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HomeMy WebLinkAboutFull PC Agenda - Nov 20PLANNING COMMISSION AGENDA NOVEMBER 20, 2024 REGULAR MEETING – 6:30 PM COUNCIL CHAMBERS 11111 BROOKSHIRE AVE., DOWNEY, CA 1. CALL TO ORDER: A REGULAR PLANNING COMMISSION MEETING - 6:30 PM 2. FLAG SALUTE 3. ROLL CALL: Lujan, Saikaly, Morales, Vice Chair Guerra, Chair Uva 4. PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: 5. PRESENTATIONS: Study Session – Draft Objective Design Standards (ODS) & Zoning Text Amendments to implement the City of Downey Housing Element 2021-2029 6. REPORT ON CITY COUNCIL ACTIONS 7. PUBLIC HEARINGS: A. PLN-24-00060 (SPECIFIC PLAN AMENDMENT & ZONING TEXT AMENDMENT) Location: Rancho Los Amigos South Campus Specific Plan – Flex Tech/Bio-Medical Sub-district Request: A request to amend the Rancho Los Amigos South Campus Specific Plan to allow the continuation of industrial uses within existing buildings located in the Flex Tech/Bio-Medical (FTBM) sub-district and to add a definition for “Existing FTBM Building” within Downey Municipal Code section 9130 CEQA: Categorically Exempt - Section 15301 (Class 1–Existing Facilities) and Section 15061(b)(3) of the CEQA Guidelines. Staff: Planning Consultant, Laurel Reimer Recommendation: That the Planning Commission: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPT A ZONING TEXT AMENDMENT (PLN-24-00060), THEREBY AMENDING SECTION 9130 OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPT A SPECIFIC PLAN AMENDMENT (PLN-24-00060), THEREBY AMENDING TABLE 5-1 OF THE RANCHO LOS AMIGOS SOUTH CAMPUS SPECIFIC PLAN WITHIN EXISTING BUILDINGS LOCATED IN THE FLEX TECH/BIO-MEDICAL SUB- DISTRICT OF THE RANCHO LOS AMIGOS SOUTH CAMPUS SPECIFIC PLAN 8. PUBLIC COMMENTS: CONSENT CALENDAR/ OTHER BUSINESS/ NON-AGENDA Persons wishing to address the Planning Commission on any item listed on the Agenda, other than public hearing items, may do so at this time. It is requested, but not required, that you state your name, address, and subject matter upon which you wish to speak. Please limit your comments to no more than four (4) minutes. Pursuant to the Brown Act, no discussion or action, other than a brief response, referral to the City Planning staff or schedule for a subsequent agenda, shall be taken by the Planning Commission on any issue brought forth that is not listed on the Agenda. PLANNING COMMISSION AGENDA NOVEMBER 20, 2024 9. CONSENT CALENDAR ITEMS: 10. OTHER BUSINESS: 11. STAFF MEMBER COMMENTS 12. ADJOURNMENT Supporting documents are available at: www.downeyca.org; City Hall-City Clerk’s Department, 11111 Brookshire Avenue, Monday – Friday, 7:30 a.m. – 5:30 p.m. Video streaming of the meeting is available on the City’s website. In compliance with the Americans with Disabilities Act (ADA), if special assistance is needed to participate in this meeting, complete the City’s Title II ADA Reasonable Accommodation Form located on the City’s website and at City Hall - City Clerk’s Department, 11111 Brookshire Avenue, Monday – Friday, 7:30 a.m. – 5:30 p.m., and submit to the City Clerk’s Department or contact (562) 904-7280 or TTY 7- 1-1, 48 business hours prior to the Planning Commission meeting. The City of Downey prohibits discrimination on the basis of disability in any of its program and services. For questions, concerns, complaints, or for additional information regarding the ADA, contact the City’s ADA/Section 504 Coordinator at ADACoordinator@downeyca.org; Phone: (562) 299-6619; or TTY at 7-1-1. In compliance with Title VI of the Civil Rights Act, the City of Downey prohibits discrimination of any person in any of its program and services. If written language translation of City agendas or minutes, or for oral language interpretation at a City meeting is needed, contact (562) 299-6619, 48 business hours prior to the meeting. En cumplimiento con el Título VI de la Ley de Derechos Civiles, la Ciudad de Downey prohíbe la discriminación de cualquier persona en todos sus programas y servicios. En caso de necesitar una traducción escrita de los órdenes del día o las actas de las reuniones de la ciudad, o para solicitar un intérprete oral para una reunion de la ciudad, comuníquese con el (562) 299-6619 en el horario de atención comercial, 48 horas antes de la reunión. I, Ria Ioannidis, Planning Secretary, City of Downey, do hereby certify, under penalty of perjury under the laws of the State of California that the foregoing notice was posted pursuant to Government Code Section 54950 Et. Seq. and City of Downey Ordinance at the following locations: Downey City Hall, Downey City Library, and Barbara J. Riley Senior Center. Dated this 15th day of November, 2024 Ria Ioannidis Ria Ioannidis Planning Commission Secretary NOTICE: SECTION 9806 – APPEALS Any person aggrieved or affected by any final determinations of the Commission concerning an application for action of an administrative nature, including a variance or a permit, or any condition or requirement thereon, or upon the failure of the Commission to make its findings and determinations within thirty (30) days after the closure of the hearing thereon, no later than fifteen (15) calendar days, (Exception: subdivisions. no later than ten (10) calendar days) after the date of the decision or of the Commission’s failure to make a determination, may file with the City Planner a written notice of appeal there from to the Council. Such appeal shall set forth specifically wherein it is claimed the Commission’s findings were in error, and wherein the decision of the Commission is not supported by the evidence in the matter, and wherein the public necessity, convenience, and welfare require the Commission’s decision to be reversed or modified STAFF REPORT PLANNING DIVISION DATE: NOVEMBER 20, 2024 TO: PLANNING COMMISSION SUBMITTED BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: ALFONSO HERNANDEZ, PRINCIPAL PLANNER PREPARED BY: LAUREL REIMER, AICP, PLANNING CONSULTANT ABRAHAM LUNA, SENIOR PLANNER SUBJECT: PLN-24-00060 (SPECIFIC PLAN AMENDMENT AND ZONING TEXT AMENDMENT) – A REQUEST TO AMEND THE RANCHO LOS AMIGOS SOUTH CAMPUS SPECIFIC PLAN TO ALLOW THE CONTINUATION OF INDUSTRIAL USES WITHIN EXISTING BUILDINGS LOCATED IN THE FLEX TECH/BIO-MEDICAL (FTBM) SUB-DISTRICT AND TO ADD A DEFINITION FOR “EXISTING FTBM BUILDING” WITHIN DOWNEY MUNICIPAL CODE SECTION 9130 LOCATION: FLEX TECH/BIO-MEDICAL SUB-DISTRICT (7500 AMIGOS AVENUE, 7711 AMIGOS AVENUE, 12620 ERICKSON AVENUE, 12750 ERICKSON AVENUE, 7300 FLORES STREET, 7373 FLORES STREET, 7475-7485 FLORES STREET, 12707 RIVES AVENUE, 7400 IMPERIAL HIGHWAY, 7500 IMPERIAL HIGHWAY, 7700 IMPERIAL HIGHWAY, 11012 GARFIELD, 7755 GOLONDRINAS STREET, 7717 GOLONDRINAS STREET) ZONING: RANCHO LOS AMIGOS SOUTH CAMPUS SPECIFIC PLAN REPORT SUMMARY The Specific Plan Amendment (SPA) and Zoning Text Amendment (ZTA) would allow for the continuation of industrial uses exclusively within existing buildings located in the Flex Tech/Bio- Medical (FTBM) sub-district of the Rancho Los Amigos South Campus Specific Plan (RLASCSP), and would add a definition for “Existing FTBM Building” within Downey Municipal Code Section 9130. Currently, the specific plan area identifies industrial uses as not permitted, and renders all existing industrial uses as legally non-conforming. The legally non-conforming designation conflicts with existing long term ground leases for industrial tenants in the Flex Tech/Bio-Medical (FTBM) sub-district, which prompts this request. Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolution: 1. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPT A ZONING TEXT AMENDMENT (PLN-24-00060), PC AGENDA PAGE 1 Specific Plan Amendment and Zoning Text Amendment - PLN-24-00060 November 20, 2024 - Page 2 THEREBY AMENDING SECTION 9130 OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE 2. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPT A SPECIFIC PLAN AMENDMENT (PLN-24-00060), THEREBY AMENDING TABLE 5-1 OF THE RANCHO LOS AMIGOS SOUTH CAMPUS SPECIFIC PLAN WITHIN EXISTING BUILDINGS LOCATED IN THE FLEX TECH/BIO-MEDICAL SUB-DISTRICT OF THE RANCHO LOS AMIGOS SOUTH CAMPUS SPECIFIC PLAN BACKGROUND Adopted on October 12, 2021, the Rancho Los Amigos South Campus Specific Plan (RLASCSP) was prepared to promote future development of the southern portion of the Rancho Los Amigos Campus, which has sat mostly vacant since the consolidation of the Rancho Los Amigos National Rehabilitation Center in the 1980s. The RLASCSP is unique in that it was a City initiated Specific Plan located completely on land that is owned by the County of Los Angeles. The RLASCSP envisions a composition of uses that complement the medical facilities in the North Campus, while allowing for the expansion of Los Angeles County regional facilities. The RLASCSP also lays out how to best develop transit-supportive uses around the proposed Metro West Santa Ana Branch Gardendale Transit Station, to be located along the southern border of the planning area. Figure A depicts the RLASCSP boundaries: Figure A - Rancho Los Amigos South Campus Specific Plan Boundaries The Rancho Los Amigos South Campus Specific Plan area encompasses approximately 172 acres and is divided into four sub-districts: Flex Tech Bio-Medical, Regional Public Facilities, PC AGENDA PAGE 2 Specific Plan Amendment and Zoning Text Amendment - PLN-24-00060 November 20, 2024 - Page 3 Transit-Oriented Development, and Community-Service Uses. Figure B depicts the boundaries for each sub-district within the specific plan area: Figure B - Specific Plan Sub Districts The Rancho Los Amigos South Campus Specific Plan Flex Tech/Bio-Medical sub-district is generally located south of Imperial Highway, west of Rives Avenue, north of Flores Street and east of Vulcan Street. The intent of the Flex Tech/Bio-Medical Sub-District is to promote job- creating uses in fields related to surrounding industries. The sub-district is intended to complement the Rancho Los Amigos Rehabilitation Center to the north with office/medical office uses that can provide supportive services to one of the largest medical facilities in the region. The sub-district encourages grouping a range of light industrial, office, and research uses together to create an innovation hub within Downey. The Flex Tech/Bio-Medical sub district subject site is surrounded by the uses summarized below: Table 1 – Surrounding Uses Direction Use Zone West Manufacturing and Industrial City of South Gate Single and Multi-Family Residential City of South Gate North Rancho Los Amigos National Rehabilitation Center R-1-5,000 East Single Family Residential R-1-5,000 South Vacant Land RLASCSP – Regional Public Facilities Sub District Vacant Land RLASCSP – Transit Oriented Development Sub District PC AGENDA PAGE 3 Specific Plan Amendment and Zoning Text Amendment - PLN-24-00060 November 20, 2024 - Page 4 Prior to the adoption of the Rancho Los Amigos South Campus Specific Plan, land uses within the project area were governed by the Rancho Los Amigos Specific Plan (SP-85-1) and the Rancho Los Amigos Business Center Specific Plan (SP-88-1), which envisioned light industrial and business park uses for the project area. While the land within the specific plan areas would remain under Los Angeles County ownership, the specific plans assumed land would be leased to private developers. In 1990, Los Angeles County entered into a 99-year ground lease with FDC Partners Rancho, LP, who constructed four business park buildings located at 12620 Erickson Avenue, 7711 Amigos Avenue, 7700 Imperial Highway, and 12707 Rives Avenue, and the warehouse buildings located at 7500 Amigos Avenue, 7373 Flores Street, and 7475-7485 Flores Street. FDC Partners Rancho, LP later constructed a fourth warehouse building at 7300 Flores Street in 1999. Since their construction, the buildings owned by FDC Partners Rancho, LP have been operating with various warehouse, distribution, office, and light industrial uses. On May 8, 2024, the applicant, FDC Partners Rancho, LP, filed a Specific Plan Amendment application. Subsequently, the applicant was issued an incomplete letter and worked with staff to finalize the specific plan language. After submitting all required documents on November 6, 2024, the application was deemed complete. On November 7, 2024, notice of the pending public hearing, before the Planning Commission, was published in the Downey Patriot and mailed to all tenants and property owners within 500 feet of the subject property. DISCUSSION The applicant, FDC Partners Rancho, LP, has made significant investments in the Flex Tech/Bio- Medical sub-district of the Rancho Los Amigos South Campus Specific Plan since entering into a long-term lease with Los Angeles County in 1990, which expires on March 27, 2089. The applicant’s business park and warehouse buildings support a diverse mix of uses, some of which are not permitted in the Rancho Los Amigos South Campus Specific Plan. The adoption of the Specific Plan in 2021 rendered much of the industrial business park and warehouse uses as non- conforming. As with all con-conforming uses, they were subject to the provisions of DMC Section 9410, Non-conforming Uses, Buildings, and Structure. Per DMC 9410, Nonconforming uses are not permitted to expand the use, increase the size of the tenant space, or relocate to another tenant space. As with all nonconforming uses, they are permitted to continue operations, provided they are not discontinued for 180 days or more. REQUEST With several decades left on their lease with Los Angeles County, FDC Partners Rancho, LP requests a Specific Plan Amendment and Zoning Text Amendment to ensure continued operations of existing businesses and to enable existing buildings to be leased out to similar uses in the future. Los Angeles County, as landowner, has authorized the applicant to pursue the following requests (Exhibit D): Specific Plan Amendment: A second paragraph would be added to 5.4.2 Flex Tech/Bio-Medical (FTBM) Sub-District on page 5-5 stating: It is recognized that much of the property within the FTBM Sub-District is subject to long- term ground leases with the County of Los Angles as lessor. Such property has been developed with, among other things, four large industrial buildings and a four building business park. These lawful uses and structures that were established before the adoption of this Specific Plan and within the FTBM Sub-District