FROM:
Planning Department
SUBJECT:
Title
Master Case No. 19-000016R1: Development Agreement No. 19-000002R1 - A request to approve the first amendment to the Goodman Logistics Center Fontana III Development Agreement to extend the term of the agreement and add sustainability features, finding that the project was adequately analyzed in the previously certified Goodman Logistics Center Fontana III Environmental Impact Report (EIR) (State Clearinghouse [SCH] NO. 2019039071) and the subsequent addendum, determining pursuant to CEQA guidelines Section 15162, no subsequent or supplemental EIR is required and direct staff to file of Notie of Determination.
End
RECOMMENDATION:
Recommendation
1. Determine that the development agreement amendment together with the underlying project were adequately analyzed in the previously certified Goodman Logistics Center Fontana III Environmental Impact Report (EIR) (State Clearinghouse [SCH] No. 2019039071), along with a subsequent March 2021 Addendum, and pursuant to CEQA Guidelines Sections 15162 and 15164, no subsequent or supplemental EIR is required because there are no substantial changes in the project or its circumstances, and no new information of substantial importance has been identified that would result in any new or more severe significant environmental impacts; and
2. Waive full reading and introduce for first reading by title only Ordinance No. 1990 entitled: “An Ordinance of the City Council of the City of Fontana, California, Approving Development Agreement No 19-000002R1 for Assessor’s Parcel Numbers: 0255-091-20, -23, -63, -64, and -65.
End
COUNCIL GOALS:
• Promote economic development by pursuing business attraction, retention, and expansion.
• Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
DISCUSSION:
BACKGROUND
On April 21, 2020, the Planning Commission recommended that the City Council adopt Development Agreement No. 19-000002 under MCN No. 19-000016, for an industrial commerce center development comprised of three buildings with associated improvements. The Agreement provided for a public benefit fee in the amount of six million dollars ($6,000,000).
On June 23, 2020, the City Council adopted Development Agreement No. 19-000002 under MCN No. 19-000016. for an industrial commerce center development project along with a public benefit fee and certified the Goodman Logistics Center Fontana III Environmental Impact Report (EIR) (State Clearinghouse (SCH) No. 2019039071).
On April 20, 2021, the Planning Commission approved MCN No. 21-000002, which included approval of Tentative parcel Map 20354, Conditional Use Permit 21-001 and Administrative Site Plan 21-002 along with an Addendum to the EIR to subdivide the southern portion of the site and establish a tractor trailer parking lot.
On May 5, 2026, the Planning Commission considered an amendment to Development Agreement No. 19-000002 (AGR No. 19-000002R1) for GLC Fontana III, LLC. A public communication was included in the Planning Commission packet (Attachment No. 2) requesting that a commenter’s property be included for a land use redesignation from Residential Planned Community (R-PC) to a Commercial Designation in conjunction with this application; however, the current application is solely for an amendment to the Goodman Development Agreement and does not include any General Plan Amendments or Zone Changes to redesignate property. In addition, at the Planning Commission hearing, an adjacent property owner at 11229 Cypress Avenue provided public testimony expressing concerns about truck traffic along Cypress Avenue. After considering public comments, the Planning Commission unanimously voted to adopt a resolution recommending that the City Council approve the Development Agreement Amendment.
ANALYSIS:
The proposal is a request from GLC Fontana III, LLC. for an amendment to Development Agreement No. 19-000002. This development agreement was originally approved with MCN No. 19-000016 which included the development of an industrial commerce center project consisting of three (3) buildings along with associated improvements for a property generally located between Cypress Avenue and Juniper Avenue, north of Jurupa Avenue, (APNs: 0255-091-20, -23, -63, -64, and -65). The applicant is requesting that the City Council approval a first amendment to this Agreement to extend the term of the agreement and to add sustainability features.
The initial Development Agreement approved by City Council on June 23, 2020, included a 10-year term that became effective on March 9, 2021. This first amendment to the Development Agreement provides for an extension of ten (10) additional years from the effective date for a total term of twenty (20) years, thus modifying the previous expiration date of March 9, 2021 to the new expiration date of March 9, 2041. The project was approved prior to the adoption of Ordinance No. 1891 that required sustainability standards for industrial Commerce Centers. Thus, this project was not subjected to these requirements in Ordinance No. 1891 when it was approved on June 23, 2020.
The proposed amendment to the Development Agreement includes requirements for adding sustainability features to portions of the project that have not been constructed. Currently one (1) of the three (3) buildings for the project have been constructed and has been in operation since October 2021. The sustainability features to be included for the two (2) remaining buildings include but are not limited to: a requirement for a truck routing plan; larger trees; improved emissions standards for on-site motorized operational vehicles; lower VOC paints/coatings; incorporation of highest available CARB Tier rating for construction equipment; and property owner to provide facility operators with information on incentive programs such as the Carl Moyer Program, voucher incentive program, and United States Environmental Protection Agency's SmartWay Program. A complete detailed list of these features are included in the First Amendment to the Goodman Logistics Center Fontana III Development Agreement (Exhibit A of Attachment No. 1), and the Planning Commission packet is included as Attachment No. 2.
Environmental:
Pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.06 of the City of Fontana’s 2019 Local CEQA Guidelines of the Goodman Logistics Center Fontana III Environmental Impact Report (EIR) (State Clearinghouse [SCH] No. 2019039071) along with a subsequent March 2021 Addendum has been prepared for this proposed project. The aforementioned EIR was adopted by the City Council on June 23, 2020 and the Addendum was approved by Planning Commission on April 20, 2021. These documents anticipated the development of the site for a commerce center development and industrial uses along with a development agreement and they also adequately identified any potential impacts associated with this project. No new additional impacts beyond what was anticipated in the EIR mentioned above were identified.
ATTACHMENTS:
Attachment No. 1 - Ordinance
Attachment No. 2 - Planning Commission Packet
Attachment No. 3 - Draft Planning Commission Minutes
Attachment No. 4 - Public Hearing Notice
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.