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ADDENDUM
REGULAR MEETING AGENDA
OF THE JURUPA VALLEY CITY COUNCIL
Thursday, November 21, 2024
Study Session: 6:00 p.m.
Regular Meeting: 7:00 p.m.
City Council Chamber
8930 Limonite Avenue, Jurupa Valley, CA 92509
SUPPLEMENTAL AGENDA ITEM:
16. COUNCIL BUSINESS
B. INITIATION OF A GENERAL PLAN AMENDMENT AND A SPECIFIC
PLAN AMENDMENT FOR DISTRICT AT JURUPA VALLEY REVISING
THE REQUIREMENTS FOR THE “COMMERCIAL RETAIL --
INTEGRATED USE OVERLAY”
1. Requested Action: That the City Council consider the request of the Developer of the District at Jurupa Valley to initiate an amendment to the General Plan and the District at Jurupa Valley Specific Plan that would revise the requirements of the Commercial Retail--Integrated Use Overlay to provide City with the ability to modify the retail component of the Commercial Retail --Integrated Use Overlay in the event Developer is unable to find a tenant for this use; and
2. Initiate the process for c onsideration of the proposed General Plan Amendment and Specific Plan Amendment for the District at Jurupa Valley through noticed public hearings before the Planning Commission and City Council.
3. Direct Staff to schedule special meetings of the P lanning Commission and City Council to accommodate the Developer’s request that the proposed General Plan Amendment and Specific Plan Amendment be formally considered by the City Council by December 18, 2024.
STAFF REPORT
DATE: NOVEMBER 21, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROD BUTLER, CITY MANAGER
BY: JOE PEREZ, ASSISTANT CITY MANAGER/COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: AGENDA ITEM NO. 16.B
INITIATION OF A GENERAL PLAN AMENDMENT AND A SPECIFIC PLAN
AMENDMENT FOR THE DISTRICT AT JURUPA VALLEY REVISING THE REQUIREMENTS FOR THE “COMMERCIAL RETAIL --INTEGRATED USE OVERLAY”
REQUESTED ACTION:
That the City Council consider the request of the Developer of The District at Jurupa Valley to initiate an amendment to the General Plan and The District at Jurupa Valley Specific Plan that would revise the requirements of the Commercial Retail --Integrated Use Overlay to provide the City with the ability to modify the retail component of the Commercial Retail-- Integrated Use Overlay in the event Developer is unable to find a tenant for this use.
RECOMMENDATION
It is recommended that the City Council consider, by motion: 1) Initiating the process for consideration of the proposed General Plan Amendment and Specific Plan Amendment for the District at Jurupa Valley through noticed public hearings before the Planning Commission and City Council; and 2) Directing Staff to schedule special meetings of the Planning Commission on December 2, 2024 and City Council on December 18, 2024 to accommodate the Developer’s request that the proposed General Plan Amendment and Specific Plan Amendment be formally considered by the City Council by December 18, 2024.
BACKGROUND
On September 7, 2023, the City Council approved a General Plan Amendment, Specific Plan, and Tentative Tract Map for The District at Jurupa Valley project which includes the following components on a 248.3-acre site:
RETURN TO AGENDA
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Up to 1,192 new dwelling units (du) on 42.0 acres
1,472,500 square feet of local neighborhood and regional commercial building square footage on 97.7 acres, including 112,500 square feet of hospitality building square footage (up to 160 hotel rooms) on 5.9 acres
1,500,000 square feet of Industrial/Logistics building square footage on 67.3 acres 30,000 square feet of Business Park building square footage on 7.8 acres 11.1 acres of public park and open space
22.4 acres of public improvements (public streets and parkways; and public facilities)
Figure 1: The District at Jurupa Valley Land Use Plan
As part of the General Plan Amendment for the project, a new General Plan Overlay, the "Commercial Retail -Integrated Use” Overlay , was established, and the Commercial Retail-Integrated Use Overlay was placed on a 52.4-acre portion of the Commercial Retail Land Use Area of the Specific Plan.