shall be allowed to continue and operate through the end of the ground lease, which terminates on March 27, 2089. Such uses and structures may be maintained and repaired through regular maintenance PC AGENDA PAGE 4 Specific Plan Amendment and Zoning Text Amendment - PLN-24-00060 November 20, 2024 - Page 5 activities, including all necessary exterior, underground utility, and interior maintenance, repairs, and replacements. Any future remodels and/or tenant improvements shall be reviewed in accordance with the City's routine plan check submittal process. In the event of partial or complete destruction of any pre-existing structures, such structures may be repaired and restored to their previous configuration. Table 5-1 Allowable Land Uses would be amended to add notes, as identified in red below, on page 5-14 stating: Add “Permitted within Existing FTBM Buildings” to the notes column for Parcel delivery terminals, Warehouse (Commercial), and Wholesale brokers, jobbers, dealers, distributors. Table 5-1 Allowable Land Uses Allowed land uses. The land uses and activities permitted by this Specific Plan, and the land use permit required to establish each use. Prohibited land uses. Any table cell indicated an “N“ symbol indicates that the listed land use is prohibited in that specific subdistrict. Any use not listed is thereby prohibited. Applicable sections. Where the “Notes” column in the table includes a Section number ("See standards in Section"), the regulations in the referenced section apply to the use; however, provisions in other Sections of this Specific Plan or applicable section of the RLASCSP may also apply. “P” = Permitted Use “A” = Ancillary Use (Permitted) “C” = Conditionally Permitted “N” = Not Permitted Land Use or Activity Sub-Districts FTBM RPF TOD CS WHOLESALE, STORAGE AND DISTRIBUTION USES Parcel delivery terminals N N N N Permitted within an “Existing FTBM Building” as defined in the Downey Municipal Code Refrigeration plant N N N N Self-storage, min-storage, mini-warehouse, and recreational vehicle storage N N N N Storage yards (Commercial) N N N N Warehouse (Commercial) N N N N Permitted within an “Existing FTBM Building” as defined in the Downey Municipal Code Wholesale brokers, jobbers, dealers, distributors N N N N Permitted within an “Existing FTBM Building” as defined in the Downey Municipal Code Zoning Text Amendment: The RLASCSP does not include definitions and instead refers to Downey Municipal Code Article IX – Land Use, Chapter 1 – General Provisions and Definitions for clarification and definitions of land uses and activities. Therefore, staff concluded a Zoning Text Amendment would be required to add a definition for “Existing FTBM Building” to Downey Municipal Code Section 9130, which would be defined as: PC AGENDA PAGE 5 Specific Plan Amendment and Zoning Text Amendment - PLN-24-00060 November 20, 2024 - Page 6 Existing FTBM Building: An existing building in the Rancho Los Amigos South Campus Specific Plan (RLASCSP) within the Flex Tech/Bio Medical (FTBM) sub district that was established prior to the adoption of the RLASCSP and has operated with either a Parcel delivery terminal, Warehouse, Logistics facility, Distribution center, Dispatch facility, Drayage facility, or Wholesale brokers, jobbers, dealers, distributors, or any other use established prior to the adoption of the RLASCSP. The changes summarized above would permit such industrial uses solely in the buildings located in the Flex Tech/Bio-Medical sub-district where such industrial uses currently operate or have operated in the past. The applicant owns and operates the business park buildings located at 12620 Erickson Avenue, 7711 Amigos Avenue, 7700 Imperial Highway, and 12707 Rives Avenue, and the warehouse buildings located at 7500 Amigos Avenue, 7373 Flores Street, 7475-7485 Flores Street, and 7300 Flores Street. The remainder of the buildings in the FTBM are owned and operated by Los Angeles County and have not operated with industrial uses prior to the adoption of the RLASCSP. Therefore, the buildings owned and operated by Los Angeles County are not eligible for parcel delivery terminal, warehouse, or wholesale brokers, jobbers, dealers, distributors uses. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed Specific Plan Amendment for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff has determined that this request is categorically exempt under State CEQA Guidelines Section 15301, Existing Facilities, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities, involving negligible or no expansion of existing or former use. The Project is also exempt under CEQA Guidelines Section 15061(b)(3), the “common sense” exemption, where it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment. The Project consists of an amendment to the Rancho Los Amigos South Campus Specific Plan to add existing uses to the permitted land uses table. The Project does not involve construction of any kind. The existing uses were previously analyzed in the Environmental Impact Reports for Specific Plan (SP) 88-1 (Rancho Business Center), Specific Plan (SP) 85-1 (Rancho Los Amigos), Downey Vision 2025 Comprehensive General Plan Update, and the Rancho Los Amigos South Campus Specific Plan. Therefore, the Project is also exempt pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, as the Project consists entirely of land that has already been subject to an Environmental Impact Report, and no extenuating circumstances exist that require subsequent environmental review. PUBLIC NOTICE Tribal Notices: On June 24, 2024, staff requested a Senate Bill 18 contact list from the Native American Heritage Commission and received the contact list on July 2, 2024. Tribal notification letters were sent on July 10, 2024, and the required 90-day consultation period ended on October 8, 2024. No requests for consultation were received. Public Notices: On November 7, 2024, notice of the pending public hearing was published in the Downey Patriot and mailed to all tenants and property owners within 500 feet of the project area. Public Comments: As of the date that this report was printed, staff has not received any correspondence regarding this application. CONCLUSION PC AGENDA PAGE 6 Specific Plan Amendment and Zoning Text Amendment - PLN-24-00060 November 20, 2024 - Page 7 Based on the analysis contained within this report, staff is concluding that all findings required for approval can be made in a positive manner. As such, staff is recommending that the Planning Commission adopt Resolution No. 24-4040 and No. 24-4041, recommending approval by the City Council of a Zoning Text Amendment to Section 9130 of Article IX of the Downey Municipal Code to add a definition of “Existing FTBM Building” and Specific Plan Amendment to amend Table 5- 1 of the Rancho Los Amigos South Campus Specific Plan with respect to the existing building located in the Flex Tech/Bio-Medical Sub-District and (PLN-24-00060). Exhibits A. Draft Resolution No. 24-4040 B. Draft Resolution No. 24-4041 C. Applicant Request Letter D. Los Angeles County Authorization E. Rancho Business Center Identification Map PC AGENDA PAGE 7 RESOLUTION NO. 24-4040 