RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA, APPROVING ACCEPTANCE OF THE GRANT DEED FROM THE IDIL WEST VALLEY LOGISTICS CENTER, L P (“WVLC”) OF THE
PROPERTY IDENTIFIED AND DEPICTED IN EXHIBIT A AND B TO THIS
RESOLUTION, AND EXECUTION OF THE COVENANT AND AGREEMENT REGARDING OPEN SPACE AND REIMBURSEMENT AGREEMENT (“OPEN SPACE AGREEMENT”) BETWEEN WVLC, WEST VALLEY LOGISTICS
CENTER OWNERS’ ASSOCIAT ION, INC. (“OA”) AND THE CITY , AND
FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO ANY AND
ALL OTHER DOCUMENTATION IN FURTHERANCE OF THE CITY
COUNCIL’S APPROVAL CONTAINED HEREIN, AND FINDING THE SAME
EXEMPT FROM CEQA
WHEREAS, on March 12, 2019, following application for a project consisting of approximately 291.31 acres of industrial uses, known as the “West Valley Logistics Center filed on or about November of 2011, the City of Fontana (the “City”) adopted Resolution No. 2019-039 certifying an Environmental Impact Report (SCH # 2012071058) for the West Valley Logistics Center Specific Plan (“EIR”); adopting environmental findings pursuant to the California Environmental Quality Act; and adopting a statement of overriding consid erations and a mitigation monitoring and reporting program;
WHEREAS, on March 12, 2019 and March 26, 2019 the City adopted and approved Ordinance N os. 1800, 1801 and 1802 and Resolution Nos. 2019-040 and 2019 -041 approving, among other actions, a Zone Change, Specific Plan Amendment, and a Development Agreement for the West Valley Logistics Center project; and WHEREAS, WVLC desires to irrevocably dedicate and convey title in fee to the City (“Grant Deed”) that real property of approximately 70 acres, more fully described in Exhibit A (“Legal Description”) and depicted in Exhibit B (“Depiction”) (“Property”), incorporated herein by this reference; and
WHEREAS, in conjunction with the acceptance of the Grant Deed for the Property, City, WVLC and the OA (a non-profit entity formed on or about February 15, 2022, under the laws of the State of Georgia ) desire to enter into that Covenant and Agreement Regarding Open Space and Reimbursement (“Open Space Agreement”), setting forth certain obligations (covenants) including, but not limited to, prohibitions on the current and future uses of the Property and reimbursement of costs and expenses that may be incurred by the City , i n perpetuity, for maintenance of the Property; and
WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the lead agency is required to review any changed circumstances to d etermine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines Section 15162 require additional environmental review; and
WHEREAS, staff evaluated the proposed Open Space Agreement in light of the standards for subsequent environmental review outlined in Public Resources Code section Resolution No. 2022-____
21166, State CEQA Guidelines section 15162 and City of Fontana’s 2019 Local G uidelines for Implementing CEQA; and
WHEREAS, based on that evaluation, staff concluded that the EIR fu lly analyzed and mitigated, where feasible, all potentially significant environmental impacts, if any, that would result from the Open Space Agreement , and therefore, no subsequent EIR or mitigated negative declaration is required; and
WHEREAS, staff has determined that acceptance of the Grant Deed for the Property is in the best interests of the City and its residents, in order to ensure that c ertain environmental requirements are met and that the Property is maintained in a clean, safe, and appropriate condition, for the benefit of residents, visitors and others; WHEREAS, all legal prerequisites for acceptance of the Grant Deed and the adoption of this Resolution have occurred, including, but not limited to, a determination of General Plan consistency made by the Planning Commission under Government Code Section 65402; and WHEREAS, the City Council now wishes to approve acceptance of the Grant Deed and execution of the Open Space Agre ement and, if required, authorizing the City Manager to enter into any and all other documentation in furtherance of the City Council’s approval.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fontana, California, as follows:
Section 1: The above Recitals are true and correct and by this reference incorporated herein.
Section 2: The City Council hereby approves and authorizes the acceptance of the Grant Deed from the WVLC irrevocably dedicating the Property in fee to the City.
Section 3. The City Council also hereby approves and authorizes execution of the Covenant and Agreement Regarding Open Space and Reimbursement (“Open Space Agreement”) between the WVLC, the West Valley Logistic Center Owners’ Association, Inc. (“OA”) and the City, attached and incorporated herein by this reference as Exhibit C, with any minor, technical changes as may be approved by the City Attorney.
Section 4: The City Manager is further authorized to execute any and all documents necessary to consummate acceptance of the Grant Deed and execution of the Open Space Agreement on behalf of the City.
Section 5: Compliance with California Environmental Quality Act. As the decision - making body for the Project, the City Council has reviewed and considered the EIR, any oral or written comments received, and the administrative record prior to making any decision on the Open Space Agreement . The City Council finds that th e EIR contains a complete and accurate reporting of all of the environmental impacts associated with the Open Space Agreement.
Section 6. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report. Based on the substantial evi dence set forth in the record, including but not limited to, the EIR, and all related information presented to the City Council, the Council finds Resolution No. 2022-____
that the Open Space Agreement does not necessitate any modifications to the EIR. Therefore, the City Council further finds that the preparation of a subsequent or supplemental EIR is not required for the Open Space Agreement because it:
A. will not result in substantial changes that would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and B. will not result in substantial changes with respect to the circumstances under which the Open Space Agreement are developed that would re quire major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and C. does not present new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the EIR documents were certified showing any of the following:
(i) the Open Space Agreement would have one or more significant effects not discussed in the EIR;
(ii) that significant effects previously examined would be substantially more severe than shown in the EIR;
(iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce o ne or more significant effects, but the lead agency declined to adopt such measures; and
(iv) that mitigation measures or alternatives considerably different from those analyzed would substantially reduce one or more significant effects on the environment, but which the lead agency declined to adopt.
Section 7. Findings on Environmental Impacts. The Council finds that all environmental impacts of the Open Space Agreement have been addressed within the EIR.
The City Council finds that no new or additional mitigation measures or alternatives are required. It further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Open Space Agreement may result in any significant environmental impacts beyond those analyzed in the EIR.
Section 8: If any section, subsec tion, clause or phrase in this R esolution or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of thi s resolution or the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.
Resolution No. 2022-____
APPROVED AND ADOPTED on this 26th day of July, 2022.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 26th of July, 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
Exhibit “A”
Legal Description
Exhibit B
Depiction
Exhibit C
Open Space Agreement