REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
January 23, 2024
FROM
MARK WARDLAW, Director, Land Use Services Department
SUBJECT
Title
Duke Warehouse at Slover/Alder Conditional Use Permit Project
End
RECOMMENDATION(S)
Recommendation
CONTINUED FROM TUESDAY, JANUARY 9, 2024, ITEM NO. 63 - CLOSED TO FURTHER PUBLIC TESTIMONY
1. Receive a report as follow-up to the January 9, 2024 (Item No. 63), public hearing to consider a Conditional Use Permit to construct and operate a high-cube warehouse on approximately 13.23 acres in the community of Bloomington.
2. Certify the Environmental Impact Report (State Clearing House No. 2021120526).
3. Adopt the California Environmental Quality Act Findings of Fact and Mitigation Monitoring and Reporting Program.
4. Approve the Memorandum of Understanding with Duke Realty Alder LP regarding public benefit contributions for the Bloomington area, effective January 23, 2024, through the first 15 years following the issuance of an occupancy permit.
5. Adopt the findings as recommended by the Planning Commission for the approval of the Conditional Use Permit.
6. Approve the Conditional Use Permit to construct and operate a 259,481-square-foot high-cube warehouse with 5,000 square feet of office space on approximately 13.23 acres, subject to the Conditions of Approval.
7. Direct the Land Use Services Department to file the Notice of Determination in accordance with the California Environmental Quality Act.
• Applicant: Duke Realty, LP
• Community: Bloomington
• Location: Southeast Corner of Slover Avenue and Alder Avenue, in the Community of Bloomington
(Presenter: Mark Wardlaw, Director, 387-4431)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Create, Maintain and Grow Jobs and Economic Value in the County.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary Funding (Net County Cost). Sufficient appropriation and revenue to complete this action have been included in the Land Use Services Department, Planning Division 2023-24 budget. All costs of processing this application are paid by the applicant.
BACKGROUND INFORMATION
This item was continued from the January 9, 2024 (Item No. 63), Board of Supervisors (Board) meeting. The applicant, Duke Realty Alder LP, has proposed a project for the development and operation of a 259,481-square-foot high-cube warehouse with 5,000 square feet of office space on approximately 13.23 acres (Project). The Project is located at the southeast corner of Slover Avenue and Alder Avenue in the community of Bloomington. The Project site is located within a community industrial zone, which authorizes the construction and use of the Project site for a warehouse or other industrial uses subject only to a conditional use permit. No general plan or zoning amendment is required for the existing or future property owner to construct and operate an industrial use project on this site. The Project site is also located in close proximity to Interstate 10 to the north, with existing industrial warehouses neighboring to the north, east, and west of the Project site. Existing residential uses to the west and south of the Project site will be buffered from the proposed operation due to setbacks, partitions, and roadways. The nearest school is Bloomington High School, which is located approximately 330 feet south of the Project site. For a comprehensive planning analysis of the Project, the Planning Commission Staff Report is attached as a supporting document to this item.
As further detailed below, the Planning Commission (Commission) considered the Project on September 21, 2023. Although the Commission is authorized to take final action on the Project, the Commission instead made a recommendation and referred this item to the Board for final action. The Commission’s referral allowed for an extended public review of the Project’s environmental analysis, an opportunity to provide additional input, and an opportunity to participate further in the planning process due to the scheduling of an additional public hearing before the Board. The referral will also allow the Board to consider the Project in conjunction with a Memorandum of Understanding (MOU) proposed by the applicant regarding public benefit contributions to the Bloomington area. The MOU consists of voluntary contributions that will be used exclusively for the benefit of the Bloomington community as a good neighbor gesture and in an effort to gain additional community support for the Project.
In compliance with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seq., an Environmental Impact Report (EIR) was prepared for the Project. The Draft EIR identifies potentially significant impacts of the Project and concludes that, with the incorporation of project design features and the adoption of feasible mitigation measures, the Project will not result in significant unavoidable impacts to any of the CEQA resource areas. Therefore, a Statement of Overriding Considerations is not required to approve the Project.
Due in part to the Project’s proximity to Bloomington High School and the growth of warehouse development in the Inland Empire, the County received numerous comment letters during the public review period for the Draft EIR. The County also received multiple comment letters after the public review period and prepared written responses, which are attached as a supporting document to this item. Many of the comment letters express concern regarding, but not limited to, project level air quality impacts and incremental impacts due to the existing environmental setting of the Bloomington area, as well as pedestrian safety concerns due to the proximity of the Project to Bloomington High School. The Final EIR provides detailed responses to comments and confirms the conclusions of the Draft EIR with minor clarifications. Regarding air quality impacts, the EIR concludes that both Project level and cumulative impacts are mitigated to a level of less than significant based on South Coast Air Quality Management District thresholds with the incorporation of project design features and the adoption of Mitigation Measure AQ-1 that are specifically designed to reduce air quality impacts. The Final EIR and response to late comments also address pedestrian safety hazards and concludes that the proposed improvements associated with the Project will enhance pedestrian safety near the Project site. Therefore, the recommendation includes that the Board certify the EIR. A copy of the EIR, including the CEQA Findings of Fact and responses to late comments, are attached as a supporting document to this item.
In addition to the CEQA noticing, the applicant also conducted two community outreach meetings to discuss the proposal with the Bloomington Municipal Advisory Council, which were held on December 1, 2021, and February 1, 2023, and Project notices were sent to surrounding property owners, residents, and business owners within 1,300 feet of the Project site.
At the Commission hearing on September 21, 2023, there were 16 in-person public comments, 11 opposed and five in favor. The Commission recommended approval of the Project by a unanimous vote of 3-0 (Third and Fifth District Commissioners absent).
Recommendation No. 3 of this item also requests approval of the MOU with the applicant regarding public benefit contributions for the Bloomington area. As part of the Board’s consideration of the Project, the applicant is volunteering to commit an annual contribution in the amount of $38,922.15 for 15 years, following the issuance of an occupancy permit for the Project’s Building for service enhancement activities for the Bloomington area, a lump sum contribution of $648,702.50 for Kessler Park improvements, and imposing local hiring requirements for the initial leasing or sale of the property. The public benefit contributions will be due at the issuance of a certificate of occupancy permit for the Project’s building and the 15-year annual contributions will be enforceable as part of a recorded Declaration of Restriction.
On January 9, 2024 (Item No. 63), the Board conducted a public hearing to consider a Conditional Use Permit to construct and operate a high-cube warehouse on approximately 13.23 acres in the community of Bloomington. At the meeting, the Board discussed the comment letter received from Colton Joint Unified School District (School District). After closing the public hearing, the item was continued with direction to the Applicant to further evaluate how the School District’s concerns can be addressed.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jason Searles, Supervising Deputy County Counsel, 387-5455) on January 16, 2023; Finance (Penelope Chang, Administrative Analyst, 387-4886) on December 14, 2023; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on December 19, 2023.