HomeMy WebLinkAbout01. Staff ReportSTAFF REPORT
PLANNING DIVISION
DATE: MARCH 6, 2024
TO: PLANNING COMMISSION
SUBMITTED/
REVIEWED BY: IRMA HUITRON, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: ALFONSO HERNANDEZ, PRINCIPAL PLANNER
SUBJECT: PLN-21-00025 (SITE PLAN REVIEW, VARIANCE) & PLN-23-00086 (LOT
MERGER) – A REQUEST TO CONSTRUCT A 535,685 SQUARE FOOT
INDUSTRIAL TILT-UP BUILDING TO BE USED AS A WAREHOUSE
DISTRIBUTION FACILITY AT A MAXIMUM HEIGHT OF 54’ (FEET),
RATHER THAN THE REQUIRED 45’, AND THE CONSOLIDATION OF
FIVE (5) SEPARATE LOTS (APNs: 6284-019-013, 6284-019-014, 6284-
019-015, 6284-019-016 AND 6284-019-017)
LOCATION: 9300 HALL ROAD, 9350 HALL ROAD, AND
9363 STEWART AND GRAY ROAD
ZONING: GENERAL MANUFACTURING (M-2)
REPORT SUMMARY
This application includes three separate entitlement requests: a Site Plan Review, Variance, and
Lot Merger. A Site Plan Review (SPR) is required to allow for the construction of a 535,685 square
foot industrial tilt-up building. The applicant is also requesting a Variance to allow for a maximum
building height of 54’ (feet), rather than the required 45’. Lastly, a Lot Merger is required to
consolidate five separate lots into one.
The building will be used as a warehouse distribution facility with 490,685 square feet used as
warehouse, 20,000 square feet as office space, and 25,000 square feet for a mezzanine. Within
the warehouse space, 26,785 square feet are anticipated to be used as cold storage. The project
also proposes 683 passenger vehicle parking spaces, 255 trailer parking spaces, and 109 dock
doors accessing the warehouse space.
The project underwent an Initial Study, pursuant to the California Environmental Quality Act
(CEQA). The results of the Initial Study identified impacts to be “potentially significant.” Therefore,
an Environmental Impact Report (EIR) was produced for the project. One of the impacts, related
to noise, cannot be mitigated to an extent of “less than significant” with regard to temporary
nighttime construction activity. A Statement of Overriding Consideration is recommended for the
Planning Commission’s consideration.
Based on the analysis contained in this report, Staff is recommending that the Planning
Commission adopt the resolutions listed below.
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1.RESOLUTION No. 24-4022 OF THE PLANNING COMMISSION OF THE
CITY OF DOWNEY (1) CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT, (2) ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS, AND (3) ADOPTING THE MITIGATION MONITORING
AND REPORTING PROGRAM FOR THE PROLOGIS STEWART & GRAY
WAREHOUSE PROJECT, PLN-21-00025 AND PLN-23-00086, AT 9300
HALL ROAD, 9350 HALL ROAD, AND 9363 STEWART AND GRAY ROAD .
2.RESOLUTION No. 24-4023 OF THE PLANNING COMMISSION OF THE
CITY OF DOWNEY APPROVING SITE PLAN REVIEW AND VARIANCE
PLN-21-00025 AND LOT MERGER PLN-23-00086, THEREBY ALLOWING
THE CONSTRUCTION OF A NEW 535,685 SQUARE FOOT INDUSTRIAL
WAREHOUSE BUILDING AND A MAXIMUM CONSTRUCTION HEIGHT OF
54’ (FEET), AS WELL AS THE CONSOLIDATION OF FIVE SEPARATE
PARCELS (APNs: 6284-019-013, 6284-019-014, 6284-019-015, 6284-019-
016 AND 6284-019-017), AT 9300 HALL ROAD, 9350 HALL ROAD, AND
9363 STEWART AND GRAY ROAD WITHIN THE GENERAL
MANUFACTURING (M-2) ZONE.
