CITY OF INDUSTRY CITY COUNCIL SPECIAL MEETING AGENDA
MAY 30, 2024
PAGE NO. 1
CITY OF INDUSTRY
CITY COUNCIL
SPECIAL MEETING
AGENDA
MAY 30, 2024
1:00 PM
Location: City Council Chambers,
15651 Mayor Dave Way, City of Industry
California
Mayor Cory C. Moss
Mayor Pro Tem Michael Greubel
Council Member Steve Marcucci
Council Member Mark D. Radecki
Council Member Newell Ruggles
Addressing the City Council:
Agenda Items: Members of the public may address the Council on any matter listed on the Agenda. Anyone wishing to speak to the Council is asked to complete a Speaker’s Card which can be found at the back of the room and at the podium. The completed form should be submitted to the City Clerk prior to the Agenda item being called and prior to the individual being heard by the Council.
Public Comments (Agenda Items Only): During public comments, if you wish to address the City Council during this Special Meeting, under Government Code Section 54954.3(a), you may only address the City Council concerning any item that has been described in the notice for the Special Meeting.
At the time of publication, no Councilmembers intend to take part in the meeting remotely under the provisions of AB 2449. Should that change between the time of publication and the start of the meeting, a live webcasting of the meeting will be accessible via the link, meeting ID, and meeting passcode listed below. Whenever possible, an announcement will be made at the start of the meeting via the live webcast to confirm whether or not a Councilmember will join remotely. If they will not be joining remotely, then the live webcast will terminate after the announcement www.microsoft.com/microsoft-teams/join-a-meeting
Meeting ID: 245 640 464 414
Meeting Passcode: R4vqkp
Or call in (audio only)
+1 657-204-3264,
Phone Conference ID: 596 075 236#
Americans with Disabilities Act:
In compliance with the ADA, if you need special assistance to participate in any City meeting (including assisted listening devices), please contact the City Clerk’s Office (626) 333-2211. Notification of at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting.
Agendas and other writings:
In compliance with SB 343, staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 East Stafford Street, Suite 100, City of Industry, California, at the office of the City Clerk during regular business hours, Monday through Thursday 8:00 a.m. to 5:00 p.m., Friday 8:00 a.m. to 4:00 p.m. Any person with a question concerning any agenda item may call the City Clerk’s Office at (626) 333-2211.
CITY OF INDUSTRY CITY COUNCIL SPECIAL MEETING AGENDA
MAY 30, 2024
PAGE NO. 2
1. Call to Order
2. Flag Salute
3. AB 2449 Vote on Emergency Circumstances (if necessary)
4. Roll Call
5. Presentations
6. CONSENT CALENDAR-NONE
7. ACTION ITEMS
7.1 Consideration of a License Agreement for access to Assessor’s Parcel No. 8208-025-943 for a community event
RECOMMENDED ACTION: Discuss and provide
direction to Staff.
8. PUBLIC HEARINGS
8.1 Consideration of Resolution No. CC 2024-26 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
AFFIRMING THE ASSISTANT CITY MANAGER’S APRIL 5, 2024
INCOMPLETENESS DETERMINATION FOR THE PROPOSED MIXED
USE PROJECT LOCATED AT 17201-17301 GALE AVENUE, CITY OF
INDUSTRY, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT
THEREOF
RECOMMENDED ACTION: Open the public hearing
and take public testimony; and Adopt Resolution No. CC 2024-26,or provide direction to Staff.
9. CLOSED SESSION
9.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: 8208-027-900, 901, 902, 906, 907, and 918
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: El Encanto Healthcare & Habilitation Center
Under Negotiation: Price and terms of payment
CITY OF INDUSTRY CITY COUNCIL SPECIAL MEETING AGENDA
MAY 30, 2024
PAGE NO. 3
9.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1 Industry Hills Parkway, City of
Industry, CA, 91744 also known as
Assessor Parcel Numbers (portion of)
8247-014-900, (portion of) 8247-013-
908, 8262-001-900, 8262-001-902,
(portion of) 8262-011-930, 8262-011-
931, 8262-012-270, 8262-012- 271,
8262-012-272, 8262-012-273, (portion
of) 8262-012-274, (portion of) 8262-012-
275, 8262-012-276,(portion of) 8262-
015-900, (portion of) 8262-015-901,
8262-015-902, 8262-015-904, (portion
of) 8262-015-905, 8263-008-270, 8263-
008-271, 8263-008-904 and 8263-027-
270
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a Delaware limited liability company
Under Negotiation: Price and terms of payment
9.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: 1548 S Azusa Avenue; 8265-004-045
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: 1600 Azusa SB One LLC, 1552 Azusa
