REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 22, 2026
FROM
MIGUEL FIGUEROA, Director, Land Use Services Department
SUBJECT
Title
Bloomington Business Park Specific Plan and Associated Actions and Entitlements
End
RECOMMENDATION(S)
Recommendation
1. Set aside and vacate actions and approvals related to the Bloomington Business Park Specific Plan project taken on November 15, 2022, as part of Item No. 111.
2. Conduct a public hearing to consider recirculated sections of the Environmental Impact Report for the Bloomington Business Park Specific Plan related to the establishment of an industrial business park for 213 acres, associated actions and approvals for the Specific Plan Site and associated actions for a 24-acre Upzone Site in the community of Bloomington, and adopt a declaration of intent to:
a. Certify the Recirculated Final Environmental Impact Report.
b. Adopt the California Environmental Quality Act Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program.
c. Approve Memorandum of Understanding with IV5 Bloomington Gateway Distribution Center LLC and IV5 Bloomington Gateway Distribution Center II LLC, regarding public benefit contributions to the community of Bloomington for the life of the Bloomington Business Park Specific Plan project entitlements.
d. Adopt the findings recommended by the Planning Commission in support of the Bloomington Business Park Specific Plan, and associated actions and approvals.
e. Adopt the Policy Plan Amendment to amend the Land Use Category designation from:
i. Low Density Residential to Medium Density Residential for the 24-acre Upzone Site.
ii. Very Low Density Residential and Low Density Residential to Special Development for the 213-acre Specific Plan Site.
f. Adopt the Zoning Amendment to amend the Land Use Zoning District Map from:
i. Single Residential with 20,000-square foot Minimum Lot Size to Multiple Residential for the 24-acre Upzone Site.
ii. Single Residential with 1-Acre Minimum Lot Size Additional Agriculture and Single Residential 20,000-square foot Minimum Lot Size to Bloomington Business Park Specific Plan - Industrial/Business Park for the 213-acre Specific Plan Site.
g. Adopt a Development Code Amendment to approve the Bloomington Business Park Specific Plan and to amend Subsections 82.23.030(b) and 86.14.090(b) of the San Bernardino County Code adding Bloomington Business Park Specific Plan to the list of adopted specific plans.
h. Approve Vesting Tentative Parcel Map No. 20300 to consolidate 31 parcels into a 17.67-acre parcel and Conditional Use Permit to construct a 383,000-square foot high-cube warehouse on 17.67 acres within the Specific Plan Site, subject to the conditions of approval.
i. Approve Vesting Tentative Parcel Map No. 19973 to consolidate 32 parcels into a 57.60-acre parcel and Conditional Use Permit to construct a 1.25-million-square foot high-cube warehouse on 57.60 acres within the Specific Plan Site, subject to the conditions of approval.
j. Approve Vesting Tentative Parcel Map No. 20340 to consolidate 23 parcels into a 30.52-acre parcel and Conditional Use Permit to construct a 479,000-square foot high-cube warehouse on 30.52 acres within the Specific Plan Site, subject to the conditions of approval.
k. Approve Conditional Use Permit to construct a truck/trailer parking facility on 9.55 acres within the Specific Plan Site, subject to the conditions of approval.
l. Direct the Land Use Services Department to file a Notice of Determination in accordance with the California Environmental Quality Act.
• Applicant: IV5 Bloomington Gateway Distribution Center, LLC
• Community: Bloomington
• Location: Specific Plan Site - Generally bounded by Santa Ana Avenue to the north, Maple Avenue and Linden Avenue to the east, Jurupa Avenue to the south, and Alder Avenue to the west; Upzone Site - Northeast corner of San Bernardino Avenue and Locust Avenue.
3. Continue the item for final action with the Third Cycle 2026 Land Use Element Amendment included on the September 22, 2026, agenda.
(Presenter: Paul Gonzales, Planning Chief, 387-4000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote and Fulfill the Countywide Vision.