The Commercial Retail Land Use Area Overlay allows for an “integrated retail use” which is a business or businesses that combine their various business operations into a single building. Each individual Commercial Retail-Integrated Use would be required to have a minimum of 10% of its total floor area occupied by a retail showroom for display and sale of products to the p ublic and may include the following business operations: product
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assembly/light manufacturing; warehousing; customer pick -up and shipping/receiving.
Examples of this type of use may include a furniture and home goods retail store; a tile store; a carpeting store; a fireplace and mantle store; and similar type businesses that may integrate various components into their operations. The Commercial Retail - Integrated Use Overlay Area covers 52.4 acre of the 70.3 -acre Commercial Retail Land Use Area as illustrated in Figure 1.
ANALYSIS
The District at Jurupa Valley developer has asked the City to initiate an amendment to the General Plan and The District at Jurupa Valley Specific Plan that would revise the policies and requirements of the Commercial Retail-Integrated Use Overlay to provide the City with the ability to modify the retail component of the Commercial Retail-Integrated Use Overlay in the event the Developer is unable to find a single tenant for this use.
The integrated retail concept was proposed by the developer as part of the development of the Specific Plan to accommodate a potential furniture business that would have a showroom to display furniture as well as a warehouse, distribution and assembly space.
The developer intends to design and build a structure that would accommodate the 10% showroom requirement of the Commercial Retail-Integrated Use Overlay. However, in order to provide more flexibility if the developer is not able to secure a tenant for the building whose business operations include both a warehouse and a retail showroom, they are proposing amendments to the Commercial Retail-Integrated Use Overlay in the General Plan and Specific Plan that would allow the City, pursuant to a site developm ent permit, to do the following:
Allow for two different users to occupy the building (i.e. a separate commercial retail use/business to occupy the showroom portion of the building and a separate business to occupy the warehouse and assembly/light manufacturing portion of the building)
Establish requirements for the showroom space to guarantee a minimum sales tax revenue
Require payment of compensation to the City if the commercial retail component is vacant or vacated while the warehouse component is occupied Require the developer to demonstrate that they diligently marketed the property as Commercial Retail--Integrated Use for a commercially reasonable period of time not less than six- months
The Developer has informed staff that the proposed amendments are critical to securing capital for the project. Staff is working with the developer on specific amended language in the General Plan and Specific Plan for Planning Commission and City Council consideration should the Council proceed with the initiation. Attachments No. 1 and 2 contain the adopted General Plan and Specific Plan Commercial Retail – Integrated Use Overlay language.
Attachment No. 3 contains the draft Developer proposed General Plan Amendment language in redline format.
INITIATION PROCESS
Every General Plan A mendment (GPA) and Specific Plan Amendment (SPA) requires
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• Up to 1,192 new dwelling units (du) on 42.0 acres
• 1,472,500 square feet of local neighborhood and regional commercial building square footage on 97.7 acres, including 112,500 square feet of hospitality building square footage (up to 160 hotel rooms) on 5.9 acres
• 1,500,000 square feet of Industrial/Logistics building square footage on 67.3 acres • 30,000 square feet of Business Park building square footage on 7.8 acres • 11.1 acres of public park and open space
• 22.4 acres of public improvements (public streets and parkways; and public facilities)
Figure 1: The District at Jurupa Valley Land Use Plan
As part of the General Plan Amendment for the project, a new General Plan Overlay, the "Commercial Retail- Integrated Use” Overlay , was established, and the Commercial Retail-Integrated Use Overlay was placed on a 52.4-acre portion of the Commercial Retail Land Use Area of the Specific Plan.
The Commercial Retail Land Use Area Overlay allows for an “integrated retail use” which is a business or businesses that combine their various business operations into a single building. Each individual Commercial Retail-Integrated Use would be required to have a minimum of 10% of its total floor area occupied by a retail showroom for display and sale of products to the public and may include the following business operations: product assembly/light manufacturing; warehousing; customer pick -up and shipping/receiving.
Examples of this type of use may inclu de a furniture and home goods retail store; a tile store; a carpeting store; a fireplace and mantle store; and similar type businesses that
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may integrate various components into their operations. The Commercial Retail - Integrated Use Overlay Area covers 52.4 acre of the 70.3- acre Commercial Retail Land Use Area as illustrated in Figure 1.
