On December 15, 2023 a
Complaint,Petition
was filed
involving a dispute between
Sierra Club,
and
City Of Fontana,
City Of Fontana City Council,
for California Environmental Quality Act
in the District Court of San Bernardino County.
Preview
LAW OFFICE OF ABIGAIL SMITH, A PROFESSIONAL CORPORATION
ABIGAIL A. SMITH SBN 228087
2305 Historic Decatur Road, Suite 100
San Diego, CA 92106
Telephone: (951) 808-8595
Email: abby@socalceqa.com
" ELECTRONICALLY FILED
Attomey f0r P etltloner’ S IERRA C LUB SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
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SAN BERNARDINO DISTRICT
12/15/2023 12:21 PM
By: Chelsea Nuss, DEPUTY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
C|V882332421
SIERRA CLUB, Case No.. .
Petitioner, Assigned to:
Dept. :
VS'
Action Filed:
CITY 0F FONTANA; CITY 0F FONTANA
CITY COUNCIL,
VERIFIED PETITION FOR
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Respondents, PEREMPTORY WRIT 0F MANDATE
vvvvvvvvvvvvvvvvvvv
(CEQA)
ACACIA REAL ESTATE GROUP, INC;
SARAH BOVA, ACACIA REAL ESTATE (Code CiV. Proc. §§ 1094.5 and 1085; Cal.
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DEVELOPMENT C/O THIENES Pub. Res. C. § 21000 et seq.)
ENGINEERING, INC.; and DOES 1 through
100, inclusive,
Real Parties in Interest.
-1-
VERIFIED PETITION FOR PEREMPTORY WRIT OF MANDATE
INTRODUCTION
1. On 0r about November 15, 2023, the City 0f Fontana (“City”) approved the Citrus
and Oleander Avenue at Santa Ana Warehouse Project (“the Proj ect”)—a project involving a
total 0f approximately 530,000 square feet 0f warehouse distribution buildings, immediately
\DOOQONUl-bUJNH
adjacent t0 Jurupa Hills High School and very close t0 Citrus High School and single-family
homes on properties that were zoned for single-family and medium density residential land uses.
On the same day, the City also approved a final environmental impact report (“Final EIR”) that
purports but fails t0 analyze the Widespread impacts 0f the Proj ect’s construction and operation.
2. Notably, the Proj ect is not the only major warehouse and distribution center that
has been approved in the City 0f Fontana. If the Proj ect is constructed and operated as planned,
residents 0f south Fontana and its surrounding areas Will be exposed t0 even more large-scale
warehouse development, increased truck traffic, and even worse air quality than they already
experience. Jurupa Hills High School will be surrounded by warehouse uses because the City
previously approved another large warehouse proj ect t0 the north of the high school. The Proj ect
will bring approximately 920 vehicle trips per day including approximately 320 truck trips t0 the
area that is already subj ected t0 substantial truck traffic, exposing school children and other
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sensitive receptors to even more air pollution, noise, and traffic in an area that is already
overburdened.
3. The Proj ect Will bring additional air pollution to the area, particularly from diesel
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truck trips t0 and from the Proj ect site, and the Proj ect will contribute t0 significant levels 0f
levels 0f greenhouse gas (“GHG”) emissions that Will add to, rather than reduce, climate change
impacts. The City was alerted during the Project’s administrative review process that there was a
need for further analysis and mitigation, notably, it was commented that the Proj ect site should
utilize buffering and setbacks t0 a greater extent t0 minimize the effects of the Proj ect’s
operations 0n adjacent sensitive land uses. Yet, the Project’s environmental review document
and the City’s environmental review process have failed t0 adequately address the suggestions
including the suggestion that the City further evaluate reasonable alternatives t0 reduce the
Proj ect’s impacts t0 the surrounding community of south Fontana.