One LLC, 1552 Azusa Two LLC, 1552
Azusa Three LLC
Under Negotiation: Price and terms of payment
10. CITY MANAGER REPORTS
11. AB 1234 REPORTS
12. CITY COUNCIL COMMUNICATIONS
13. Adjournment. The next regular City Council Meeting is Thursday, June 13, 2024, at 9:00 a.m.
CITY COUNCIL
ITEM NO. 7.1
Discussion only, no backup Material
CITY COUNCIL
ITEM NO. 8.1
Resolution No. CC 2024-26
RESOLUTION NO. CC 2024-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, AFFIRMING THE ASSISTANT
CITY MANAGER’S APRIL 5, 2024 INCOMPLETENESS
DETERMINATION FOR THE PROPOSED MIXED USE
PROJECT LOCATED AT 17201-17301 GALE AVENUE,
CITY OF INDUSTRY, CALIFORNIA, AND MAKING
FINDINGS IN SUPPORT THEREOF
RECITALS
WHEREAS, on or about May 22, 2023, Legacy Point LLC (“Applicant”) submitted a Preliminary Application (“Preliminary Application”) pursuant to Government Code Section 65941.1 for a mixed-use project that included 506 residential units, 16,475 square feet of commercial space, and 1,152 parking spaces at the property located at the northeast corner of Gale and Azusa Avenues, in the City of Industry, California (APNs:
8264-001-138, 8264-001-139, 8264-001-140, and 8264-001-141) (the “Property”). A copy of the Preliminary Application is attached hereto as Exhibit A, and incorporated herein by reference; and
WHEREAS, on or about November 15, 2023, Applicant submitted a Development Plan Application (Long Form) (“DP Application”) to the City using the Submittal Requirements for Development Plan – Long Form Checklist (“City’s Application Form”).
The City’s Application Form is attached hereto as Exhibit B and incorporated herein by reference. The DP Application proposed construction of a housing development project that included 597 housing units, 666,721 square feet of total building area, commercial space, and 1,145 parking stalls (the “Project”). A copy of the DP Application is attached hereto as Exhibit C, and incorporated herein by reference; and WHEREAS, on or about December 14, 2023, within 30 days of the November 15, 2023 submittal, the City sent the Applicant a letter advising Applicant that its November 15, 2023 Application was deemed incomplete (the “First Incomplete Letter”). A copy of the First Incomplete Letter from the City is attached hereto as Exhibit D, and incorporated herein by reference; and
WHEREAS, on or about March 7, 2024, Legacy Point submitted a revised Development Plan Application (the “Revised DP Application”) to the City and also submitted a letter in response to the City’s December 14, 2023 letter (the “March 7 Letter”). A copy of the Revised DP Application is attached hereto as Exhibit E and a copy of the March 7 Letter is attached hereto as Exhibit F, both incorporated herein by reference; and
WHEREAS, on or about April 5, 2024, within 30 days of the March 7, 2024 submittal, the City sent the Applicant a second notice of incomplete application (the “Second Incomplete Letter”). A copy of the Second Incomplete Letter is attached hereto as Exhibit G, and incorporated herein by reference; and WHEREAS, on or about April 11, 2024, the Applicant filed an appeal, appealing the City’s April 5, 2024 notice of incomplete application (“Appeal”). A copy of the Appeal Resolution No. CC 2024-26
is attached hereto as Exhibit H, and incorporated herein by reference; and WHEREAS, pursuant to Government Code Section 65091, on May 20, 2024, notice of the City Council’s public hearing on the Appeal was mailed to the Appellant, property owner, and property owners within 300 feet of the Property and posted at the Property, at City Hall Council Chambers, Fire Station 118, and the City’s website; and WHEREAS, on May 30, 2024, the City Council of the City of Industry conducted a duly noticed public hearing on Applicant’s appeal, and considered all testimony written and oral; and
WHEREAS, all legal prerequisites prior to adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1: The above Recitals are true and correct and are incorporated herein by reference.
SECTION 2: All necessary public hearings and opportunities for public testimony and comment have been conducted in compliance with State law and the City’s Code.
SECTION 3: Based upon the aforementioned findings and exhibits, and the evidence presented to the City Council during the May 30, 2024 public hearing, including public testimony, and written and oral staff reports, and which includes without limitation, California Planning and Zoning Law and the City’s Municipal Code, the City Council finds as follows:
I. The Applicant’s Development Plan Application Is Incomplete.
The Appeal contends that the City’s requests for additional information to complete the Development Plan are unlawful under the Permit Streamlining Act, as further described in the March 7 Letter.
The March 7 Letter addresses the items requested in the First Incomplete Letter. However, only the status of the items listed in the Second Incomplete Letter remain at issue.
The Applicant has made some contentions that relate to the Second Incomplete Letter. However, several of the contentions in the March 7 Letter relate to incomplete items that are not included in the Second Incomplete Letter and are not further discussed.
The March 7 Letter contends that many of the items requested were not listed on the City’s Application Form. This is incorrect. As shown in Exhibit I, attached hereto and incorporated herein by reference, all of the items requested in the Second Incomplete Letter are listed in the City’s Application Form.