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING APPROVAL BY THE CITY COUNCIL OF THE CITY OF DOWNEY OF A SPECIFIC PLAN AMENDMENT (PLN-24-00060) TO AMEND TABLE 5-1 OF THE RANCHO LOS AMIGOS SOUTH CAMPUS SPECIFIC PLAN WITH RESPECT TO EXISTING BUILDINGS LOCATED IN THE FLEX TECH/BIO-MEDICAL SUB-DISTRICT THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine, and declare as follows: A.On May 8, 2024, Eric Knirk with Fremont Associates, representing FDC Partners Rancho, LP (hereinafter “applicant”), submitted a request for a Specific Plan Amendment to allow existing industrial and warehouse uses to be permitted by right in the Rancho Los Amigos South Campus Specific Plan Flex Tech/Bio- Medical sub-district (“Project”). B.On June 12, 2024, the applicant was issued a letter deeming the application incomplete. C.On July 10, 2024, Tribal notification letters were sent to the Senate Bill 18 contact list from the Native American Heritage Commission, and the required 90-day consultation period ended on October 8, 2024. No requests for consultation were received. D.On November 6, 2024, the application was deemed complete after all required documents were submitted and reviewed. E.On November 7, 2024, a notice of the public hearing was sent to all tenants and property owners within 500’ of the subject site and the notice was published in the Downey Patriot. F.The Planning Commission held a duly noticed public hearing on November 20, 2024, to consider the proposed Specific Plan Amendment, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this Resolution. SECTION 2. The Planning Commission has determined that the proposed Project was reviewed for compliance with the California Environmental Quality Act (CEQA), and is categorically exempt under State CEQA Guidelines Section 15301, Existing Facilities, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities, involving negligible or no expansion of existing or former use. The Project is also exempt under Section 15061(b)(3), the “common sense” exemption, where it can be seen with certainty that there is no possibility that the Project will have a significant effect on the environment. The Project consists of an amendment to the Rancho Los Amigos South Campus Specific Plan to add existing uses to the permitted land uses table. The Project does not involve construction of any kind. The existing uses were previously analyzed in the Environmental Impact Exhibit - A PC AGENDA PAGE 8 Resolution No. 24-4040 Downey Planning Commission Reports for Specific Plan (SP) 88-1 (Rancho Business Center), Specific Plan (SP) 85-1 (Rancho Los Amigos), Downey Vision 2025 Comprehensive General Plan Update, and the Rancho Los Amigos South Campus Specific Plan. Therefore, the Project is also exempt pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, as the Project consists entirely of land that has already been subject to an Environmental Impact Report, and no extenuating circumstances exist that require subsequent environmental review. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing regarding the Specific Plan Amendment, and in accordance with Downey Municipal Code Section 9836.10, the Planning Commission further finds, determines and declares that: A. The proposed location of the development and proposed location of the development and proposed conditions under which it will be operated or maintained are consistent with the goals and policies embodied in the General Plan and other applicable plans and policies adopted by the Council. The project conforms with all applicable objectives, policies, and programs specified in the City’s General Plan. Specifically, the project allows for existing industrial uses to remain within structures that were designed and constructed within the last 34 years to support industrial related uses. The Specific Plan Amendment complies with the following goals, policies and prog rams: Goal 1.1 – Provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses. Policy 1.1.1 – Maintain a balance of land uses. Program 1.1.1.4 – Discourage non-industrial uses into areas designated for industrial uses. Policy 1.1.3 – Provide an appropriate amount of land area for business and employment. Program 1.1.3.1 – Encourage land uses that generate jobs. Goal 9.1 – Attract and retain businesses. Policy 9.1.1 – Develop programs to attract and retain businesses. Program 9.1.1.2. – Provide incentives for business retention and expansion. Goal 9.2 – Promote Downey as an employment center. Policy 9.2.1 – Promote job-generating land uses Program 9.2.1.3 – Promote employment that increases the daytime population of the city creating customer demand for other businesses Policy 9.2.2. – Promote employment that increases in various economic sectors to shield against business cycles. Program 9.2.2.1. – Promote a diversified employment base with jobs in sectors in addition to retail sales. The Specific Plan Amendment allows for existing Downey businesses in the Flex Tech/Bio-Medical Sub-District to remain as legal uses, rather than nonconforming uses, through the duration of the ground lease. These existing uses are compatible with the existing buildings, provide employment opportunities in Downey, and are currently in market demand. The Specific Plan Amendment retains existing businesses without impacting the ability to redevelop sites within the Flex Tech/Bio- Medical Sub District should market conditions warrant redevelopment. Exhibit - A PC AGENDA PAGE 9 Resolution No. 24-4040 Downey Planning Commission B. The proposed development is in accordance with the purposes and objectives of Article IX of the Downey Municipal Code (Land Use) and the zone in which the site is located. The Specific Plan Amendment complies with the Downey General Plan goals and policies, as listed above. The Specific Plan Amendment enables existing businesses and buildings to remain without impacting future uses contemplated for the Flex Tech/Bio-Medical Sub District. The uses allowed under this amendment will be uses previous conducted at the existing buildings located in the Flex Tech/Bio- Medical sub-district. The warehouse buildings and business park are supported by the existing utility infrastructure, not resulting in the need to upgrade such infrastructure due to an intensity of land uses. C. The development will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to such a development, nor detrimental to properties or improvements in the vicinity or the general welfare of the City. The Specific Plan Amendment allows for existing uses to remain operating within existing buildings. These existing uses will continue to conform with the performance and operating standards of the Downey Municipal Code and the Rancho Los Amigos South Campus Specific Plan. D. The Specific Plan and resulting development will be consistent with the provisions of Article 8 of Chapter 3 of the California Government Code, commencing with Section 65450 as may be subsequently amended by the State. Article 8 of Chapter 3 of the California Government Code sets forth specific requirements and standards for the content and adoption of Specific Plans, including that the Specific Plan is consistent with the City’s General Plan. The Specific Plan Amendment is consistent with the City’s General Plan, as no amendments are required to the Downey General Plan to incorporate the proposed Specific Plan Amendment. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends approval by the City Council of a Specific Plan Amendment to the Rancho Los Amigos South Campus Specific Plan, as outlined in the draft ordinance attached hereto as Attachment A. Exhibit - A PC AGENDA PAGE 10 Resolution No. 24-4040 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of November 2024. Carrie Uva, Chair, City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof, held on the 20th day of November 2024, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: APPROVED AS TO FORM: _______________________ John M. Funk City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Ria Ioannidis, Recording Secretary, do hereby attest to and certify that the foregoing Resolution is the original resolution adopted by the Planning Commission of the City of Downey at a regular meeting held on November 20, 2024. Ria Ioannidis Recording Secretary Exhibit - A PC AGENDA PAGE 11 Resolution No. 24-4040 Downey Planning Commission ATTACHMENT A ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A SPECIFIC PLAN AMENDMENT (PLN-24-00060) TO AMEND TABLE 5-1 OF THE RANCHO LOS AMIGOS SOUTH CAMPUS SPECIFIC PLAN WITH RESPECT TO EXISTING BUILDINGS LOCATED IN THE FLEX TECH/BIO-MEDICAL SUB-DISTRICT WHEREAS, the City of Downey is a Municipal Corporation and Charter City, duly organized under the constitution and laws of the State of California; and WHEREAS, On May 8, 2024, Eric Knirk with Fremont Associates, representing FDC Partners Rancho, LP (hereinafter “applicant”), submitted a request for a Specific Plan Amendment to allow existing industrial and warehouse uses to be permitted by right in the Rancho Los Amigos South Campus Specific Plan Flex Tech/Bio-Medical sub-district (“Project”); and WHEREAS, On June 12, 2024, the applicant was issued a letter deeming the application incomplete; and WHEREAS, On July 10, 2024, Tribal notification letters were sent to the Senate Bill 18 contact list from the Native American Heritage Commission, and the required 90-day consultation period ended on October 8, 2024. No requests for consultation were received; and WHEREAS, On November 6, 2024, the application was deemed complete after all required documents were submitted and reviewed; and WHEREAS, On November 7, 2024, a notice of the public hearing was sent to all tenants and property owners within 500’ of the subject site and the notice was published in the Downey Patriot; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 20, 2024, to consider the proposed Specific Plan Amendment, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted this Resolution; and WHEREAS, on ______________, 2024, a notice of public hearing by the City Council was published in Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and WHEREAS, the City Council held a duly noticed public hearing on ______________, 2024, to consider this Ordinance approving the proposed Specific Plan Amendment, where all interested persons were given an opportunity to be heard. Exhibit - A PC AGENDA PAGE 12 Resolution No. 24-4040 Downey Planning Commission NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. SECTION 2. The City Council finds and determines that the Project was reviewed for compliance with the California Environmental Quality Act (CEQA), and is categorically exempt under State CEQA Guidelines Section 15301, Existing Facilities, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities, involving negligible or no expansion of existing or former use. The Project is also exempt under CEQA Guidelines Section 15061(b)(3), the “common sense” exemption, where it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment. The Project consists of an amendment to the Rancho Los Amigos South Campus Specific Plan to add existing uses to the permitted land uses table. The Project does not involve construction of any kind. The existing uses were previously analyzed in the Environmental Impact Reports for Specific Plan (SP) 88-1 (Rancho Business Center), Specific Plan (SP) 85-1 (Rancho Los Amigos), Downey Vision 2025 Comprehensive General Plan Update, and the Rancho Los Amigos South Campus Specific Plan. Therefore, the Project is also exempt pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, as the Project consists entirely of land that has already been subject to an Environmental Impact Report, and no extenuating circumstances exist that require subsequent environmental review. SECTION 3. The City Council further finds and determines that: A.The proposed location of the development and proposed conditions under which it will be operated or maintained is consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the Council. The project is in conformance with all applicable objectives, policies, and programs specific in the City’s General Plan. Specifically, the project allows for existing uses to remain within existing buildings that were designed and constructed to support the existing uses. The Specific Plan Amendment complies with the following goals, policies and programs: Goal 1.1 – Provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses. Policy 1.1.1 – Maintain a balance of land uses. Program 1.1.1.4 – Discourage non-industrial uses into areas designated for industrial uses. Policy 1.1.3 – Provide an appropriate amount of land area for business and employment. Program 1.1.3.1 – Encourage land uses that generate jobs. Goal 9.1 – Attract and retain businesses. Policy 9.1.1 – Develop programs to attract and retain businesses. Program 9.1.1.2. – Provide incentives for business retention and expansion. Goal 9.2 – Promote Downey as an employment center. Policy 9.2.1 – Promote job-generating land uses Program 9.2.1.3 – Promote employment that increases the daytime population of Exhibit - A PC AGENDA PAGE 13 Resolution No. 24-4040 Downey Planning Commission the city creating customer demand for other businesses Policy 9.2.2. – Promote employment that increases in various economic sectors to shield against business cycles. Program 9.2.2.1. – Promote a diversified employment base with jobs in sectors in addition to retail sales. The Specific Plan Amendment allows for existing Downey businesses in the Flex Tech/Bio-Medical Sub-District to remain as legal uses, rather than nonconforming uses, through the duration of the ground lease. These existing uses are compatible with the existing buildings, provide employment opportunities in Downey, and are currently in market demand. The Specific Plan Amendment retains existing businesses without impacting the ability to redevelop sites within the Flex Tech/Bio- Medical Sub District should market conditions warrant redevelopment. B. The proposed development is in accordance with the purposes and objectives of Article IX of the Downey Municipal Code (Land Use) and the zone in which the site is located. The Specific Plan Amendment complies with the Downey General Plan goals and policies, as listed above. The Specific Plan Amendment enables existing businesses and buildings to remain