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HomeMy WebLinkAboutPC Reso 11-2745RESOLUTION NO. 11-2745 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL AMEND THE DOWNEY LANDING -SPECIFIC PLAN FOR THE TIERRA LUNA MARKETPLACE THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey hereby finds, determines and declares that: A. On March 26, 2002, the City Council of the City of Downey adopted the "Downey Landing Specific Plan" (SP -01-1), which was designed to guide the redevelopment of the 154 -acre former NASA Industrial Plant by prescribing development plans, permitted and conditionally permitted uses, development standards, design guidelines, infrastructure and public service plans and implementation measures for the specific plan planning area. The planning area is in the southeast part of the community and is generally bounded by Stewart & Gray Road on the north, Bellflower Boulevard on the east, Imperial Highway on the south and Columbia Way (formerly Clark Avenue) and Lakewood Boulevard on the west. B. In April, 2008, Mr. Tom Messmer filed a petition on behalf of Industrial Realty Group, i.e., the Applicant, to amend the provisions of the Downey Landing Specific Plan that regulate the portion of the site that Downey Studios occupies, i.e., the central 77 acres of the 154 -acre Downey Landing site, located at 12214 Lakewood Boulevard. The 77 -acre central portion and subject of the requested specific plan amendment, also known as the Tierra Luna Specific Plan, is bounded by Bellflower Boulevard on the east, Congressman Steve Horn Way on the south, Columbia Way and Lakewood Boulevard on the west and the Downey Landing Retail Center on the north. C. The original Development Plan for the Downey Landing Specific Plan designated the westerly part of the 77 -acre central portion as "Media Center" and the easterly part as "Commerce Center." The "Media Center" designation was intended to accommodate a movie and television production studio complex, while the "Commerce Center" designation envisioned a business park. The requested amendment for the Tierra Luna Specific Plan is intended to replace the "Media Center" and "Commerce Center' designations with a comprehensively -planned, mixed-use project that consisted of 3.9 million square feet of commercial/office uses, commercial/retail uses, hotel rooms, and 1,500 residential units comprised of live/work, for -sale and for -rent products. D. The City of Downey, as Lead Agency for the proposed Tierra Luna Specific Plan project, caused a Draft Environmental Impact Report with State Clearinghouse Number 2008051022 (Draft EIR) to be prepared for the project, pursuant to the California Environmental Quality Act of 1970, as amended (CEQA), the State CEQA Guidelines (CEQA Guidelines), and the City of Downey's Revised Procedures for Implementing CEQA, adopted by City Council Resolution No. 5646. E. The Draft EIR evaluated the potential environmental effects that the Tierra Luna Specific Plan could have on the environment, and devised mitigation measures to minimize and eliminate the potentially significant impacts. F. Consistent with CEQA Guideline 15126.6, the Draft EIR also analyzed six (6) alternatives to the proposed project, with a goal of identifying a reasonable range of Resolution No. 11-2745 Downey Planning Commission alternatives that would achieve the same objectives as the project, but produce fewer impacts. G. In April, 2009, the City of Downey circulated the Draft EIR to state, county, and regional agencies, neighboring cities and interested parties for their review and comment. The public comment period extended for 45 days, which began on April 2, 2009 and closed on May 18, 2009. H. Shortly after the City of Downey circulated the Draft EIR, the applicant withdrew the Tierra Luna Specific Plan amendment due to a downturn in the economy. In June, 2011, Mr. Robert A. Manarino, an authorized agent for the applicant, submitted a revised amendment to the Downey Landing Specific Plan to the City. The revised amendment, better known as the Tierra Luna Marketplace, or 2011 Revised Project, encompasses the same 77 -acre site as the original amendment, but is smaller in size and does not include residential uses. The Tierra Luna Marketplace totals slightly more than 1.5 million square feet of mixed-use development that consists of a variety of retail formats, along with stand-alone restaurants, office buildings, a multiplex theater and a hotel. J. In conjunction with the revised Specific Plan Amendment, the applicant also filed applications for approval of (i) a Development Agreement, (ii) Tentative Parcel Map No. 71543 and (iii) Tentative Tract Map No. 71544. K. The Planning Commission gave required notice and held a public hearing on the revised amendment, Tierra Luna Marketplace, and its Final EIR on December 21, 2011. SECTION 2. The Planning Commission of the City of Downey hereby finds, determines and declares that: A. The revised Specific Plan Amendment, Tierra Luna Marketplace (2011 Revised Project), is necessary and desirable for the development of the community, in harmony with the objectives of the General Plan and is in the interests of furtherance of the public health, safety, and general welfare, since the affected site's current land use designations under the Downey Landing Specific Plan, Media Center and Commerce Center, do not represent the highest and best uses for the site. As a consequence, and because of changing economic and development conditions, coupled with the uniqueness of both the project site and neighboring properties, the Planning Commission supports the Tierra Luna Marketplace, which will implement the provisions of the affected site's "Mixed Use" General Plan category. B. The Specific Plan Amendment and its resulting development will be compatible with and complement neighboring properties' existing conditions, since the uses that comprise the prospective project are similar to the neighboring uses. For example, retail uses make up the bulk of the proposed project (1,100,000 square feet), while a 380,000 square foot retail center occupies the