-2-
VERIFIED PETITION FOR PEREMPTORY WRIT OF MANDATE
Document Filed Date
December 15, 2023
Case Filing Date
December 15, 2023
Category
California Environmental Quality Act
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LAW OFFICE OF ABIGAIL SMITH, A PROFESSIONAL CORPORATION ABIGAIL A. SMITH SBN 228087 2305 Historic Decatur Road, Suite 100 San Diego, CA 92106 Telephone: (951) 808-8595 Email: abby@socalceqa.com " ELECTRONICALLY FILED Attomey f0r P etltloner’ S IERRA C LUB SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO \DOOQONUl-bUJNH SAN BERNARDINO DISTRICT 12/15/2023 12:21 PM By: Chelsea Nuss, DEPUTY SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO C|V882332421 SIERRA CLUB, Case No.. . Petitioner, Assigned to: Dept. : VS' Action Filed: CITY 0F FONTANA; CITY 0F FONTANA CITY COUNCIL, VERIFIED PETITION FOR NNNNNNNNNr—tr—tr—tr—tr—tr—tr—Kr—tr—tr—t Respondents, PEREMPTORY WRIT 0F MANDATE vvvvvvvvvvvvvvvvvvv (CEQA) ACACIA REAL ESTATE GROUP, INC; SARAH BOVA, ACACIA REAL ESTATE (Code CiV. Proc. §§ 1094.5 and 1085; Cal. OOQONUl-hUJNHO©OOflO\Ul-5UJNHO DEVELOPMENT C/O THIENES Pub. Res. C. § 21000 et seq.) ENGINEERING, INC.; and DOES 1 through 100, inclusive, Real Parties in Interest. -1- VERIFIED PETITION FOR PEREMPTORY WRIT OF MANDATE INTRODUCTION 1. On 0r about November 15, 2023, the City 0f Fontana (“City”) approved the Citrus and Oleander Avenue at Santa Ana Warehouse Project (“the Proj ect”)—a project involving a total 0f approximately 530,000 square feet 0f warehouse distribution buildings, immediately \DOOQONUl-bUJNH adjacent t0 Jurupa Hills High School and very close t0 Citrus High School and single-family homes on properties that were zoned for single-family and medium density residential land uses. On the same day, the City also approved a final environmental impact report (“Final EIR”) that purports but fails t0 analyze the Widespread impacts 0f the Proj ect’s construction and operation. 2. Notably, the Proj ect is not the only major warehouse and distribution center that has been approved in the City 0f Fontana. If the Proj ect is constructed and operated as planned, residents 0f south Fontana and its surrounding areas Will be exposed t0 even more large-scale warehouse development, increased truck traffic, and even worse air quality than they already experience. Jurupa Hills High School will be surrounded by warehouse uses because the City previously approved another large warehouse proj ect t0 the north of the high school. The Proj ect will bring approximately 920 vehicle trips per day including approximately 320 truck trips t0 the area that is already subj ected t0 substantial truck traffic, exposing school children and other NNNNNNNNNr—tr—tr—tr—tr—tr—tr—Kr—tr—tr—t sensitive receptors to even more air pollution, noise, and traffic in an area that is already overburdened. 3. The Proj ect Will bring additional air pollution to the area, particularly from diesel OOQONUl-hUJNHO©OOflO\Ul-5UJNHO truck trips t0 and from the Proj ect site, and the Proj ect will contribute t0 significant levels 0f levels 0f greenhouse gas (“GHG”) emissions that Will add to, rather than reduce, climate change impacts. The City was alerted during the Project’s administrative review process that there was a need for further analysis and mitigation, notably, it was commented that the Proj ect site should utilize buffering and setbacks t0 a greater extent t0 minimize the effects of the Proj ect’s operations 0n adjacent sensitive land uses. Yet, the Project’s environmental review document and the City’s environmental review process have failed t0 adequately address the suggestions including the suggestion that the City further evaluate reasonable alternatives t0 reduce the Proj ect’s impacts t0 the surrounding community of south Fontana. -2- VERIFIED PETITION FOR PEREMPTORY WRIT OF MANDATE