ANALYSIS
The District at Jurupa Valley developer has asked the City to initiate an amendment to the General Plan and The District at Jurupa Valley Specific Plan that would revise the policies and requirements of the Commercial Retail-Integrated Use Overlay to provide the City with the ability to modify the retail component of the Commercial Retail-Integrated Use Overlay in the event the Developer is unable to find a single tenant for this use.
The integrated retail concept was proposed by the developer as part of the development of the Specific Plan to accommodate a potential furniture business that would have a showroom to display furniture as well as a warehouse, distribution and assembly space.
The developer intends to design and build a structure that would accommodate the 10% showroom requirement of the Commercial Retail-Integrated Use Overlay. However, in order to provide more flexibility if the developer is not able to secure a tenant for the building whose business operations include both a warehouse and a retail showroom, they are proposing amendments to the Commercial Retail -Integrated Use Overlay in the General Plan and Specific Plan that would allow the City, pursuant to a site development permit, to do the following:
• Allow for two different users to occupy the building (i.e. a separate commercial retail use/business to occupy the showroom portion of the building and a separate business to occupy the warehouse and assembly/light manufacturing portion of the building)
• Establish requirements for the showroom space to guarantee a minimum sales tax revenue
• Require payment of compensation to the City if the commercial retail component is vacant or vacated while the warehouse component is occupied • Require the developer to demonstrate that they diligently marketed the property as
Commercial Retail--Integrated Use for a commercially reasonable period of time not less than six- months
The Developer has informed staff that the proposed amendments are critical to securing capital for the project. Staff is working with the developer on specific amended language in the General Plan and Specific Plan for Planning Commission and City Council consideration should the Council proceed with the initiation. Attachments No. 1 and 2 contain the adopted General Plan and Specific Plan Commercial Retail – Integrated Use Overlay language.
Attachment No. 3 contains the draft Developer proposed General Plan Amendment language in redline format.
INITIATION PROCESS
Every General Plan A mendment (GPA) and Specific Plan Amendment (SPA) requires environmental documentation, analysis and public hearings by the Planning Commission and City Council before changes can be adopted. The following considerations apply to the initiation process, which only authorizes the process to begin:
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1. Initiation of a GPA and SPA does not entail an evaluation of the merits of the proposed project, but only whether or not to proceed with a formal evaluation process and public hearings.
2. Once the formal evaluation process and public hearings are completed, the City Council will have the opportunity to approve or disapprove or make changes to the recommended General Plan Amendment and Specific Plan Amendment.
NOTICING REQUIREMENTS
The City Council initiation of an action does not require any public noticing. If initiated, a public notice for the Planning Commission and City Council hearings would be published in the Press Enterprise.
ENVIRONMENTAL REVIEW
An initiation of an action is not subject to the California Environmental Quality Act.
FINANCIAL IMPACT
The cost of this process will be covered by the developer payment of application fees for a General Plan Amendment and Specific Plan Amendment.
ALTERNATIVES
1. Recommended Action: 1) Initiate the process for consideration of the proposed General Plan Amendment and Specific Plan Amendment for the District at Jurupa Valley through noticed public hearings before the Planning Commission and City Council; and 2) Direct Staff to schedule special meetings of the Planning Commission on December 2, 2024 and City Council on December 18, 2024 to accommodate the Developer’s request that the proposed General Plan Amendment and Specific Plan Amendment be formally considered by the City Council by December 18, 2024.