without impacting future uses contemplated for the Flex Tech/Bio-Medical Sub District. The uses allowed under this amendment will be uses previous conducted at the existing buildings located in the Flex Tech/Bio- Medical sub-district. The warehouse buildings and business park are supported by the existing utility infrastructure, not resulting in the need to upgrade such infrastructure due to an intensity of land uses. C. The development will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to such a development, nor detrimental to properties or improvements in the vicinity or the general welfare of the City. The Specific Plan Amendment allows for existing uses to remain operating within existing buildings. These existing uses will continue to conform with the performance and operating standards of the Downey Municipal Code and the Rancho Los Amigos South Campus Specific Plan. D. The Specific Plan and resulting development will be consistent with the provisions of Article 8 of Chapter 3 of the California Government Code, commencing with Section 65450 as may be subsequently amended by the State. Article 8 of Chapter 3 of the California Government Code sets forth specific requirements and standards for the content and adoption of Specific Plans, including that the Specific Plan is consistent with the City’s General Plan. The Specific Plan Amendment is consistent with the City’s General Plan, as no amendments are required to the Downey General Plan to incorporate the proposed Specific Plan Amendment. SECTION 4. Section 5.4.2 of the Rancho Los Amigos South Campus Specific Plan, Flex Tech/Bio Medical (FTBM) Sub-District, is hereby amended to include the text below appearing in italic font: The intent of the Flex Tech/Bio-Medical Sub-District is to promote job-creating uses in fields related to surrounding industries. The sub-district seeks to complement the Rancho Los Amigos Rehabilitation Center to the north, with office/medical office uses that can provide supportive services to one of the largest medical facilities in the region. The Flex Tech/Bio-Medical Sub-District would integrate existing uses and plan for the long-term potential redevelopment of the large industrial facilities currently in use. This Sub-District Exhibit - A PC AGENDA PAGE 14 Resolution No. 24-4040 Downey Planning Commission encourages grouping a range of light industrial, office, and research uses together to create an innovation hub within Downey. It is recognized that much of the property within the FTBM Sub-District is subject to long- term ground leases with the County of Los Angeles as lessor. Such property has been developed with, among, other things, four large industrial buildings and a four building business park. These lawful uses and structures that were established before the adoption of this Specific plan and within the FTBM Sub-District shall be allowed to continue and operate through the end of the ground lease, which terminates on March 27, 2089. Such uses and structures may be maintained and repaired through regular maintenance activities, including all necessary exterior, underground utility, and interior maintenance, repairs, and replacements. Any future remodels and/or tenant improvements shall be reviewed in accordance with the City’s routine plan check submittal process. In the event of partial or complete destruction of any pre-existing structures, such structures may be repaired and restored to their previous configuration. SECTION 5. Portions of Table 5-1 of the Rancho Los Amigos South Campus Specific Plan (Allowable Uses) is hereby amended to include the text below appearing in italic font: Table 5-1 Allowable Land Uses Allowed land uses. The land uses and activities permitted by this Specific Plan, and the land use permit required to establish each use. Prohibited land uses. Any table cell indicated an “N“ symbol indicates that the listed land use is prohibited in that specific subdistrict. Any use not listed is thereby prohibited. Applicable sections. Where the “Notes” column in the table includes a Section number ("See standards in Section"), the regulations in the referenced section apply to the use; however, provisions in other Sections of this Specific Plan or applicable section of the RLASCSP may also apply. “P” = Permitted Use “A” = Ancillary Use (Permitted) “C” = Conditionally Permitted “N” = Not Permitted Land Use or Activity Sub-Districts FTBM RPF TOD CS WHOLESALE, STORAGE AND DISTRIBUTION USES Parcel delivery terminals N N N N Permitted within an “Existing FTBM Building” as defined in the Downey Municipal Code Refrigeration plant N N N N Self-storage, min-storage, mini-warehouse, and recreational vehicle storage N N N N Storage yards (Commercial) N N N N Warehouse (Commercial) N N N N Permitted within an “Existing FTBM Building” as defined in the Downey Municipal Code Exhibit - A PC AGENDA PAGE 15 Resolution No. 24-4040 Downey Planning Commission Wholesale brokers, jobbers, dealers, distributors N N N N Permitted within an “Existing FTBM Building” as defined in the Downey Municipal Code SECTION 6. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase of portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 7. The City Council hereby directs staff to prepare, execute, and file with the Los Angeles County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance. Exhibit - A PC AGENDA PAGE 16 Resolution No. 24-4040 Downey Planning Commission SECTION 8. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this ___ day of January, 2025 __________________ MARIO TRUJILLO, Mayor ATTEST: _____________________ MARIA ALICIA DUARTE, CMC City Clerk APPROVED AS TO FORM: JOHN M. FUNK City Attorney I HEREBY CERTIFY that the foregoing Ordinance No. _________ was presented at a public hearing at a regular meeting of the City Council held on the ___ day of _______________, 2025, and adopted at a regular meeting of the City Council of the City of Downey held on the ___ day of _______________, 2025, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. _________, was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, the ___ day of _______________, 2025 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. _____________________ MARIA ALICIA DUARTE, CMC City Clerk Exhibit - A PC AGENDA PAGE 17 RESOLUTION NO. 24 - 4041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING APP ROVAL BY THE CITY COUNCIL OF THE CITY OF DOWNEY OF A ZONING TEXT AMENDMENT (PLN-24-00060) TO SECTION 9130 OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE TO ADD A DEFINITION OF “EXISTING FTBM BUILDING” THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare as follows: A.On May 8, 2024, Eric Knirk with Fremont Associates, representing FDC Partners Rancho, LP (hereinafter “applicant”), submitted a request for a Zoning Text Amendment to define an “Existing Flex Tech/Bio Medical Building” within the Flex Tech/Bio Medical (FTBM) sub-district which would be defined as a building that was established prior to the adoption of the RLASCSP and has operated with either a Parcel delivery terminal, Warehouse, Logistics facility, Distribution center, Dispatch facility, Drayage facility, or Wholesale brokers, jobbers, dealers, distributors, or