August 7, 2023.
Draft Subsequent EIR:
After preparation and distribution of the NOP, the Draft SEIR was prepared for the project. The environmental analysis contained in the Draft SEIR is based on the findings of the SWIP EIR, and specific studies undertaken for the city by qualified environmental scientists, specialists, and consultants for this proposed project. The Project specific technical studies address air quality, greenhouse gas emissions, noise, transportation, and tribal cultural resources. The Draft SEIR along with specific technical studies are made available for the public review at the City’s website:
<https://www.fontanaca.gov/2137/Environmental-Documents>
The Draft SEIR describes the potential environmental impacts of the proposed project and mitigation measures that minimize the project impacts on the environment. The scope of the Draft SEIR included analysis of the topical areas identified in the 2023 CEQA Environmental Checklist form and issues raised by outside agencies, organizations, and individuals in response to the NOP that could have the potential to result in new or increased significant impacts, beyond those identified in the SWIP EIR. These include potential impacts related to the following topics: air quality, energy, greenhouse gas emissions, noise, transportation, and tribal cultural resources.
According to the analysis in the Draft SEIR and supporting studies, even with incorporation of proposed mitigation measures, impacts to greenhouse gas emissions, would remain significant and unavoidable. Consequently, as a result of the proposed project the significant impacts will require a Statement of Overriding Consideration (SOC).
Alternatives:
As required by CEQA, an EIR shall describe a range of reasonable alternatives to the project which meets the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives. The alternatives evaluated for this proposed project include “No Project”, “Reduced Project”, and “Single Building/Cross Dock Alternative”.
Draft Subsequent EIR Circulation:
The Draft SEIR has been circulated for the 45-day public review period beginning on December 7, 2023, and will end on January 22, 2024. Any comments received at the Planning Commission hearing will be addressed in the Final SEIR.
The Draft SEIR is available for the public review at the City’s website:
<https://www.fontanaca.gov/2137/Environmental-Documents>
MOTION:
Open public hearing to receive comments on the Draft SEIR for the Cherry Commerce Center Project, and direct staff to address those comments in the Final SEIR
ATTACHMENTS:
Attachment No. 1 - Vicinity Map
Attachment No. 2 - Site Plan
Attachment No. 3 - Public Hearing Notice