2. Decline to initiate the General Plan Amendment and Specific Plan Amendment.
3. Defer action and request additional information.
Prepared by: Submitted by:
_________________________ ___________________________
Joe Perez
Assistant City Manager/ Community
Development Director
Rod Butler
City Manager
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ATTACHMENTS:
1. Existing General Plan Commercial Retail – Integrated Use Overlay (CR-IUO)
2. Existing The District at Jurupa Valley Commercial Retail Land Use Section
3. Proposed Developer General Plan Amendment Language (Redline)
4. Applicant’s Letter Requesting City Council to Initiate GPA
Reviewed by: Reviewed by:
___________________________ ___________________________ Susan Paragas Peter Thorson
Finance Director City Attorney
Reviewed by:
___________________________
Michael Flad
Assistant City Manager
ATTACHMENT NO. 1
EXISTING GENERAL PLAN COMMERCIAL RETAIL –
INTEGRATED USE OVERLAY (CR-IUO)
MA21269 GENERAL PLAN AMENDMENT GPA21010
APPROVED GENERAL PLAN OVERLAY
Commercial Retail – Integrated Use Overlay (CR-IUO)
The Commercial Retail – Integrated Use Overlay (CR-IUO) may be applied to a Commercial Retail designated area where the City seeks to accommodate a retailer which combines its retail store with light manufacturing, assembly, warehouse, and/or distribution into a single location. These types of integrated reta il buildings enable the business to operate efficiently with a centra lized place of business to meet the ever- changing and competitive retail marketplace that caters to the traditional brick and mortar store and the on-line shopper while having thei r showroom, retail area, offices, light manufacturing, assembly and/or warehouse uses at the same location. This Overlay shall operate independently from all other General Plan Overlays, unless one of those Overlays is also applied to the same portion of a property.
Policies
The following policies apply within the Commercial Retail – Integrated Use Overlay.
LUE 5.XX Permitted Uses . Permit Commercial Retail – Integrated uses in the Commercial Retail land Use designation and the Commercial Retail zoning district only.
LUE 5.XX Retail Showroom Area. A Commercial Retail-Integrated Use shall have a traditional “brick and mortar” retail showroom for display and sale of products to the public and which operates and has the appearance of a retail building.
Each individual Commercial Retail-Integrated Use shall have a minimum of 10% of its total floor area occupied by a retail showroom.
LUE 5.XX Residential Buffering. Require Commercial Retail – Integrated uses adjacent to residential uses to provide measures to reduce the impacts of the Commercial Retail – Integrated use on residential uses. These measures shall include, but not be limited to, a minimum 500-foot distance buffer between any loading dock door and a residential dwelling unit within a Residential zone/district. The buffer shall be measured from the truck dock door closest to the nearest dwelling un it. The buffer area can be used for automobile parking, infrastructure improvements, parks and open space. All loading dock doors and truck courts shall be screened from any adjacent residential use by landscaping, berms, and/or walls. The site development permit for any Commercial Retail-Int egrated Use shall in clude operational and design standards that ensure the protection of residential neighborhoods from truck traffic, noise , lighting, air pollution, and any other potential negative impacts.
LUE 5.XX Truck Circulation. A truck circulation plan sha ll be required as part of the site development permit review pr ocess for any Commercial Retail – Integrated use. The tru ck circulation plan shall include, but not be limited to, designated truck routes, signage, turning restrictions and other measures deemed necessary to limit truck movement away from residential land uses.
ATTACHMENT NO. 2
EXISTING THE DISTRICT AT JURUPA VALLEY
COMMERCIAL RETAIL LAND USE SECTION )
The District at Jurupa Valley Specific Plan SP21001 Section 2 – Page 6
The District at Jurupa Valley Specific Plan
Table 2-2: Non-Residential Intensity and Residential Density Land Use FAR DU/Acre
Maximum Maximum1
Commercial
Commercial Neighborhood 0.60 --
Commercial Retail 0.50
Commercial Tourist 0.70 --
Business Park 0.60 --
Industrial 0.60 --
Residential -- 30
Notes:
1. Density permits up to 30 du/acre, with no minimum
2.5.1 Commercial Neighborhood
The Commercial-Neighborhood Land Use Area envisions convenient retail sales and services primarily focused on supporting local residents and employees through smaller-scale, pedestrian-oriented commercial development. The Commercial Neighbor hood Land permits individual, small-scale retail establishments including food markets, convenience stores, restaurants, other retail sales, and personal services (gyms, health and beauty, dry cleaning ). The Commercial Neighborhood Land Use Area would implement the Commercial Neighborhood (CN) General Plan land use designation. The Commercial- Neighborhood Land Use Area is located at the wester n portion of the Specific Plan and fronts Rubidoux Boulevard. Primary access is provided from Street A with signage along Rubidoux Boulevard for clear identification and wayfinding. This land use designation allows a maximum floor area ratio (FAR) of 0.60.