The March 7 letter also contends that the information requested can only be Resolution No. CC 2024-26
requested after the application is found to be complete in order to “clarify, amplify, correct, or otherwise supplement” information already submitted, citing Government Code Section 65944(a). However, Section 65944(a) applies only “[a]fter a public agency accepts an application as complete.” This provision grants a public agency authority to request additional information after the application is complete to “clarify, amplify, correct, or otherwise supplement” information already submitted. Nothing in the section limits the ability of the City to request information included on its application form before an application is found to be complete.
The March 7 letter further contends that the Applicant is unable to provide information about the commercial space because the precise tenant is not known, and so the Revised DP Application does not provide any additional information about the commercial space. To provide assistance to the Applicant, the Second Incomplete Letter states that, while the precise tenant may not be known, the application must indicate broad categories of intended commercial users and typical operational features.
Finally, the March 7 letter states that the Construction Waste Management Plan form could not be completed because it required the approval of another agency. The form may be completed by the Applicant and does not require the approval of any other agency. (See Exhibit B.)
II. The Applicant’s Failure to Complete the DP Application within the Specified Time Period Renders the Preliminary Application of No Further Force or Effect.
After submittal of a Preliminary Application, an applicant must submit an application for the project within 180 days. If the project application is determined to be incomplete, the “specific information needed to complete the application” must be provided within 90 days of receiving the incomplete letter. If the applicant does not submit this information within the 90-day period, then the Preliminary Application “shall expire and have no further force or effect.” (Government Code Section 65941.1(d).) The Applicant submitted the Preliminary Application on May 22, 2023, requiring that the DP Application be submitted by November 20, 2023 (two extra days were allowed because the 180th day fell on a Saturday). The DP Application was not submitted until November 15, 2023, on the 177th day.
Because the City determined that the DP Application was incomplete, the Applicant was required to provide the specific information required to complete the DP Application within 90 days of receiving the First Incomplete Letter on December 14, 2023, or by March 13, 2024. The Applicant did not submit the Revised DP Application until March 7, 2024, on the 84th day.
The City has determined, as described above, that the Revised DP Application does not contain the specific information needed to complete the application. As a consequence, under state law, the Preliminary Application has expired and has no further force or effect.
Resolution No. CC 2024-26
The Appeal contends that a finding of completeness is not required within the 90-day period, only that the Applicant supply the specific information needed to complete the application within that period. Here, however, the Applicant did not supply the specific information needed to complete the application, as described in detail in Exhibit I and in the Second Incomplete Letter. While some of the information requested in the First Incomplete Letter was provided, much of the information listed in the First Incomplete Letter was not provided. As a consequence, the Preliminary Application has expired and has no further force or effect.
There is a further reason that the Preliminary Application is of no force or effect. On December 14, 2023, the City informed the Applicant that the Preliminary Application did not include all of the information required by Government Code Section 65941.1(a) (“Inconsistency Letter,” Exhibit J attached hereto and incorporated herein by reference).
Pursuant to Government Code Section 65941.1(a), the Applicant is only deemed to have submitted the Preliminary Application “upon providing all of the following information about the proposed project to the city…”.
Subsequent sections also reference the requirement to submit all of the information required under Section 65941.1(a) (see Cal. Gov’t. Code §§ 65941.1(c), 65941.1(d)(1), 65589.5(o)). As detailed in the Inconsistency Letter, the Applicant failed to include all of the information required, including:
the proper consent of the property owner to submit the application, as required under Section 65941.1(a)(13); the property’s identification as a hazardous waste site (Section 65941.1(a)(8)(c)); and the elevations of all sides of each building and the interior parking structure (Section 65941.1(a)(3)).
While the Applicant contends that the City has no authority to make a completeness determination as to its Preliminary Application, this is incorrect. Government Code Section 65941.1(d)(3) states that “[t]his section shall not require an affirmative determination by a city…regarding the completeness of a preliminary application …for purposes of compliance with this section”. While the statute does not require the City to make a completeness finding on the Preliminary Application, under the provisions of Section 65941.1(d)(3), the City is not precluded from doing so. In addition, no statutory provision grants an applicant the ability to make corrections to a preliminary application that does not contain all of the required information.
Instead, the preliminary application becomes effective only when the required information has been added, and the preliminary application is resubmitted to the City.
For the reasons stated in this section, the Preliminary Application has expired and is of no force or effect.
III. Exhibits
The following Exhibits are attached hereto and incorporated herein by this reference:
Resolution No. CC 2024-26
A. Preliminary Application
B. City’s Application Form
C. DP Application
D. First Incomplete Letter
E. Revised DP Application
F. March 7 Letter
G. Second Incomplete Letter
H. Appeal
I. Information Required to Complete Application
J. Inconsistency Letter
SECTION 4: Based on the aforementioned findings, the written and oral staff reports, and all written and oral testimony presented during the public hearing, the City Council hereby denies the Appeal, upholds the Assistant City Manager’s April 5, 2024 incompleteness determination, and finds that the Preliminary Application has expired and is of no force or effect.
SECTION 5: The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
SECTION 6: That the City Clerk shall certify to the adoption of this Resolution and the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a special meeting held on May 30, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Cory C. Moss, Mayor
ATTEST:
Julie Gutierrez-Robles, City Clerk