any other use established prior to the adoption of the (“Project”). B.On June 12, 2024, the applicant was issued a letter deeming the application incomplete. C.On July 10, 2024, Tribal notification letters were sent to the Senate Bill 18 contact list from the Native American Heritage Commission, and the required 90-day consultation period ended on October 8, 2024. No requests for consultation were received. D.On November 6, 2024, the application was deemed complete after all required documents were submitted and reviewed. E.On November 7, 2024, a notice of the public hearing was sent to all tenants and property owners within 500’ of the subject site and the notice was published in the Downey Patriot. F.The Planning Commission held a duly noticed public hearing on November 20, 2024, to consider this proposed Zoning Text Amendment, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted this Resolution. SECTION 2. The Planning Commission has determined that the proposed Project was reviewed for compliance with the California Environmental Quality Act (CEQA) and is categorically exempt under State CEQA Guidelines Section 15301, Existing Facilities, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities, involving negligible or no expansion of existing or former use. The Project is also exempt under CEQA Guidelines Section 15061(b)(3), the “common sense” exemption, where it can be seen with certainty that there is no possibility that the Project will have a significant effect on the environment. The Project consists of a text amendment to the Rancho Los Amigos South Campus Exhibit - B PC AGENDA PAGE 18 Resolution No. 24-4041 Downey Planning Commission Specific Plan to add existing uses to the permitted land uses table. The Project does not involve construction of any kind. The existing uses were previously analyzed in the Environmental Impact Reports for Specific Plan (SP) 88-1 (Rancho Business Center), Specific Plan (SP) 85-1 (Rancho Los Amigos), Downey Vision 2025 Comprehensive General Plan Update, and the Rancho Los Amigos South Campus Specific Plan. Therefore, the Project is also exempt pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, as the Project consists entirely of land that has already been subject to an Environmental Impact Report, and no extenuating circumstances exist that require subsequent environmental review. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing regarding the Zoning Text Amendment, and in accordance with Downey Municipal Code Section 9832.06, the Planning Commission further finds, determines, and declares that: A. The requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. The proposed Zoning Text Amendment simply adds a definition for “Existing FTBM Building” to Downey Municipal Code Section 9130. The definition will describe certain buildings in the Rancho Los Amigos South Campus Specific Plan Flex Tech/Bio- Medical sub-district that were established before the adoption of such specific plan in 2021. B. The proposed amendment is in general conformance with the General Plan. The proposed Zoning Text Amendment is required to add a definition to the Downey Municipal Code in order to allow existing uses to continue to utilize existing buildings within the Flex Tech/Bio-Medical Sub-District of the Rancho Los Amigos South Campus Specific Plan. The amendment to the Zoning Code is consistent with the following goals and policies of the General Plan: Goal 1.1 – Provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses. Policy 1.1.1 – Maintain a balance of land uses. Program 1.1.1.4 – Discourage non-industrial uses into areas designated for industrial uses. Policy 1.1.3 – Provide an appropriate amount of land area for business and employment. Program 1.1.3.1 – Encourage land uses that generate jobs. Goal 9.1 – Attract and retain businesses. Policy 9.1.1 – Develop programs to attract and retain businesses. Program 9.1.1.2. – Provide incentives for business retention and expansion. Goal 9.2 – Promote Downey as an employment center. Policy 9.2.1 – Promote job-generating land uses Program 9.2.1.3 – Promote employment that increases the daytime population of the city creating customer demand for other businesses\ Policy 9.2.2. – Promote employment that increases in various economic sectors to shield against business cycles. Program 9.2.2.1. – Promote a diversified employment base with jobs in sectors in addition to retail sales. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends approval by the City Council Exhibit - B PC AGENDA PAGE 19 Resolution No. 24-4041 Downey Planning Commission of a Zoning Text Amendment to Section 9130 of Article IX of the Downey Municipal Code, as outlined in the draft ordinance attached hereto as Attachment A. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of November 2024. Carrie Uva, Chair, City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof, held on the 20th day of November 2024, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: APPROVED AS TO FORM: _______________________ John M. Funk City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Ria Ioannidis, Recording Secretary, do hereby attest to and certify that the foregoing Resolution is the original resolution adopted by the Planning Commission of the City of Downey at a regular meeting held on November 20, 2024. Ria Ioannidis Recording Secretary Exhibit - B PC AGENDA PAGE 20 Resolution No. 24-4041 Downey Planning Commission ATTACHMENT A ORDINANCE NO. _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A ZONING TEXT AMENDMENT (PLN-24-00060) TO SECTION 9130 OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE TO ADD DEFINITION OF “EXISTING FTBM BUILDING” WHEREAS, the City of Downey is a Municipal Corporation and Charter City, duly organized under the constitution and laws of the State of California; and WHEREAS, On May 8, 2024, Eric Knirk with Fremont Associates, representing FDC Partners Rancho, LP (hereinafter “applicant”), submitted a request for a Zoning Text Amendment to define an “Existing Flex Tech/Bio Medical Building” within the Flex Tech/Bio Medical (FTBM) sub-district which would be defined as a building that was established prior to the adoption of the RLASCSP and has operated with either a Parcel delivery terminal, Warehouse, Logistics facility, Distribution center, Dispatch facility, Drayage facility, or Wholesale brokers, jobbers, dealers, distributors, or any other use established prior to the adoption of the (“Project”). WHEREAS, On June 12, 2024, the applicant was issued a letter deeming the application incomplete; and WHEREAS, On July 10, 2024, Tribal notification letters were sent to the Senate Bill 18 contact list from the Native American Heritage Commission and the required 90-day consultation period ended on October 8, 2024. No requests for consultation were received; and WHEREAS, On November 6, 2024, the application was deemed complete after all required documents were submitted and reviewed; and WHEREAS, On November 7, 2024, a notice of the public hearing was sent to all tenants and property owners within 500’ of the subject site and the notice was published in the Downey Patriot. WHEREAS, the Planning Commission