2.5.2 Commercial Retail
The Commercial Retail Land Use Area encourages regional shopping centers with large major anchor/big- box retail tenants supported by smaller retail establ ishments, grocery stores, restaurants, drug stores, entertainment, and personal service uses in multi-te nant buildings and/or freestanding commercial pads.
The Commercial Retail General Land Use area would implement the Commercial Retail (CR) General Plan land use designation. The Commercial Retail Land Use area is located in the center of the Specific Plan area and serves as one of the commercial core areas for the Specific Plan. The area serves as a transition to the Commercial Neighborhood Land Use Area. Primary access and identification signage for major retail tenants are located along Street A and integrated with adjacent land use areas through secondary access points. This land use designation allows a maximum floor area ratio (FAR) of 0.50.
Commercial Retail-Integrated Use
Commercial Retail - Integrated Use is a business or businesses that combine their various business operations into a single business operation at one site. A Commercial Retail-Integrated Use shall have a traditional “brick and mortar” retail showroom for display and sale of products to the public and may include the following business operations: produc t assembly/light manufacturing; warehousing; customer pick-up and/or shipping/receiving. Each individual Commercial Retail-Integrated Use shall have a minimum of 10% of its total floor area occupied by a retail showroom. Verification of the area dedicated to retail showroom shall occur as part of the required Site Development Permit. Any building designed for a Commercial Retail-Integrated Use shall comply with the design guidelines included in Section 4.3.6, Commercial – “Buffering and Screening.” A building for a Commercial Retail-
The District at Jurupa Valley Specific Plan SP21001 Section 2 – Page 7
The District at Jurupa Valley Specific Plan
Integrated Use shall be designed with a minimu m of 500-foot buffer between a loading dock door and any residential dwelling unit within a Residential zone/ district.
When a building has been constructed for a Commercial Retail-Integrated Use pursuant to this Section and the user vacates that building, all future users shall comply with this Specific Plan. Any building constructed for a Commercial Retail - Integrated Use may be subdivided, partitioned, or redesigned to accommodate new businesses or multiple businesses (including Commercial Retail – Integrated Uses) so long as the use/uses are permitted and comply with the applicable requirements of this Specific Plan. Specifically for any subsequent Commercial Retail - Integrated Use(s), a minimum of 10% of the floor area of an individual Commercial Retail - Integrated Use shall be maintained and operated as a retail showroom
2.5.3 Commercial Tourist
The Commercial Tourist Land Use Area promotes the development of commercial uses designed to serve the needs of tourists and the vacationing and motoring public through hospitality and entertainment-related uses. Primary permitted uses include hotels, exhibit/co ncert halls, tourist visitor centers, travel agencies, and automobile-related uses including electric vehicl e supercharging stations and vehicle rental agency offices. The Commercial Tourist Land Use Area implements the Commercial Tourist (CT) General Plan land use designation. The Commercial Tourist Land Use Area is located within two areas of the Specific Plan. There is a Commercial Tourist Land Use Area at Hall and 30 th Street with access off of 30 th Street,
and another along Rubidoux Boulevard, south of the Commercial Land Use Area with access off A Street.
This Commercial Tourist Land Use Area promotes the City’s brand by providing opportunity to its residents and visitors to experience quality hospitality, entertainment and related visitor serving uses. This land use designation allows a maximum floor area ratio (FAR) of 0.70. Adjustments to the Commercial Tourist Land Use may increase square footage prov ided the maximum FAR is maintained and that the trip generation for Commercial Tourist is not exceeded based on as sumptions within 2022 Traffic Impact Analysis (TIA) prepared by Kimley-Horn and dated July 2022. Additionally, adjustments to square footage can occur as a land use transfer per Table 5-1 Land Use Equivalency Conversion.