APPROVAL AUTHORITY
1.Site Plan Review: Downey Municipal Code (DMC) Section 9820 requires the Planning
Commission to deliberate on matters concerning major new construction and
redevelopment within the manufacturing zones.
2.Variance: DMC Section 9826 requires the Planning Commission to deliberate on requests
for deviation from physical development standards, unless the deviation is authorized to
be approved by the City Planner as outlined in DMC Section 9814.04.
3.Lot Merger: DMC Section 9960 and Government Code Section 66499.20.3, Subdivision
Map Act, allows for the merger of the subject parcels and requires the Planning
Commission to deliberate on matters pertaining to such subdivisions.
BACKGROUND
The subject property is currently developed with five separate buildings and a total of 433,000
square feet. Although currently vacant, at the time of the application the site was fully functional
with a mix of industrial uses that included manufacturing, warehousing, storage, and recycling.
The site is comprised of five lots, APNs: 6284-019-013, 6284-019-014, 6284-019-015, 6284-019-
016 and 6284-019-017. The five lots all have contiguous access and function as one site with
separate tenant spaces. The buildings were built from 1951 to 1967, and no major renovations
have taken place since that time.
Overall, the site is 29.16 acres functioning like a through lot with two street frontages at the front
and rear. The front of the site is along Stewart and Gray Road and the back of the site is along
Hall Road. The site is located in the eastern portion of the City, and more specifically, closest to
the northwest corner of the Stewart & Gray Road and Woodruff Avenue intersection. The parcels
are within the City’s General Manufacturing (M-2) zone and have a General Plan Land Use
designation of “General Manufacturing”. The properties directly to the South, East, and W est are
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also zoned M-2 and developed with commercial recreation, automotive repair, towing, and
manufacturing uses. The properties directly to the North are within the Lakewood/Firestone
Specific Plan (SP 91-2) and developed with commercial uses. Further, West and Northeast of the
site are residential zones developed with both single family and multi-family properties.
Stewart and Gray Road Frontage
Hall Road Frontage (West)
Hall Road Frontage (East)
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Aerial and Surrounding Uses
DISCUSSION
The project is comprised of three separate requests. First, an SPR evaluates the proposed site
changes, landscaping, circulation, and compliance with the DMC. Second, a Variance analyzes
the request for deviations to the maximum height allowance for the M-2 zone. Lastly, the Lot
Merger ensures that consolidation of parcels complies with the DMC and Subdivision Map Act.
Site Plan Review
The changes to the existing site include the demolition of all buildings totaling 433,000 square
feet and the complete grading of the entire site. The proposed redevelopment will consist of a
new 535,685 square foot, 54’ tall, concrete tilt-up building. The building will be comprised of the
following: 490,685 square feet will be used as warehouse space, 20,000 square feet designated
for office, and 25,000 square for an interior mezzanine space. Within the warehouse space,
26,785 square feet (5%) are designated for cold storage. Additional alterations also include
landscaping, parking, walls/fences, and pedestrian access.
Subject Site
Multifamily Industrial Industrial Industrial Towing
Auto
Repair
Commercial
Recreation
Multifamily
Commercial
Single Family
Single Family
Multifamily
Stewart & Gray Road Woodruff Avenue N
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Major development standards and project components are as follows:
Table 1
Development Standards
Standard Proposed
Lot Size 40,000 ft2 29.16 Acres
(1,270,209.60 ft2)
Lot Coverage Not Required 41%
Floor Area Ratio 0.6 per General Plan 0.41
Setbacks:
Front
Rear
Side
10 ft.
20 ft.
Not Required
87.5’
53.33’
370’ East; 192’4” West
Building Height 45 ft. 51’6” from Stewart & Gray
(South Elevation); 54’ from
Hall Rd. (North Elevation) (As
measured from curb per
DMC)
Parking 646 Spaces
1/800 ft2 (Warehouse)
668 Standard
150 Trailer
Landscaping 10% of site 10.5% of site
Table 2
Additional Project Components
Building One (1) industrial warehouse building:
535,685 sf. (includes: 490,685 sf warehouse,
20,000 sf office, and 25,000 mezzanine.)