held a duly noticed public hearing on November 20, 2024, where after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, voted to recommend approval by the City Council of a Zoning Text Amendment to Section 9130 of Article IX of the Downey Municipal Code to add the definition of “Existing FTBM Building”; and . WHEREAS, on ______________, 2025, a notice of public hearing by the City Council was sent to all tenant and property owners within 500’ of the subject site and the notice was published in Downey Patriot in accordance with the requirements of the Downey Municipal Code; and WHEREAS, the City Council held a duly noticed public hearing on ______________, 2025, to consider this Ordinance approving the proposed Zoning Text Amendment, where all interested persons were given an opportunity to be heard. Exhibit - B PC AGENDA PAGE 21 Resolution No. 24-4041 Downey Planning Commission NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. SECTION 2. The City Council finds and determines that the Project was reviewed for compliance with the California Environmental Quality Act (CEQA), and is categorically exempt under State CEQA Guidelines Section 15301, Existing Facilities, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities, involving negligible or no expansion of existing or former use. The Project is also exempt under CEQA Guidelines Section 15061(b)(3), the “common sense” exemption, where it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment. The Project consists of a text amendment to the Rancho Los Amigos South Campus Specific Plan to add existing uses to the permitted land uses table. The Project does not involve construction of any kind. The existing uses were previously analyzed in the Environmental Impact Reports for Specific Plan (SP) 88-1 (Rancho Business Center), Specific Plan (SP) 85-1 (Rancho Los Amigos), Downey Vision 2025 Comprehensive General Plan Update, and the Rancho Los Amigos South Campus Specific Plan. Therefore, the Project is also exempt pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, as the Project consists entirely of land that has already been subject to an Environmental Impact Report, and no extenuating circumstances exist that require subsequent environmental review. SECTION 3. The City Council further finds and determines that: A. The requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. The Flex Tech/Bio-Medical sub-district has supported a diverse mix of uses since 1990, when Los Angeles County leased the land for the business park and warehouse buildings to a private developer. Some of these existing uses are not permitted in the Rancho Los Amigos South Campus Specific Plan, therefore, the adoption of the Specific Plan in 2021 rendered much of the existing industrial business park and warehouse uses as non-conforming. The County’s lease with the private developer terminates on March 27, 2089. The amendment allows the private developer to continue to operate, improve, and invest in their buildings for the duration of the lease, therefore ensuring the appropriate maintenance of the area. The proposed Zoning Text Amendment adds a definition for “Existing FTBM Building” to Downey Municipal Code Section 9130. Adding the definition enables existing uses to remain and utilize existing buildings. B. The proposed amendment is in general conformance with the General Plan. The proposed Zoning Text Amendment is required to add a definition to the Downey Municipal Code in order to allow existing uses to continue to utilize existing buildings within the Flex Tech/Bio-Medical Sub-District of the Rancho Los Amigos South Campus Specific Plan. The amendment to the Zoning Code is consistent with the following goals and policies of the General Plan: Goal 1.1 – Provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses. Policy 1.1.1 – Maintain a balance of land uses. Program 1.1.1.4 – Discourage non-industrial uses into areas designated for Exhibit - B PC AGENDA PAGE 22 Resolution No. 24-4041 Downey Planning Commission industrial uses. Policy 1.1.3 – Provide an appropriate amount of land area for business and employment. Program 1.1.3.1 – Encourage land uses that generate jobs. Goal 9.1 – Attract and retain businesses. Policy 9.1.1 – Develop programs to attract and retain businesses. Program 9.1.1.2. – Provide incentives for business retention and expansion. Goal 9.2 – Promote Downey as an employment center. Policy 9.2.1 – Promote job-generating land uses Program 9.2.1.3 – Promote employment that increases the daytime population of the city creating customer demand for other businesses\ Policy 9.2.2. – Promote employment that increases in various economic sectors to shield against business cycles. Program 9.2.2.1. – Promote a diversified employment base with jobs in sectors in addition to retail sales. SECTION 4. Section 9130 of the Downey Municipal Code is hereby amended to add the following additional definition: “Existing FTBM Building: An existing building in the Rancho Los Amigos South Campus Specific Plan (RLASCSP) within the Flex Tech/Bio Medical (FTBM) sub district that was established prior to the adoption of the RLASCSP and has operated with either a Parcel delivery terminal, Warehouse, Logistics facility, Distribution center, Dispatch facility, Drayage facility, or Wholesale brokers, jobbers, dealers, distributors, or any other use established prior to the adoption of the RLASCSP.” SECTION 5. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase of portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 6. The City Council hereby directs staff to prepare, execute, and file with the Los Angeles County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance. Exhibit - B PC AGENDA PAGE 23 Resolution No. 24-4041 Downey Planning Commission SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this ___ day of January, 2025 __________________ MARIO TRUJILLO, Mayor ATTEST: _____________________ MARIA ALICIA DUARTE, CMC City Clerk APPROVED AS TO FORM: JOHN M. FUNK City Attorney I HEREBY CERTIFY that the foregoing Ordinance No. _________ was presented at a public hearing at a regular meeting of the City Council held on the ___ day of _______________, 2025, and adopted at a regular meeting of the City Council of the City of Downey held on the ___ day of _______________, 2025, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. _________, was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, the ___ day of _______________, 2025 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. _____________________ MARIA ALICIA DUARTE, CMC City Clerk Exhibit - B PC AGENDA PAGE 24 Exhibit - C PC AGENDA PAGE 25 Exhibit - C PC AGENDA PAGE 26 Exhibit - D PC AGENDA PAGE 27 Exhibit - D PC AGENDA PAGE 28 E x h i b i t - E P C A G E N D A P A G E 2 9 Ex h i b i t - E PC AG E N D A PAGE 30 Exhibit - E PC AGENDA PAGE 31 Exhibit - E PC AGENDA PAGE 32 E x h i b i t - E P C A G E N D A P A G E 3 3 E x h i b i t - E P C A G E N D A P A G E 3 4 E x h i b i t - E P C A G E N D A P A G E 3 5 E x h i b i t - E P C A G E N D A P A G E 3 6 E x h i b i t - E P C A G E N D A P A G E 3 7 E x h i b i t - E P C A G E N D A P A G E 3 8 E x h i b i t - E P C A G E N D A P A G E 3 9