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HomeMy WebLinkAbout03. Planning Commission Minutes 3-6-24 MINUTES DOWNEY CITY PLANNING COMMISSION WEDNESDAY, March 6, 2024 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chair Uva called the March 6, 2024 Regular Meeting of the Planning Commission to order at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. PLEDGE OF ALLEGIANCE: Led by Commissioner Lujan COMMISSIONERS PRESENT: Carmela Uva, Chair, District 4 Mario Guerra, Vice Chair, District 2 Hector Lujan, Commissioner, District 1 Elias Saikaly, Commissioner, District 3 COMMISSIONERS ABSENT: Louis Morales, District 5 OTHERS PRESENT: Irma Huitron, Director of Community Development John Funk, City Attorney Alfonso Hernandez, Principle Planner Abraham Luna, Associate Planner Jerry Clemente, Associate Planner Marissa Montero, Assistant Planner Ria Ioannidis, Planning Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Vice Chair Guerra informed staff he will be out of town during the April Planning Commission Meetings and have gone by the project site. Commissioner Lujan as well as Commissioner Saikaly had none. Chair Uva reported none. PRESENTATIONS: Community Development Director Huitron introduced Ray Pasqua from the Sagecrest Planning + Environmental consulting firm providing the first part of the Development Review Process Overview slide show presentation and Director Huitron stated she will provide the latter part of the presentation. A PowerPoint presentation was provided. REPORT ON CITY COUNCIL ACTION: None. PUBLIC HEARINGS: 1. PLN-21-00025 & PLN-23-00086 (Site Plan Review, Variance, Lot Merger, & Final Environmental Impact Report): Chair Uva opened the public hearing for PLN-21-00025 and PLN-23-0086 and the secretary affirmed proof of publication. Principal Planner Alfonso Hernandez presented a request for a Site Plan Review to construct a 535,685 square foot industrial tilt-up building to be used as a warehouse distribution facility on a 29.16-acre lot, with 25,000 square feet of mezzanine and 20,000 square feet of office space. Within the warehouse space will also be 26,785 square feet of cold storage. The Variance request is to build at a maximum height of 54’ (feet), rather than 45’. A lot merger request is made to consolidate five (5) separate lots (APNs: 6284-019-013, 6284-019- 014, 6284-019-015, 6284-019-016 and 6284-019-017) on property zone General Manufacturing (M-2). Planning Commission March 6, 2024 Minutes - 2 - Vice Chair Guerra asked about the exits for the trucks and stated his concern regarding the potential for trucks entering the neighborhood streets. Vice Chair Guerra expressed concern for trucks traveling eastbound on Hall Road and how can it be stopped. Hernandez clarified the percentages associated with passenger vehicles and trucks. Hernandez that there is a condition that would limit the project with a right turn only exit onto Hall Road. Hernandez explained if a truck attempts to travel through Hall Road it will be subject to a citation according to the truck route terms. Vice Chair Guerra shared his concern regarding traffic, number of bays, impacts to nearby neighborhood, any potential for on-site contamination, pollution, night construction/noise. Hernandez and consultants provided responses addressing the various topics. Chair Uva thanked Principal Planner Hernandez for a thorough and detailed report presentation and asked if any Commissioners have any questions for staff. Vice Chair Guerra asked if staff had received any comments from residents. Hernandez stated he had a phone call conversation with one of the surrounding residents that expressed concern on the air quality and six letters received from the public and two from public agencies. Community Development Huitron explained that the zoning for the site will not change as part of the project. Vice Chair Guerra expressed concern regarding turns onto Hall Rd. and asked if a median can be placed to prevent trucks making an illegal left turn. Commissioner Saikaly asked Hernandez about public outreach regarding this project. Hernandez responded that public notices were sent out regarding the property ten days ago. Director Huitron informed the Commissioners the public outreach for this project property is based on Downey’s Municipal Code which is consistent with the state code as staff noticed in the public newspaper providing ten day notice along with notices that were sent out to all property owners. Vice Chair Guerra expressed concern regarding notification regarding the project. Principal Planner Hernandez provided an overview regarding the extent of the outreach process associated with the CEQA documents preparation and notices to the surrounding residents of the project. Commissioner Saikaly asked to verify a specific date which notices had been sent out. Hernandez stated the date of December 13, 2023. Commissioner Saikaly expressed concern regarding pouring concrete during the overnight hours which could create loud noise to the public and especially pumping the concrete. Director Huitron suggested to allow the applicant to answer concerns on the project. Commissioner Saikaly asked of any street dedication that the other cities would be imposing on the applicant. Huitron answered there are street improvements that will be required from the applicant and plans will be submitted to the Public Works Department. Planning Commission March 6, 2024 Minutes - 3 - Commissioner