Project Type Contemporary, concrete tilt-up industrial
warehouse
Ingress/Egress Five (5) total driveways: two (2) along Stewart
and Gray Rd. and three (3) along Hall Rd. (Hall
Rd. traffic is required to exit Eastbound)
Architecture
The proposed design of the building is most closely associated with contemporary style
architecture. The construction method will include large concrete tilt-up panels comprising the
vast majority of the sides and rear elevations with significant glazing located at the corners of the
building. The front elevation facing Stewart and Gray Road will also include concrete tilt-up
panels, however, heavy glazing and finishes are proposed at the corners of the front elevation
closest to the two driveways serving that property line (as shown in Figure A). The rear (Figure
B) along Hall Road and the side (Figure C) elevations closely resemble the architectural treatment
located at the front, however, a total of 109 dock doors will be located in the middle of these
elevations. The additional architectural materials used to highlight the corners of the building
include wood siding, metal paneling, and steel canopy structures.
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West Portion of Front Elevation
East Portion of Front Elevation
Figure A – Front Elevation (Stewart & Gray Road)
East Portion of Rear Elevation
West Portion of Rear Elevation
Figure B – Rear Elevation (Hall Road)
South Portion of Side Elevations
North Portion of Side Elevations
Figure C – Side Elevations
*The red arrow represents the middle portion of the elevation and is pointing toward the edge of the building.
Operations
The applicant currently does not have a tenant for the site, and plans to build a speculative
building. The applicant has disclosed that they intend to have one tenant occupy the site. The
anticipated land use is warehouse as defined in the DMC, and more specifically a large-scale
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warehouse distribution center. The facility is anticipated to operate 24 hours a day, 7 days a week.
The applicant believes the site will operate at 100% during the hours of 7am to 5pm, 40% during
the evening hours of 5pm to 10pm, and 60% during the hours of 10pm to 7am. The site is
anticipated to have 250 employees present at any given time.
Access, Circulation, Docks and Parking
The site is accessible from the two street frontages along Stewart & Gray Road and Hall Road.
Stewart & Gray Road has two 40’ driveway openings and Hall Road has three driveway openings,
two of which are 40’ wide and another that is 45’ wide. The drive aisle widths surrounding the
building are no less than 26’ wide, which allows for maneuvering throughout the site for either
freight vehicles or emergency vehicles. Access onto the site and out of the site will occur at all
driveways, however, traffic is anticipated to travel east of the site, with only 8% of the project
vehicle distribution traveling westbound. In addition, a condition of approval has been
incorporated prohibiting vehicles from making left turns out of the site from the Hall Road exits.
Freight vehicles are also not allowed to access the site traveling eastbound on Hall Road because
the street segment is not a part of the City’s approved truck route. The project is also conditioned
to adhere to the City’s truck route.
On the site, freight vehicles will drop off and pick up materials from a total of 109 docks located
on three separate sides of the building. The front elevation along Stewart & Gray Road is the only
side of the building without truck docks. Freight vehicles not stationed at docks will have access
to 150 parking spaces, and passenger vehicles will have access to a total of 668 parking spaces.
The parking provided complies with the requirements of the DMC and is detailed in Table 1 of this
report.
Off-site traffic projections and distribution in and out of the site are discussed in the Environmental
Review portion of this report.
Variance
The proposed Variance is a request to deviate from the 45’ maximum height requirement
stipulated in DMC Section 9318.06. Manufacturing Zones Property Development Standards. In
particular, the applicant is requesting approval to construct at a maximum height of 54’ rather than
the required 45’. The building height varies at separate portions of the structure and ranges from
51.5’ to 54’, as measured from curb height, as building height is defined in the DMC. The overall
height of the building measured from the lowest modified grade is a maximum of 56.5’ due to the
dock wells that are sloped lower by an additional 5’ compared to the overall grade of the site. The
majority of the height exceeding the DMC requirement is the result of parapet walls along the
perimeter of the building used to conceal roof-mounted mechanical equipment. The interior of the
building will only have a clear height of 47’. Figure D below illustrates the building's height
components.