Create, Maintain and Grow Employment Opportunities and Economic Value in the County.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). Sufficient appropriation and revenue to complete this action have been included in the Land Use Services Department Planning Division 2026-27 budget. All costs of processing this application are paid by the applicant.
BACKGROUND INFORMATION
This item consists of the reconsideration of the Bloomington Business Park Specific Plan and associated actions and approvals (Project), including certification of the 2026 Recirculated Final Environmental Impact Report (2026 Recirculated Final EIR) prepared in response to a court order directing the Board of Supervisors (Board) to set aside and vacate the 2022 environmental certification and Project approvals approved by the Board on November 15, 2022 (Item No. 111).
The Project and entitlements presented for reconsideration have not changed from those approved by the Board in 2022. Accordingly, this report/recommendation primarily summarizes the updates to the environmental analysis undertaken in response to the Court’s ruling and the resulting 2026 Recirculated Final EIR. For a more detailed discussion of the Project, associated approvals and entitlements, and the County’s response to the Court’s ruling, the Planning Commission Staff Report is included as a supporting document to this item.
Project Description
The Project includes adoption of the Bloomington Business Park Specific Plan to establish a master-planned industrial/business park on 213 acres in Bloomington, together with Policy Plan and zoning amendments changing the Specific Plan Site from residential designations to Special Development and Bloomington Business Park Specific Plan-Industrial/Business Park.
The Project also includes three vesting tentative maps and associated Conditional Use Permits to consolidate existing parcels and develop three high-cube warehouse buildings totaling approximately 2.1 million square feet, as well as a Conditional Use Permit for a 9.55-acre truck/trailer parking lot. To offset the loss of residential development capacity resulting from the Specific Plan land use changes, the Project includes Policy Plan and zoning amendments to upzone a separate 24-acre site from Low Density Residential/Single Residential to Medium Density Residential/Multiple Residential identified as the Upzone Site.
Previous Planning Commission and Board Actions
The Project was initially considered by the Planning Commission on September 22, 2022, which voted 3-0-1, with one commissioner absent, to recommend that the Board certify the Environmental Impact Report (2022 EIR) (SCH No. 2020120545) and approve the Project and all associated entitlements. The Board subsequently considered the Project on November 15, 2022 (Item No. 111), and after receiving oral and written testimony, voted 4-0, with one Board member absent, to certify the 2022 EIR and approve the Project and associated entitlements.
Legal Challenge and Subsequent Court Ruling
Following the Board’s certification of the 2022 EIR and approval of the Project, several groups filed a petition for writ of mandate on December 16, 2022, challenging the County’s approvals and the adequacy of the 2022 EIR in San Bernardino County Superior Court. The case is captioned People's Collective for Environmental Justice, et al. v. County of San Bernardino, et al. (Case No. CIVSB2228465) (Action). The case raised arguments addressing California Environmental Quality Act (CEQA) compliance as well as various fair-housing related claims.
On September 17, 2024, the Superior Court issued a ruling addressing the CEQA claims in the Action, granting in part, the petition and finding deficiencies in the 2022 EIR’s analysis of alternatives, air quality impacts and mitigation, greenhouse gas emissions, energy impacts, and noise impacts. The Court denied the petition on all other grounds and ordered the County to set aside certification of the 2022 EIR and related Project approvals. In response to the Court’s ruling, the County, in its capacity as Lead Agency, prepared a Recirculated Draft Environmental Impact Report (RDEIR) addressing the specific CEQA deficiencies identified by the Court. In December 2025, the petitioners voluntarily dismissed three of four housing claims. The final housing claim was rejected by the Court in July 2026 and held that the County did comply with its duties to affirmatively further fair housing.