2.5.4 Business Park
The Business Park Land Use Area envisions employee-intensive uses, including research and development, technology centers, corporate offices, clean industry, and supporting retail uses. Typical employment uses envisioned within Business Park include research and development, craft brewery or similar uses, light manufacturing, assembly, clean industry, and supporting commercial uses. The Business Park Land Use Area implements the Business Park (BP) General Plan land use designation. The Business Park Land Use Area is located at the northern portion of the Specific Plan, between the SR-60 Eastbound onramp and the Industrial/Logistics Land Use Area along 30th Street. Primary access for tenants would be located along 30th Street and C Street, with identif ication signage visible from SR-60. This land use designation allows a maximum floor area ratio (FAR) up to 0.60. Adjustments to the Business Park Land Use may increase square footage prov ided the maximum FAR is maintained and the trip generation for Business Park is not exceeded based on assumptions within the 2022 TIA prepared by Kimley-Horn and dated July 2022. Additionally, adjustments to square footage can occur as a land use transfer per Table 5-1 Land Use Equivalency Conversion.
2.5.5 Industrial/Logistics
The Industrial/Logistics (“Industrial”) Land Use Area is intended to provide a wide range of industrial uses including research and development; light manufacturing, assembly and processing of manufactured goods and materials; warehousing and distribution including e-commerce, high-cube l ogistics and cross-dock
ATTACHMENT NO. 3
PROPOSED DEVELOPER GENERAL PLAN
AMENDMENT LANGUAGE (REDLINE)
DEVELOPER PROPOSED GENERAL PLAN OVERLAY AMENDMENT
Commercial Retail – Integrated Use Overlay (CR-IUO)
The Commercial Retail – Integrated Use Overlay (CR-IUO) may be applied to a Commercial Retail designated area where the City seeks to accommodate a retailer which combines its retail store with light manufacturing, assembly, warehouse, and/or distribution into a single location. These types of integrated retail buildings enable the business to operate efficiently with a centralized place of business to meet the ever -changing and competitive retail marketplace that caters to the traditional brick and mortar store and the on-line shopper while having their showroom, retail area, offices, light manufacturing, assembly and/or warehouse uses at the same location. This Overlay shall operate independently from all other General Plan Overlays, unless one of those Overlays is also applied to the same portion of a property.
The flexibility to accommodate the ever -changing and competitive retail marketplace, however, works in the opposite direction as well. This specific of a tenant is not as commonplace in the market as when this provision was approved. Therefore, the Policy needs to include an alternative process for use of the buildings within the Commercial Retail- -Integrated Use Overlay should the viability of Commercial Retail --Integrated Use be undermined by market conditions.
Policies
The following policies apply within the Commercial Retail – Integrated Use Overlay.
LUE 5.XX Permitted Uses. Permit Commercial Retail – Integrated uses in the Commercial Retail land Use designation and the Commercial Retail zoning district only.
LUE 5.XX Retail Showroom Area. A Commercial Retail-Integrated Use shall have a traditional “brick and mortar” retail showroom for display and sale of products to the public and which operates and has the appearance of a retail building. Each individual Commercial Retail-Integrated Use shall have a minimum of 10% of its total floor area occupied by a retail showroom.
The owner of property within the Commercial Retail--Integrated Use Overlay may apply to the City, for a Site Development Permit or an amendment to an approved Site Development Permit for a Commercial Integrated Retail Use, that includes a request for modification of these requirements. The City may approve a Site Development Permit with a modification of these requirements upon a finding that: 1) the owner has diligently marketed the property as Commercial Retail--Integrated Use for a commercially reasonable period of time not less than six- months; 2) despite such diligent marketing efforts, the owner has been unable to secure a Commercial Retail--Integrated Use under reasonable commercial terms due to market conditions, and
3) the proposed building includes space for both the commercial retail component and the non- commercial retail component as required by this section.
Upon receipt of an application for a Site Development Permit with a modification, the City shall review and make the required findings to either conditionally approve the Site Development Permit with the modification or to deny the Site Development Permit with the modification. A conditional approval shall be subject to the following conditions:
1. The owner is authorized to allow two or more users in the building for commercial retail or non-commercial retail uses as otherwise allowed by this policy.
2. If the commercial retail component is vacant or vacated while the non-commercial retail component is occupied and operating, the owner shall pay to the City compensation for the vacant retail space in an annual amount equal to the reasonably anticipated sales taxes under Chapter 3.40, Sales and Use Taxes, of the Jurupa Valley Municipal Code, that would have been due to the City had the entire required retail component been used by a retail user, less any sales or use taxes actually received by the City for the site.