The Variance is deemed necessary for the operation of the site due to the evolving industry
standards placed upon warehousing distribution facilities, and the modern storage equipment now
used within these facilities. The DMC regulations were established prior to the development of
these new industry standards and would limit the facility’s ability to operate at what the applicant
describes as a Class A facility. This constitutes the exceptional circumstance presented upon the
use and structure.
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It is evident that current zoning regulations were established prior to changes in industry demands
and standards. The most recent development standards for the manufacturing zones were
established in 2008. Therefore, development standards for the site do not consider new emerging
potential industrial tenants. These new emerging tenants are categorized as high distribution, high
cube fulfillment centers, and last mile distribution centers. These types of uses have become more
prominent due to increases in online sales. Ultimately, it is Staff’s opinion, DMC standards are
not commensurate with the proposed use and place an undue burden on the applicant’s ability to
produce a “Class A” industry standard state-of-the-art facility.
Figure D – Height Details
Lot Merger
The project proposes the consolidation of five separate Assessors Parcel Numbers (6284-019-
013, 6284-019-014, 6284-019-015, 6284-019-016 and 6284-019-017). The total size of the lots
is 29.16 acres (1,270,209.60 sf). The parcels are legally established and can be found as Parcels
2, 3, and 4 of Parcel Map No. 15573, as recorded in Book 186, Pages 16 through 18, inclusive,
of Parcel Maps of the County of Los Angeles.
A Notice of Intention to Merge was recorded with the Los Angeles County Recorder’s Office on
February 22, 2024. The notice informs all interested parties that such a project is under
consideration by the City of Downey. If the Lot Merger request is approved, soon after the action
of the Planning Commission, a Notice of Merger will be filed with the Los Angeles County
Recorder’s Office informing interested parties of the approval of the Lot Merger. If denied, the
Community Development Director shall cause to be recorded, a release of the Notice of Intention
to Merge. Ultimately, in order to execute the merger, a legal description and map must be
recorded, by the applicant, with the Los Angeles County Recorder’s Office. The proposed legal
description and map can be found as Exhibit F of this report.
The lot merger is one of the appropriate procedures outlined in the Subdivision Map Act to
facilitate the consolidation of multiple parcels. The properties are required, in this case, to merge
the parcels in order to be able to build a structure across boundary lines, which would otherwise
be prohibited by the California Building Code. Other methods of consolidation include lot ties or a
54’ 56’6”
47’ 51’6”
42’ 47’
’
42’
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“Parcel Map”. No one method supersedes another concerning the proposed consolidation. The
method was selected by the applicant in coordination with the City’s Public Works Department.
DEVELOPMENT REVIEW COMMITTEE
The Development Review Committee (DRC) discussed and evaluated the project as it pertains
to Planning, Police, Fire, Public Works, and Building and Safety matters. The outside departments
expressed no concerns or opposition to the project and issued standard conditions of approval.
Recommended conditions of approval have been included in the attached Project Resolution,
Exhibit B.
The Planning Division expressed concerns related to traffic and noise impacts. With regard to
traffic, Staff requested that the EIR evaluate impacts for the most intensive industrial use of high
cube fulfillment. It is important to note that the applicant has not suggested that a high cube
fulfillment tenant will utilize the site, however, the EIR has analyzed for the type of use just in
case. In addition, Planning Staff has conditioned all traffic entering and exiting the site avoid
traveling through “local streets”. “Local streets” is the classification given to streets that travel
through neighborhoods. As low density residential exists west of the site on Hall Road primarily,
truck and carrier vehicles are only allowed to travel to and from the East when accessing the site
from Hall Road.
In relation to noise, as further explained in the following section of this staff report, the EIR finds
that nighttime construction noise cannot be mitigated to an extent of “less than significant.” The
project has been conditioned to notify residents within a 300’ radius of the site when nighttime
construction will take place with a phone number to call to submit complaints. In addition, a sign
will be installed on the property listing a contact from the City and applicant to obtain further details
and submit concerns.
