Attachment No. 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FONTANA APPROVING, PURSUANT TO THE CERTIFIED
FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT
REPORT (SCH 2009091089) FOR THE PROJECT ,
APPROVING DEVELOPMENT AGREEMENT (AGR) NO.
24-002 BETWEEN THE CITY OF FONTANA AND
PROLOGIS EXCHANGE 11115 HEMLOCK AVENUE LLC ,
WHICH PROVIDES FOR EXTENDED ENTITLEMENT
TIMING AND ENHANCED ENVIRONMENTAL MEASURES
FOR AN APPROVED INDUSTRIAL COMMERCE CENTER
DEVELOPMENT OF APPROXIMATELY 881,826 SQUARE
FEET ON APPROXIMATELY 40.01 ACRES
WHEREAS, the City Council ( “City Council ”) of the City of Fontana ("City") is authorized by California Government Code sections 65864 et seq. and section 30-322 of the City's Development Code ( “Development Code”) to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and
WHEREAS, the City of Fontana (“the City”) has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum uti lization of public and private resources in the development process, and ensure that appropriate measur es to enhance and protect the environment are achieved; and
WHEREAS, because of the logistics, magnitude of the expenditure, and considerable lead time required to plan and develop the Property, Prologis Exchange 11115 Hemlock Avenue (“Developer”) has proposed to enter into a development agreement concerning the Property located at 11115 Hemlock Avenue (Assessor Parcel Numbers 0237 -131-25,-26 and -27) (th e “Property”) , to provide assurances that the Property can be developed without disruption caused by a change in the City’s planning policies and requirements except as provided in the development agreement, which assurances will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Property; and
WHEREAS, the City and Developer are supportive of entering into Development Agreement No. 24-002 ("AGR No. 24-002”) for the Property which the Developer has fee title; and
WHEREAS, Developer’s interest in the Property, including that interest to be conveyed pursuant to the AGR No. 24-002, constitutes a legal or equitable interest in real property pursuant to California Government Code section 65865; and
WHEREAS, Developer proposes the development of the Property for an industrial building totaling approximately 881,826 square feet to achieve the goals of the City's General Plan (“General Plan”), as further described and conditioned in the AGR No. 24- 002 such development shall be referred to herein as the “Project”); and
WHEREAS, City has found that the AGR No. 24-002 attached hereto as “Exhibit A” and incorporated herein by reference is consistent with City's General Plan and it has been reviewed and evaluated in accordance with Section 30-102 of the City Development Code; and
WHEREAS, City has determined that by entering into the AGR No. 24-002: (i) City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan and (ii) City will benefit from increased employment, industrial opportunities created by the Project for residents of the City; and
WHEREAS, a Final Subsequent Environmental Impact Report (FSEIR) to the previously-certified Final Program Environmental Impact Report (FEIR) for the Southwest Industrial Park (SWIP) Specific Plan Update and Annexation (State Clearinghouse (SCH) No. 2009091089) has been prepared for this project in accordance with Section s 15063 and 15163 of the California Environmental Quality Act (CEQA) and identified th e AGR No. 24-002 as a potential Project approval; and
WHEREAS, on March 19, 2024, pursuant to the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (“CEQA”), and the State CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.) the Planning Commission certified the project FSEIR (SCH #2009091089), and approved the Mitigation Monitoring and Reporting Program (MMRP) with Resolution PC Number 2024 – 020; and,
WHEREAS, on May 14, 2024, the City Council at a public hearing considered and denied Appeal (APL) No. 24 -002 and Appeal (APL) No. 24 -005 to uphold the Planning Commission’s March 19, 2024 decision approving Tentative Parcel Map No. 23-012 (TPM No. 20710) and Design Review (DRP) No. 22 -064 along with the certification of a Final Subsequent Environmental Report (FSEIR) State Clearinghouse Number (SCH No. 2009091089) and adoption of a Mitigation, Monitoring, and Reporting Program, (MMRP), and
WHEREAS, the terms and conditions of the AGR No. 24 -002 have undergone review by City at publicly noticed hearings and have been found to be fair, just and reasonable, and consistent with the General Plan. Further, City found that:
(i) the economic interests of the City's citizens and the public health, safety and welfare will be best served by entering into the Development Agreement;
(ii) the development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property is located;
(iii) the development agreement is consistent with the General Plan;
(iv) the development agreement is in conformity with the public convenience, general welfare and good land use practice;
(v) the development agreement will not be detrimental to the public health, safety and general welfare; and
(vi) the development agreement will not adversely affect the orderly development or the preservation of property values for the Property or any other property; and
WHEREAS, all the notices require by statute and the Fontana Municipal Code have been given as required.
THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Recitals. The City Council hereby incorporates by reference the Recitals set forth herein and adopts those Recitals as its own as though fully set forth in this Ordinance. Pursuant to California Government Code section 65867.5(b), and based on the entire record be fore the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the development agreement is consistent with the General Plan because the AGR No. 24-002 will result in the development of the Property at the intensity and density allowed under the General Plan and with the restrictions and standards set forth in the City's Municipal Code.
SECTION 2. California Environmental Quality Act. Consistent with CEQA and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), EIR (State Clearinghouse No. 2022110389) was prepared for development, including the Tentative Parcel Map and Design Review. The Planning Commission certified the Project SEIR and adopted the MMRP, the City Council, and, based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required, and directs Staff to fi le a Notice of Determination. On May 14, 2024, the City Council at a public hearing considered and denied Appeal (APL) No. 24-002 and Appeal (APL) No. 24 -005 to uphold the Planning Commission’s March 19, 2024 decision approving Tentative Parcel Map No. 23-012 (TPM No. 20710) and Design Review (DRP) No. 22 -064 along with the certification of a Final Subsequent Environmental Report (FSEIR) State Clearinghouse Number (SCH No. 2009091089) and adoption of a Mitigation, Monitoring, and Reporting Program, (MMRP).
SECTION 3. Development Agreement Findings . Based upon the entire record and all written and oral evidence presented, the City Council finds this Ordinance promotes the public health, safety and welfare of the community because the AGR No. 24 -002 will enable needed public improvements at the Property and the economic development of the Property will benefit the citizens of the City.
The City Council further finds that among the public benefits to accrue to the residents of the City as a result of AGR No. 24-002 are:
1. The revitalization of an underdeveloped site.
2. The development of onsite infrastructure upgrades that would not occur otherwise.
3. The generation of additional property tax.
4. The stimulation of adjacent areas in the City by introducing new industrial facility and opportunities.
5. The implementation of numerous City planning and economic development policies which benefit the health and fiscal welfare of the City and its residents.
6. The implementation of enhanced environmental measures.
SECTION 4. Development Agreement Approval. Pursuant to California Government Code sections 65865 et seq., the City Council hereby approves the AGR No. 24-002 between Developer and the City, a copy of which is on file with the City Clerk and attached hereto as “Exhibit A”.
SECTION 5. Recordation. The City Clerk shall cause to be recorded with the San Bernardino County Recorder a copy of the executed development agreement at the time and in the manner provided for in the development agreement.
SECTION 6. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption, and prior to the expiration of the fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Fontana Herald News, a local newspaper of general circulation , published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.
SECTION 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.
SECTION 9. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.
APPROVED and ADOPTED this 28th day of May 2024.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine McClellen Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 14th day of May 2024, and was finally passed and adopted not less than five days thereafter on the 28th day of May 2024 by the following vote to wit:
AYES:
NOES:
ABSENT:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
EXHIBIT "A"
DEVELOPMENT AGREEMENT