Community and Public Outreach
The Project has been the subject of substantial public outreach and multiple opportunities for public participation both before the County’s 2022 approval and following the subsequent legal challenge. Prior to the 2022 approval, outreach included a virtual scoping meeting, a community meeting at Ayala Park, consultation with the Colton Joint Unified School District, bilingual mailed notices to residents and community stakeholders, a presentation to the Bloomington Municipal Advisory Council, and direct outreach to affected property owners and community organizations. The environmental review process also provided opportunities for formal public comment, and at least 1,024 notices were mailed in advance of the September 22, 2022 and November 15, 2022, Planning Commission and Board hearings.
Following the Action and during preparation of the RDEIR, the County undertook a renewed public outreach process. This included an in-person scoping meeting at Ayala Park Community Center on December 2, 2024; a community meeting at the same location on December 3, 2025, with bilingual notice; meetings with the Colton Joint Unified School District and local organizations; and discussions with concerned residents. The County also circulated a Notice of Preparation for public and agency review and subsequently released the RDEIR as described further below.
While the Project itself and the requested entitlements have not changed from those previously considered by the Planning Commission and approved by the Board in 2022, the County elected to return the Project to the Planning Commission for an additional public hearing. Although the Planning Commission serves in a recommending capacity and may make recommendations based upon draft environmental documents, the additional hearing provided the Commission and the public an opportunity to consider the completed updated environmental analysis prepared in response to the Court’s ruling, receive additional public testimony, and provide the Board with an updated recommendation before reconsideration of the Project.
California Environmental Quality Act Compliance
The 2026 Recirculated Final EIR, RDEIR, responses to comments, errata, CEQA Findings and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program (MMRP) were prepared in accordance with CEQA, the CEQA Guidelines, and the Court’s ruling in the Action. The County retained Harris and Associates as an independent third-party reviewer and, pursuant to the September 17, 2024, ruling, prepared the RDEIR to provide additional analysis of the sections identified by the Court. The RDEIR retained the original Project description and development footprint and evaluated the Bloomington Business Park Specific Plan, Opening Year Development within Planning Area A, and the Upzone Site required to satisfy Senate Bill 330, including analysis of alternatives, air quality mitigation, greenhouse gas emissions, energy impacts, and noise impacts. A Notice of Availability was issued on October 28, 2025, commencing a 45-day public review period that ended on December 11, 2025, and the RDEIR and supporting technical documents were made available electronically on the County’s website and in hard copy at the County Government Center.
The RDEIR did not identify new significant environmental impacts beyond those evaluated in the 2022 EIR; rather, it provided additional analysis and mitigation addressing the specific CEQA deficiencies identified by the Court. Most notably, it added or strengthened mitigation for air quality, greenhouse gas emissions, and energy, while concluding that the Project’s regional and project-level air quality impacts remain significant and unavoidable after implementation of all feasible mitigation.
Public Comments
During the public comment period, the County received 36 comment letters on the RDEIR and two additional letters after the close of the review period. Consistent with CEQA Guidelines Section 15088, all timely comments were considered, and written responses were incorporated into the 2026 Recirculated Final EIR; none of the comments or revisions resulted in significant new information requiring recirculation under CEQA Guidelines Section 15088.5. The RDEIR identified potentially significant impacts and mitigation measures, which are included in the MMRP. Pursuant to Public Resources Code Section 21092.5 and CEQA Guidelines Section 15088(b), on July 13, 2026, the County provided its proposed written responses to each commenting public agency at least 10 days before consideration of certification of the 2026 Recirculated Final EIR and posted the 2026 Final Recirculated EIR on the County’s website.
CEQA Findings and Statement of Overriding Considerations
Pursuant to CEQA, written findings have been prepared for each significant environmental effect identified in the 2026 Recirculated Final EIR, as well as findings supporting the Project’s requested land use and development entitlements. Because certain air quality impacts would remain significant and unavoidable even after implementation of all feasible mitigation measures, approval of the Project requires adoption of a Statement of Overriding Considerations. The Statement of Overriding Considerations concludes that the Project’s economic, social, infrastructure, planning, sustainability, housing, and community benefits outweigh its remaining significant and unavoidable environmental impacts. These benefits include economic diversification and development; employment opportunities; increased County revenues and fiscal benefits; orderly, master-planned development; transportation and infrastructure improvements; regional stormwater drainage improvements; sustainability and renewable-energy commitments; more efficient goods movement; community benefits and investments; consistency with the Countywide Plan; and increased residential development capacity to satisfy Senate Bill 330’s no-net-loss requirements.