Saikaly asked if there is a geotechnical report inside the EIR report. Project Consultant responded there was technical analysis conducted and included as part of the appendices draft and referred to the presentation slide for the details. Commissioner Lujan asked regarding the EV Chargers and how many will be installed on the property. Hernandez clarified the 29 EV Chargers are for the passenger vehicles. Chair Uva asked for the process of notifying the residents regarding overnight construction. Chair Uva opened the public hearing. Chair Uva ask the Applicant or Representative to come forward and give testimony. Applicant DJ Arrellano, Representative for Prologis and current owner of the proposed project expressed gratitude to staff and most of all to Principal Planner Alfonso Hernandez for his dedication and assistance in bringing this project forward. Applicant explained its business nature and quality projects drawing the attention to superior tenants. Applicant addressed the Commission on the overall quality construction process including the truck route and answered all questions, concerns and comments from the Commissioners. Vice Chair Guerra complimented the company’s reputation and history on their other sites in Downey. He also asked if there are EV Chargers in these locations. Applicant responded there are chargers and one was built for a truck terminal on Woodruff which is in the specs. Vice Chair Guerra expressed encouragement to the Applicant to be creative with a design and not look like a warehouse. Commissioner Lujan thanked the Applicant for investing in Downey and trusting to be good neighbors to our community throughout the construction process. Chair Uva thanked the Applicant for bringing this project to Downey. She stated it is now an unattractive site and will be greatly approved to a nice-looking building. Chair Uva asked if there is any correspondence. Correspondence: Letter on the dais and in back of the room submitted by Steven Hipkorn from the Golden State Environmental Justice Alliance, the interested party also submitted a comment during the NOA of the EIR and contends the EIR is flawed and should be redacted with new evaluations and recirculated for public review. Public Comment: Various speakers spoke in favor of the project. A speaker stated concerns regarding traffic and parking and was not in favor of the project. Chair Uva asked if the Applicant would like to make any additional comments as there was one opposition. Applicant of Prologis stated he will make sure the neighbor is contacted and provide the Prologis direct line to make connection. Chair Uva thanked the members of the public for taking time off from their busy schedules to address their comments. Chair Uva closed the Public Hearing. Planning Commission March 6, 2024 Minutes - 4 - Chair Uva reopened the Public Hearing. Commissioner Saikaly asked the Applicant if it’s possible to employ local hires from the City of Downey to work in the facility for construction. Applicant responded his partners and contractors prefer local hiring in which will have priority. He mentioned nothing can be promised, however willing to make that connection. Commissioner Saikaly asked for positions to be hired other than the skilled workers such as cleaning, something to give an opportunity to those that don’t have the skills to be able to work as well. Applicant informed one of the labors on the direction of assignments and will make a connection with the general contractor to prioritize local hiring. Chair Uva closed the public hearing. Deliberation: Chair Uva asked the Commissioners if there are any more questions. Vice Chair Guerra asked regarding the 54-foot high which is 5 stories which he feels it is pretty big and is concerned about any issues. Director Huitron elaborated on the Variance request. Chair Uva asked if there any more questions. Vice Chair Guerra asked there can be comments before voting. Chair Uva responded to modifications to the conditions of approval need to be made before voting. Vice Chair Guerra requested a condition not to allow left turn on Hall Rd. and possible a median, if feasible. Commissioner Saikaly is concerned on the concrete hours and asked if it can be changed. Director Huitron asked Chair Uva to open the public hearing so the applicant could address the Commission’s concern regarding nighttime pours. Chair Uva reopened the public hearing. Applicant, Mr. Arrellano along with Johnathan Payne, Vice President of Development for Los Angeles responded to Commissioner Saikaly regarding timing restrictions explained the EIR evaluated nighttime pours and if this was to be done during the daytime the duration will take longer. Applicant Mr. Arrellano along with Johnathan Payne explained the change in hours will have an impact on the project which will take longer to complete and it risks the quality of the concrete which will lead to additional pouring. Vice Chair Uva explained to limit the hours at night from 7pm to 2am and if it’s possible or would it be prolonged. VP, John Payne explained there is a long finishing process after the concrete is poured as there are various machines used in the curing process and if that process is short circuit there will not be a full curing and can lead to the quality of the concrete and extend the pour out. Planning Commission March 6, 2024 Minutes - 5 - Vice Chair Guerra asked on how many hours or nights concrete will take place. Applicant