ENVIRONMENTAL ANALYSIS
The City reviewed the environmental impacts of the proposed project pursuant to the California
Environmental Quality Act (CEQA), and based on the results of an Initial Study, it was determined
the project is subject to an EIR.
A copy of the Final EIR, Draft EIR Clarifications and Revisions, Response to Comments, and
the Mitigation Monitoring and Reporting Program (MMRP), are attached to this report as
Attachment D. The appendices, obtaining technical reports and data referenced, for the Final
EIR can be accessed via the City’s website at
https://lf.downeyca.org/WebLink/DocView.aspx?id=1003222&dbid=0&repo=Downey. The
appendices are complete and considered a part of the Final EIR. No changes were made and
the appendices document posted on the City’s website is current and will be attached to the
final record of the Final EIR.
The EIR identifies that the project may create the following:
No Impacts related to the topics of Agriculture and Forestry Resources, Mineral Resources,
and Recreation.
Less Than Significant impacts related to Aesthetics, Air Quality, Biological Resources, Energy,
Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Population and
Housing, Public Services, Utilities and Service Systems, and Wildfire.
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Less Than Significant with Mitigation Incorporated impacts related to Cultural Resources,
Tribal Cultural Resources, Hazards and Hazardous Materials, Land Use and Planning, and
Transportation.
Significant and Unavoidable impacts related to Noise.
Less than Significant Impacts
Impacts related to Aesthetics, Air Quality, Biological Resources, Energy, Geology and Soils,
Greenhouse Gas Emissions, Hydrology and Water Quality, Population and Housing, Public
Services, Utilities and Service Systems, and Wildfire have been found to be less than
significant. This is because the project outputs meet or exceed established thresholds by
external regulating bodies. Or in the case of aesthetics, it is not foreseeable that the project
would produce impacts because no landmarks or scenic views are within close proximity to the
project. In the case of biological resources, there is a scarce amount of trees on site and it is not
anticipated that nesting is to occur. The table below provides details of the EIR’s Health Risk
Assessment comparing acceptable thresholds with the project output. Projected outputs are
provided for both construction pollutants and normal operations.
Table 3
Less Than Significant Impact
Threshold Projected
Air Quality SCAQMD Thresholds of Significance
Construction Operations
VOC = 75 55
NOX = 100 55
CO = 550 550
SOX = 150 150
PM10 = 150 150
PM2.5 = 55 55
Construction Operations
65.2 9.2
60.8 -7
48 24
0.2 0.1
79.2 10.6
11.3 2.7
VOC = volatile organic compounds; NOX = nitrogen oxides; CO = carbon monoxide; SOX =
sulfur oxides; PM10 = particulate matter 10 microns or less in diameter; PM2.5 = particulate
matter 2.5 microns or less in diameter
Less Than Significant with Mitigation Incorporated
Impacts related to Cultural Resources, Tribal Cultural Resources, Hazards and Hazardous
Materials, Land Use and Planning, and Transportation have been found to be less than significant
with mitigations incorporated into a Mitigation Monitoring and Reporting Program (Exhibit D.3.).
Cultural Resources
Mitigation measures pertaining to cultural resources are identified in the MMRP as mitigations
CUL-1 and CUL-2. The mitigation measures are included in order to reduce potential impacts to
unanticipated archaeological resources discovered during construction. While past ground
disturbance on the subject site has significantly modified most areas with the potential to support
archaeological deposits within the project site, there remains some potential to encounter
unknown archaeological resources during construction in less developed areas during the course
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of project construction. The mitigation measure included provides management
recommendations in the event that resources are discovered.
Tribal Cultural Resources
TRC-1, TRC-2, and TRC-3 of the MMRP relate to impacts that may affect tribal and cultural
resources discovered during construction. More importantly, the mitigations are incorporated in
order to appropriately appoint, identify and preserve resources in the event of a discovery. The
mitigations and consultation process, pursuant to Assembly Bill (AB) 52, are described in further
detail in the section of this report titled Tribal Consultation.