contiguous 34.5 -acre site to the north. Further, a 1,000,000 square foot hospital/medical office complex occupies Downey Landing Specific Plan Amendment December 21, 2011 - Page 2 Resolution No. 11-2745 Downey Planning Commission the neighboring 30 -acre site to the south, while the proposed amendment will entitle 300,000 square feet of professional office space. Additionally, development standards have been designed for the proposed amendment that will not only serve the project, but safeguard neighboring activities. Also insuring compatibility between project components and neighboring activities are the mitigation measures that have been developed for the 2011 Revised Project included in the Final EIR. C. The Project Site is adequate in size to accommodate the amendment's permitted and conditionally permitted uses and all applicable development standards can be complied with. At build -out the project will result in a .45 floor area ratio (FAR), which is below the 5.0 FAR authorized by the site's "Mixed Use" General Plan designation, thereby demonstrating that the 77 -acre project site will not be overbuilt. D. The site properly relates to streets and highways and is capable of carrying the type and quantity of traffic and utility demands that are expected to be generated in the area. The traffic impact analysis prepared for Alternative F, the Tierra Luna Marketplace, concluded that with mitigation, the roadway network that currently serves the site, and which will serve the project, will adequately accommodate project -generated traffic. Streets bordering the project site and providing access to it, include Columbia Way (formerly Clark Avenue) and Lakewood Boulevard, Bellflower Boulevard and Congressman Steve Horn Way. All of these streets are fully improved to date. Additionally, the specific plan amendment established requirements with respect to providing access points to the project that will be accomplished to the satisfaction of the City of Downey. The Final EIR also concluded that the existing utility network presently serving the site, as well as the improvements that will accompany project development will adequately serve the project. E. Changed conditions since the original approval of the specific plan warrant the proposed amendment. The highest and best land uses for the project site have changed since the City Council adopted the Downey Landing Specific Plan in 2002. Studies then indicated the project site could successfully support both a business park, e.g., commerce park and multi -media companies, such as Downey Studios. However, since then, film and television production activities at Downey Studios has diminished steadily due to: (i) the common practice by television and film production companies of using computer-generated imagery to assist in production, thus reducing the need for large studio space, and (ii) the practice by other states of offering tax credits to production companies as an inducement to film there. As a consequence, Downey Studios has lost $13 million dollars since starting operations in 2004. On the other hand, recent market studies concluded that the City of Downey, together with its neighboring communities can successfully support a mixed-use project, such as Tierra Luna Marketplace. Consequently, the site's two development/land use plans, as well as their accompanying development regulations need to be amended to accommodate the prospective project. F. The proposed amendment is in general conformance with the General Plan. The Specific Plan Amendment Amending will permit the development of the proposed multiple -use project, which is consistent with the site's "Mixed Use" General Plan category. This category, as the name implies, was designed to accommodate a Downey Landing Specific Plan Amendment December 21, 2011 -Page 3 Resolution No. 11-2745 Downey Planning Commission wide variety of commercial and office uses. The uses requested in the Specific Plan Amendment fall under those headings. Activities that comprise the proposed development plan include retail, office, entertainment and hotel. In addition, because of Downey Landing's unique characteristics, the rare situation of the availability of a large, developable site, approximately 154 acres, the City Council designated it "Mixed Use," as part of the 1992 General Plan Update. According to the General Plan's Land Use Chapter, the site's designation was changed from "Industrial" to "Mixed Use" in an effort to promote its reuse as an employment center. Before the site became available for development in 1998, the Boeing Company/North American Rockwell occupied it and the company was the largest employer in Downey at the time. With employment as a goal, the Tierra Luna Marketplace project is forecast to provide 3,286 employment opportunities at build -out. Additionally, the mixed-use development plan in the proposed Specific Plan Amendment will foster the kind of development that will reduce dependency on cars by providing convenient access to shopping, jobs, services and entertainment, also known as smart growth practices. Fittingly, the project's land use mix and quantities will implement these goals. Its uses will create employment opportunities; plus, they are proximate to each other so employees and customers can walk rather than drive to neighboring uses. SECTION 3. The Planning Commission of the City of Downey hereby finds, determines and declares that: A. A Final EIR has been prepared for the Tierra Luna Specific Plan in accordance with the provisions of CEQA, the CEQA Guidelines and the City of Downey's Revised Procedures for Implementing CEQA. Prior to recommending approval of the amendment to the Downey Landing Specific Plan, the Planning Commission independently considered the Final EIR, which consists of the Notice of Preparation and Draft EIR, all submitted comments received during the environmental document's public review period, the City of Downey's responses to the comments and testimony at the public hearing. Based on the Final EIR, the Planning Commission finds, determines and declares that implementing the Tierra