3. If the non-commercial retail user is not the same as the retail user, the non-commercial retail user shall be limited to light manufacturing, assembly, warehouse, and/or distribution, provided that the following specific uses shall not be permitted:
A. Heavy Manufacturing
If the site is subject to a recorded development agreement pursuant to Government Code Section 65864 et seq., the City and the owner shall enter into an Operating Memorandum to confirm the modification and add such terms as necessary to implement the conditions of approval.
LUE 5.XX Residential Buffering. Require Commercial Retail – Integrated uses adjacent to residential uses to provide measures to reduce the impacts of the Commercial Retail – Integrated use on residential uses. These measures shall include, but not be limited to, a minimum 500-foot distance buffer between any loading dock door and a residential dwelling unit within a Residential zone/district. The buffer shall be measured from the truck dock door closest to the nearest dwelling unit. The buffer area can be used for automobile parking, infrastructure improvements, parks and open space. All loading dock doors and truck courts shall be screened from any adjacent residential use by landscaping, berms, and/or walls. The site development
permit for any Commercial Retail -Integrated Use shall include operational and design standards that ensure the protection of residential neighborhoods from truck traffic, noise, lighting, air pollution, and any other potential negative impacts.
LUE 5.XX Truck Circulation. A truck circulation plan shall be required as part of the site development permit review process for any Commercial Retail – Integrated use. The truck circulation plan shall include, but not be limited to, designated truck routes, signage, turning restri ctions and other measures deemed necessary to limit truck movement away from residential land uses.
50527256.1/201364.0001
ATTACHMENT NO. 4
APPLICANT’S LETTER REQUESTING
CITY COUNCIL TO INITIATE GPA
50621205.1
Brent R. McManigal
Director
[email protected]
550 E. Hospitality Lane, Suite 350
San Bernardino, California 92408
PH (909) 723-1807 | FX (909) 890-9877
fennemorelaw.com
November 18, 2024
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, California 92509
Re: Commercial Retail-Integrated Use Overlay - General Plan Initiation
Dear Honorable Mayor and City Council:
On behalf of EM Ranch Owner, LLC. (“EM Ranch”), I submit the following request for the City Council to initiate a General Plan Amendment to modify the Commercial Retail-Integrated Use Overlay (“Overlay”). As described below, this request is being made to allow for flexibility within the Overlay to account for current and future shifts in the retail marketplace that will enable the construction of a Commercial Retail-Integrated building to be constructed “at-risk” and not “build- to-suit”.
Background
On September 7, 2023, the City Council approved The District at Jurupa Valley Specific Plan (“The District”). Since that time, EM Ranch has pursued and obtained approved plans from the City for grading, on-site and adjacent roads, and landscaping. EM Ranch has also completed the plan check process and is working to get the Final Tract Map before the City Council for acceptance and recordation. In addition, EM Ranch has been working with the Rubidoux Community Services District, currently in the final plan check for the sewer and water infrastructure as well as Riverside County Flood Control and Army Corps of Engineers on the permits for the stormwater system. They have also been working with Southern California Edison for electrical service. EM Ranch has pushed to obtain permits for The District so construction can start after the Final Map records.
Commercial Integrated-Retail Use
Concurrently, with the pursuit of the construction permits, EM Ranch has been seeking a user and development partner for the Project and the Commercial Retail-Integrated building (“Integrated Building”). As you are aware, market conditions, especially volatile market conditions reshape the timing and financing for development. When The District entitlements were underway, EM Brent R. McManigal
Director
[email protected]
550 E. Hospitality Lane, Suite 350
San Bernardino, California 92408
PH (909) 723-1807 | FX (909) 890-9877
fennemorelaw.com
City Council
City of Jurupa Valley
November 18, 2024
50621205.1
Ranch had a user interested in the Integrated Building; however, they opted to replace their traditional warehouse. In the current volatile market, it has been and continued to be extremely difficult to find a tenant who wants to wait for a build-to-suit building and even more difficult when it is so specific as the Commercial Retail-Integrated Use that requires a user have both a showroom component and the large warehouse space behind.