Hazard and Hazardous Materials
Impacts related to hazards and hazardous materials are mitigated as detail in mitigations HAZ-1,
HAZ-2, and HAZ-3 of the MMRP. The mitigations consist of monitoring for hazardous materials
that may become exposed during excavation, demolition, or application of material. This includes
the appropriate procedures to follow if a hazardous substance is located. This includes testing
building materials for substances such as lead and asbestos and providing appropriate
remediation if items are found.
Land Use and Planning & Transportation
The Land Use and Planning and Transportation category mitigations are labeled as TR-1 within
the MMRP. TR-1 requires that the applicants submit a Traffic Demand Management (TDM)
Program outlining both physical measures (e.g., bike lockers, designated carpool parking spaces,
etc.) and programmatic measures (e.g., guaranteed ride home program, employee transportation
coordinator, etc.) that would be implemented in order to provide traffic alternatives and reduce
vehicular traffic.
The Land Use and Planning section of the EIR discusses potential conflicts with the City’s General
Plan and truck traffic. In particular, General Plan Circulation Element Policy 2.3.3 discourages
land uses that generate high amounts of truck traffic. However, the Circulation Element also
provides guidance for when approval and consideration of such uses is appropriate. Specifically,
per Program 2.3.3.1, increases in truck traffic may be deemed appropriate when they provide a
benefit to the community. In addition, Program 2.3.3.2 calls for a requirement that such uses
undergo a discretionary process to analyze appropriateness. Land Use and Planning impacts are
reduced to less than significant with mitigation when taking into consideration the programs stated
above in combination with TR-1 to reduce overall traffic.
Impacts related to transportation involve total Vehicles Miles Traveled (VMT). VMT is the unit of
measurement used by CEQA to calculate the total miles driven within a specified area or to/from
a particular site. The proposed Project is forecasted to generate a baseline employment VMT of
19.2 VMT per employee. However, the threshold for significant impact is 15.3 VMT per employee.
That number can be reduced by providing alternative forms of travel, or providing amenities to
those that use alternative travel, as detailed in TR-1. Amenities include installing bike lockers and
exclusive parking for carpooling. Programs include guaranteed rides home or connecting
individuals wishing to carpool. The specific activities provided by the applicant are stipulate in TR-
1 and the TDM. The combination of programs and incentives in the TDM will reduce the project
VMT per employee to 15.2, and under the South County (Coast?) Air Quality Management
District’s established threshold.
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The traffic study also evaluated Level of Service (LOS) for road segments, intersections, and
freeway ramps that will primarily be used by the site. This is not required per CEQA, but
undertaken to understand if any upgrades will need to be performed to a particular street or traffic
signal. The analysis found that LOS will not be altered and will remain at a Level D grade. Level
D grade LOS is established as acceptable within the General Plan.
Lastly, the site is projected to generate a total of 167 new net trips. The previous use generated
a total of 3,316 trips, and the proposed use will generate 3,483 trips. The distribution of traffic is
expected to primarily flow east of the site. A total of 95% of trucks will travel to and from the east
to the site utilizing Firestone Boulevard, Woodruff Avenue, and eventually the I-605 freeway. This
includes a total of 80-85% of trucks traveling to and from the east on Firestone and another 10%
traveling from the south on Woodruff Avenue.
Significant and Unavoidable Impact
As identified in the EIR, only one category of impacts has been found to be significant and
unavoidable, and Statement of Overriding Considerations has been prepared for the Planning
Commission’s consideration (Exhibit B.1). The impact is limited to temporary nighttime
construction activities. More specifically, nighttime construction activities associated with concrete
pours could potentially expose neighboring sensitive land uses, such as residences, within 300
feet of the Project site to noise levels more than 10 dBA above the acceptable noise level of 70
dBA. While a mitigation measure has been prepared, the mitigation does not reduce the impact
to less than significant. Nonetheless, the mitigation is still included in an effort to reduce potential
burdens to nearby land uses. The applicant has shared that the nighttime construction would only
occur for a maximum of 40 days, non-consecutively. The maximum length of any one event is
approximately 12 consecutive days.