Updated Planning Commission Recommendation
On July 23, 2026, the Planning Commission opened the public hearing for the Project and received public testimony before continuing the hearing to August 20, 2026, in part to provide additional time for the public to review the responses to comments on the 2026 Recirculated Final EIR. On August 20, 2026, the Planning Commission continued the public hearing and received additional written and oral testimony. Following consideration of the updated environmental analysis, public testimony, and responses to the issues raised, the Planning Commission voted 3-0 to recommend reapproval of the Project to the Board.
Changes in State Law Since 2022 Approval and Related Public Comment
Several comments received in response to the RDEIR raised issues concerning changes in State law since the 2022 Project approval that warrant additional discussion in light of the Project’s unique procedural history. In particular, a number of commenters have asserted that the Project is subject to the warehouse design and building standards enacted by Assembly Bill 98 (AB 98), which was adopted after the County’s 2022 Project approval and generally became effective January 1, 2026. Commenters argued, in part, that the statutory vesting provisions do not apply because the Court ordered the County to set aside the 2022 Project approvals and because the current applicant is a successor to the applicant that originally initiated the entitlement process. In response to these comments, the County determined that the Project remains exempt from AB 98 because its unchanged applications and entitlements were subject to a local entitlement process that began before September 30, 2024, and the statutory exemption is tied to the logistics use development, not the identity of the applicant. Accordingly, neither the court-ordered set-aside of the 2022 approvals nor the subsequent change in applicant affects the exemption.
Commenters also asserted that the Project is subject to the protected-unit replacement relocation benefit requirements enacted by Assembly Bill 1218 (AB 1218), effective January 1, 2024, including requirements applicable to protected units demolished within the preceding five years or proposed for demolition as part of development of the Conditional Use Permit (CUP) sites. Although this comment is outside of the scope of CEQA and the recirculation issues found by the Court, the County responded as a part of the response to comments in the 2026 Recirculated Final EIR. At that time, the County’s understanding was that the newly enacted law, AB 1218, did not apply because the Project received its 2022 entitlements and the demolition permits issued. However, after discussions with the California Department of Housing and Community Development (HCD), and in an abundance of caution given the uncertainty on application to the unique factual and legal circumstances of the Project, the County determined that even if AB 1218 were applicable, only two units within the applicable Project sites would qualify as a “protected unit” subject to the requirements of AB 1218. The applicable CUP has therefore been revised to include a condition of approval requiring compliance with AB 1218’s replacement housing requirements for the protected units.
Community Benefit Agreement
As part of the 2022 Project approval, the Board approved a Memorandum of Understanding (MOU) memorializing additional public benefit contributions voluntarily committed to by the then-developer, including annual contributions to enhance County services in Bloomington, infrastructure funding, and regional storm drain improvements. Because the Court’s order requires the County to set aside the prior Project approvals, including the MOU, and the current applicant/developer is the successor to the prior developer, this item includes approval of an updated MOU that maintains the existing public benefit commitments, including annual community enhancement fee, one time infrastructure fee, and storm drain improvements, while updating the agreement to reflect the current parties responsible for those obligations.
This item is a declaration of intent item and, if approved, will be continued for final action as part of the Third Cycle 2026 Policy Plan Land Use Element Amendment included on the Board’s September 22, 2026, agenda.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jason Searles, Supervising Deputy County Counsel, 387-5455) on September 11, 2026; and County Finance and Administration (Lizveth Varela, Administrative Analyst, 387-4205) on September 3, 2026.