Arrellano stated 40 days. Director Huitron informed the 40 days is the maximum during the construction of the project and no more time than 12 consecutive days. Vice Chair Guerra stated his concern over the duration. VP John Payne acknowledged the 12 consecutive days is a lot and for the construction team. He presented 6 days or maybe 5 days would be more appropriate in terms of a duration with a break. Chair Uva responded the Commissioners would like that. Chair Uva closed the public hearing again. Director Huitron detailed the drafted modification conditions based on the comments heard. • The first condition relates to agenda number page 55 related to mitigation measure NOA dash 1 reads, due to weather pouring of concrete at night or on Sunday or on any City’s recognized holiday requires the project applicant or designated contractor should provide written notification of nighttime and weekend concrete work to all residents located (strike the 300 feet) and replace to 750 feet of the project site and that is related to the Commissions comment about providing a wider notification to include along Coldbrook Ave. • The second modification relates to Planning Commission Page 81 and that’s Condition of Approval 49 currently reads construction hours shall be limited to 7am to 7pm Monday through Friday and 8am to 5pm on Saturdays and there shall be no construction outside of these hours unless given approval prior approval through a temporary use of land application to be approved by the Community Development Director and the Applicant may at no request nighttime activity to occur no more than 5 days maximum. No more than 5 consecutive days maximum and no more than collective 40 days as analyzed by the Environmental Impact Report. • The last modification related to Planning Commission Agenda 83 Condition of Approval 73 and skipped to the last sentence of that paragraph the final layout inside site driveway approach design shall include if feasible a median or apparent permanent barrier along Hall Road to prevent Westerly left turns and or require the driveway approach to be designed in such a way that the driveway is geometrically designed to only show trucks and vehicles to turn right on Hall Rd in the Easterly direction thereby preventing left turn lanes going West on Hall Rd. Such design shall be subject to review and approval by the Public Works Department. Principal Planner Hernandez asked to confer with Director Huitron before deliberations. Director Huitron asked to adjust a minor modification to the staffs proposed modifications to Agenda. • Page 55 remains as is, however, the condition to require notification for 750 foot radius be included on Conditions of Approval 49 instead which would have the same effect of requiring a 750 foot notification and that modification has been brought to my attention as necessary in order to ensure that action taken today in a positive manner for this project and not be delayed due to procedural requirements for having recirculation with the EIR and to clarify to the public the Conditions of Approval would have the same affects requirements of the applicant to be responsible for notifying within a 750 foot radius. • Adding to the comments for the records, door hangers and mailing and also direct notification to the property owners of any construction activities that will occur outside of regular construction hours. Chair Uva thanked Director Huitron for drafting the condition of approval modifications. Vice Chair Guerra thanked the members of the public. Planning Commission March 6, 2024 Minutes - 6 - Chair Uva commended the City staff for the project, especially Principal Planner Alfonso, who was on the project from the very beginning. She understands the project was a huge undertaking and expressed her gratitude. It was moved by Commissioner Lujan, to adopt Resolutions 24-4022 and 24-4023 for PLN-21-00025 and PLN- 23-00086 Site Plan Review and Final Environmental Impact Report, with modified conditions of approval as read into the record by Director Huitron. The motion was made by Commissioner Lujan and seconded by Commissioner Saikaly and the motion passed 4-0-1 (Morales). NON-AGENDA PUBLIC COMMENTS: None CONSENT CALENDAR ITEMS: Chair Uva asked to approve the February 21, 2024 Planning Commission Minutes. It was moved by Vice Chair Guerra and seconded by Commissioner Lujan, and passed by a vote of 4-0-1 to approve the February 21, 2024 Minutes. OTHER BUSINESS: None Chair Uva asked if the Community Development Director has any additional comments. Director Huitron echoed some of the comments made by the Commissioners of the fantastic work completed by Principal Planner Alfonso Hernandez, as he was a strong point of the team with wealth of knowledge as heard today and for his dedication to this project. She also commented other staff members that worked on the project behind the scenes. Vice Chair Guerra commented on the staff’s credibility and helpfulness and thanked staff. STAFF MEMBER COMMENTS: None. ADJOURNMENT: Chair Uva adjourned the meeting at 9:15 pm, to Wednesday, March 20, 2024, at Downey City Hall, 11111 Brookshire Avenue. APPROVED AND ADOPTED this 15th day of May, 2024. _____________________________ Carmela Uva, Chair City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on this 15th day of May, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Ria Ioannidis, Planning Secretary Community Development Department/Planning