In summary, the mitigation measure requires that the contractor apply for a Temporary Use of
Land Permit to allow for nighttime construction and to specify the exact dates and time the activity
will be taking place. In addition, the applicant would also be required to send notices of the dates
and times for nighttime construction to all residents, property owners, and businesses within 300’,
no later than 48 hours before the activity takes place. The notice is required for each event.
CEQA guidelines allow the Planning Commission in its decision-making authority to balance, as
applicable, the economic, legal, social, technological, or other benefits, including city-wide
benefits, of the proposed project and find that these considerations outweigh the unavoidable
adverse environmental effect. Through the adoption of a Statement of Overriding Considerations
(Exhibit B.1), the adverse environmental effects can be considered acceptable. It is Staff’s opinion
that the acceptability of the environmental impact is further highlighted by the temporary nature
of the impact.
Noticing and Public Comments
A Notice of Availability (NOA) of a Draft EIR was prepared and made available for a forty-five (45)
day public review period from December 12, 2023 to January 25, 2024. The notice and description
for where to find EIR materials was sent out to residents and property owners located 500’ from
the subject property. In addition, outside agencies and interested parties were deliver ed
notification via certified mail. Furthermore, materials were made available to the public and
outside agencies digitally through the City’s website and in person at multiple City facilities,
including City Hall, Barbara J. Riley Center, Columbia Space Center, and Downey Library.
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The following comments were submitted to the City of Downey during the public review period:
1.Andy Lee – Teamsters Local 396 Union, 1/3/2024
2.Sheila M. Sannadan – Californians Allied for a Responsible Economy (CARE CA),
1/3/2024 (Three Letters Submitted)
3.Tamara Purvis – California Department of Toxic Substances Control (DTSC), 1/9/2024
4.Frances Duong – Caltrans District 7, 1/19/2024
5.Gary Ho - Golden State Environmental Justice Alliance, 1/24/2024
6.Victor Mineros - Teamsters Local 396 Union, 1/25/2024
The public comments and responses are available to decision-makers for their review and
consideration. Pursuant to State CEQA Guidelines, Staff has sent responses to comments directly
to Public Agencies that provided comments. Although not required unless requested, all other
commenters were notified of the scheduled public hearing of March 6, 2024.
Pursuant to State CEQA Guidelines:
•None of the information in the letters or responses constitute the type of significant new
information that requires recirculation of the EIR for further public review under State CEQA
Guidelines Section 15088.5 Recirculation of an EIR Prior to Certification.
•None of this new material indicates that the Project will result in a significant new
environmental impact not previously disclosed in the EIR for the Prologis Stewart and Gray Road
Warehouse Project.
•None of this information indicates that there would be a substantial increase in the severity
of a previously identified environmental impact that will not be mitigated, or that there would be
any of the other circumstances requiring recirculation described in State CEQA Guidelines
Section 15073.5.
Tribal Consultation
Pursuant to Government Code Sections 21080.3.1, Assembly Bill (AB) 52 requires lead
agencies to consider the effects of projects on tribal cultural resources and to conduct
notification and consultation with Native American Tribes that are traditionally and culturally
affiliated with the geographic area of the proposed project, prior to the release of a negative
declaration, mitigated negative declaration, or environmental impact report.
In accordance with AB 52, including Public Resources Code Section 210803.3.1(d), the City
provided notification of the required thirty (30) day consultation period which commenced on
October 11, 2022. Staff received one (1) response from the Gabrieleno Band of Mission Indians
–Kizh Nation and commenced consultation on October 4, 2022. Consultation was commenced
prior to the notification of consultation sent to all Native American Tribes because the
Gabrieleno Band of Mission Indians – Kizh Nation requested notification upon being made
aware of the project through the Notice of Preparation (NOP). The NOP was sent to all Native
American Tribes via certified mail. No other requests for consultation regarding the proposed
project from other local tribes were received by the City.