These buildings are usually built and during the construction process a tenant is secured. However, this specific of a tenant is not commonplace in the market. The risk of investing hundreds of millions of dollars into a project with the potential of the building to sit empty for a prolonged period of time is unfeasible and extremely risky. Lenders and institutional investors will not move forward to partner on this project with this risk. Unless we can achieve flexibility and certainty in the Overlay to provide a procedure to have multiple retail and non-retail users within the Integrated Building, which would enable the building to be financed and marketed during construction, not a build-to-suit.
It is important to note that the Integrated Building would be approved and construction in compliance with the Overlay to have ten percent (10%) dedicated to retail use. Below is a description of the amendment to the Overlay that EM Ranch is seeking that will provide the certainty to the investment markets that the Integrated Building can be leased to more than one retail/non-retail company, while maintaining the original premise of the Commercial Retail- Integrated Use concept. This flexibility will also enable the City to receive the increase in property taxes from the earlier construction of the Project. The proposed Amendment will also ensure that the City receives annual retail sales tax revenue from the Developer.
Proposed General Plan Amendment
EM Ranch is requesting consideration of a General Plan Amendment (“Amendment”) to the Overlay which will recognize existing and accommodate future changes in the retail marketplace.
Under the existing Overlay, a Commercial Retail-Integrated User that occupies the Integrated Building must have both a retail showroom component along with a non-retail component such as light manufacturing, warehousing and logistics. The retail component must account for at least 10% of the non-retail component, this requirement will not change. As discussed above, the current retail market is looking for buildings that are under-construction or available to occupy however due to the existing use constraints of the Overlay, the financing markets will not lend, without a signed occupant unless there is a process in the Overlay to request from the City flexibility with the retail and non-retail uses so the Integrated Building does not remain vacant.
Attached is the proposed Amendment to the Overlay, though in summary, a developer who, due to market conditions, cannot locate a Commercial Retail-Integrated User, may apply to the City for a Site Development Permit to modify the requirement to have a Commercial-Retail Integrated User as follows:
City Council
City of Jurupa Valley
November 18, 2024
50621205.1
1) The owner has diligently marketed the property as Commercial Retail-Integrated Use for a commercially reasonable period of time not less than six-months. 2) Despite such diligent marketing efforts, the owner has been unable to secure a Commercial Retail-Integrated Use under reasonable commercial terms due to market conditions.
3) The proposed building includes space for both the commercial retail component and the non-commercial retail component as required by the Overlay.
If the City, after reviewing the Site Development Permit, approves the request for modification, staff shall apply the following conditions to the approval:
1. The owner is authorized to allow two or more users in the building for commercial retail or non-commercial retail uses as otherwise allowed by this policy.
2. If the commercial retail component is vacant or vacated while the non-commercial retail component is occupied and operating, the owner shall pay to the City compensation for the vacant retail space in an annual amount equal to the reasonably anticipated sales taxes under Chapter 3.40, Sales and Use Taxes, of the Jurupa Valley Municipal Code, that would have been due to the City had the entire required retail component been used by a retail user, less any sales or use taxes actually received by the City for the site.
3. If the non-commercial retail user is not the same as the retail user, the non-commercial retail user shall be limited to light manufacturing, assembly, warehouse, and/or distribution, provided that the following specific uses shall not be permitted:
A. Heavy Manufacturing.
Please recall that this Amendment will not change or authorize staff to change the requirement that 10% of the Integrated Building be occupied by a retail user. EM Ranch is committed to constructing the Integrated Building with the retail showroom component. This Amendment only authorizes staff to approve having two or more retail or non-retail users and it guarantees the City will receive sales tax from the retail component, a guarantee that does not exist today.
We believe that this Amendment is a viable and equitable means to enable the Project to move forward while maintaining the integrity of the Commercial Retail Integrated Use, enabling the City to start receiving increased property taxes sooner (than having to wait for a build-to-suit) and guarantees sale tax revenue from the retail component.
We respectfully request that this General Plan Amendment be processed by December 18, 2024.
City Council
City of Jurupa Valley
November 18, 2024
50621205.1
We will be available to answer questions on this request and we appreciate your time and consideration.
Respectfully Submitted,
FENNEMORE LLP
Brent R. McManigal
BMCM/myr
Attachment – Proposed General Plan Amendment