Luna Specific Plan will result in significant and unavoidable adverse impacts on three environmental areas: construction -related emissions, long-term operational emissions and construction -generated noise. B. Therefore, the Planning Commission recommends the City Council instead select the project alternative identified in the Final EIR as "Alternative F." Alternative F is the environmentally superior project identified in the Final EIR, since its potential unavoidable adverse effects will be less severe than the anticipated impacts of the Tierra Luna Specific Plan (original amendment), while at the same time it will satisfy the objectives of the original project, as identified in the Final EIR. C. "Alternative F" nonetheless is still expected to result in significant and unavoidable impacts (albeit less severe than the impacts of the originally -proposed project) to construction -related emissions, long-term operational emissions, and construction - related noise. The Planning Commission therefore recommends that the City Council make the findings required by (i) Public Resources Code Section Downey Landing Specific Plan Amendment December 21, 2011 - Page 4 Resolution No. 11-2745 Downey Planning Commission 21081(a)(3), that specific economic, legal, social, technological or other considerations make infeasible the mitigation measures or the other project alternatives identified in the Final EIR and (ii) Public Resources Code Section 21081(b) that specific economic, legal, social, technological or other benefits of the project outweigh the significant effects on the environment. D. The Planning Commission makes the findings contained in the Findings of Fact, attached as Exhibit "D," to the Resolution Recommending Certification of the Final Environmental Impact Report for the Tierra Luna Specific Plan, with respect to significant environmental impacts identified in the EIR, together with the finding that each fact in support of the findings is true and is based upon substantial evidence in the record, including the Final EIR. E. The Final EIR has identified all the significant environmental effects that will result from implementing the Tierra Luna Marketplace project, also identified as "Alternative F" in the Final EIR for the Tierra Luna Specific Plan, and all significant effects are set forth in the Findings of Fact. F. The Findings of Fact and Final EIR have identified that if the Tierra Luna Marketplace project is approved and implemented, it may have an unavoidable adverse effect on short- and long-term air quality and construction -related noise. However, all significant effects that can feasibly be avoided or mitigated will be avoided or mitigated by implementing the mitigation measures as set forth in the Final EIR, the Findings of Fact and the Mitigation Monitoring and Reporting Program for the Tierra Luna Marketplace. G. Except for impacts to short -and long-term air quality and construction -related noise, the significant impacts that will result from the implementation of the Tierra Luna Marketplace project identified in the Findings of Fact, which will be reduced to a level of insignificance through the implementation of the mitigation measures set forth in the Final EIR, the Findings of Fact, and the Mitigation Monitoring and Reporting Program. H. The significant and unavoidable impacts that will result from the implementation of the Tierra Luna Marketplace project, which will not be reduced to a level of insignificance as set forth in the Findings of Fact, are outweighed by the economic, social, technological and other benefits of the Tierra Luna Marketplace project, as set forth in the Statement of Overriding Considerations, attached as Exhibit "E." to the Resolution Recommending Certification of the Final Environmental Impact Report For the Tierra Luna Specific Plan, A Proposed Amendment to the Downey Landing Specific Plan. The facts and conclusions set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final EIR. I. The Final EIR has described a reasonable range of feasible alternative projects to the Tierra Luna Specific Plan project that could feasibly attain the basic objectives. A reasonable range of alternatives was considered in the review process of the Draft EIR and ultimate decisions on the project. Further, "Alternative F," the Tierra Luna Downey Landing Specific Plan Amendment December 21, 2011 - Page 5 Resolution No. 11-2745 Downey Planning Commission Marketplace project, represents the environmentally superior project, which at the same time could feasibly attain the basic objectives of the original project. SECTION 5. The Planning Commission of the City of Downey hereby recommends that the City Council adopt the following documents attached to the Resolution Recommending Certification of the Final Environmental Impact Report for the Tierra Luna Specific Plan, A Proposed Amendment to the Downey Landing Specific Plan: (1) Exhibit D — Statement of Findings of Fact; (2) Exhibit E — Statement of Overriding Considerations and; and (3) Exhibit F — Mitigation Monitoring and Reporting Program. SECTION 6. The Planning Commission of the City of Downey hereby recommends the City Council certify the Final EIR, since the actions are complete and adequate, and because the Final EIR was prepared in compliance with the requirements of CEQA, the state CEQA Guidelines, and the City of Downey's Revised Procedures for Implementing CEQA. SECTION 7. Based on the findings set forth above, the Planning Commission of the City of Downey hereby recommends the City Council adopt the Amended Downey Landing Specific Plan, better known as the Tierra Luna Marketplace project and described in the Final EIR as "Alternative F." SECTION 8. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 21 st day of December, 2011. Robert Kiefer, Cfiairman 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 21st day of December, 2011, by the following vote, to wit: AYES: COMMISSIONERS: Murray, Lujan, Garcia, Morales, Kiefer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission Downey Landing Specific Plan Amendment December 21, 2011 -Page 6