Gabrieleno Band of Mission Indians - Kizh Nation provided draft tribal cultural resources (TCR)
mitigation measures to the City on October 12, 2022, and after review of the draft TCRs. As a
result, Mitigation Measures TCR-1 through TCR-3 have been included in the MMRP. TCR-1
PLN-21-00025 & PLN-23-00086 – 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road
March 6, 2024 - Page 14
through TCR-3 require the observation of ground disturbing activities to be monitored by a
Native American monitor, that the applicant follow procedures for management of unanticipated
discovery of Native American human remains, and associated funerary objects/grave g oods
associated with the burial, and procedures of Native American burials and funerary remains, if
discovered.
In accordance with Public Resources Code Section 21080.3.2(b)(2), all parties have acted in good
faith in consulting regarding the project. The City deemed the consultation process to have been
concluded in accordance with Public Resources Code Section 21080.3.2(b)(2) on October 22,
2022.
PUBLIC OUTREACH & CORRESPONDENCE
On February 23, 2024, the notice of the pending public hearing was published in the Downey
Patriot and mailed to all residents and property owners within 500’ of the subject site. In addition,
the notice was also sent to all interested parties that previously requested notifications and outside
agencies.
The applicant also posted two 4’ tall by 8’ wide signs along Stewart & Gray Road providing a
rendering and description of the project. The sign lists a City phone number and applicant phone
number. The sign will remain on site until all nighttime construction and related on-site
improvements are no longer necessary.
As of the date this report was published, Staff has received no correspondence in response to
the public notice. Comments received related to the EIR are found in brief in the prior section. A
copy of the comments and a detailed response can be found in Exhibit D.2.
CONCLUSION
Based on the analysis contained within this report, Staff concludes that the proposed
Site Plan Review and Variance (PLN-21-00025), as well as a Lot Merger (PLN-23-00086), is
consistent with the goals and policies outlined in the General Plan, as well as all development
standards within the DMC with the exception of building height and days and hours of
construction. Furthermore, Staff is concluding that all findings required for approval can be made
in an affirmative and positive manner and can be found in Draft Resolution No. 24-4023 (Exhibit
C).
EXHIBITS
A.Maps (PC Agenda Page 15 – 17 of this Report)
B.Draft Resolution No. 24-4022 – Final EIR Certification (PC Agenda Page 18 – 64 of this Report)
1.CEQA Findings of Fact and Statement of Overriding Considerations (PC Agenda
Page 21 – 43 of this Report)
C.Draft Resolution No. 24-4023 – SPR, VAR, and LM (PC Agenda Page 65 – 87 of this Report)
D.CEQA Final Environmental Impact Report (PC Agenda Page 88 – 644 of this Report)
1.Response to Comments and Comment Letters (PC Agenda Page 645 – 853 of this
Report)
2.Draft EIR Clarifications and Revisions (PC Agenda Page 854 – 859 of this Report)
3.Mitigation Monitoring and Report Program (PC Agenda Page 860 – 882 of this Report)
4.Appendices
(Location: https://lf.downeyca.org/WebLink/DocView.aspx?
id=1003222&dbid=0&repo=Downey)
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March 6, 2024 - Page 15
E.Plans (PC Agenda Page 883 – 894 of this Report)
F.Lot Merger (PC Agenda Page 895 – 898 of this Report)
EXHIBIT A
LOCATION MAP
PLN-21-00025 & PLN-23-00086 – 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road
March 6, 2024 - Page 16
AERIAL PHOTOGRAPH
Subject Site
Stewart & Gray Road Woodruff Avenue N
PLN-21-00025 & PLN-23-00086 – 9300 Hall Road, 9350 Hall Road, and 9363 Stewart And Gray Road
March 6, 2024 - Page 17
ZONING MAP
Subject Site
Stewart & Gray Road Woodruff Avenue N