TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: MAY 28, 2024
SUBJECT: ADOPTION OF RESOLUTION NO. 24-8244, DENYING APPEAL
BY GOLDEN STATE ENVIRONMENTAL JUSTICE ALLIANCE
(GSEJA) AND UPHOLDING THE DETERMINATION OF THE
PLANNING COMMISSION WITH RESPECT TO ALL PROJECT
APPROVALS FOR THE DEVELOPMENT KNOWN AS
"PROLOGIS STEWART & GRAY ROAD WAREHOUSE
PROJECT"
EXECUTIVE SUMMARY
The City Council will consider adopting Resolution No. 24-8244, Denying Appeal by Golden State Environmental Justice Alliance (GSEJA) and Upholding the Determination of the Planning Commission with Respect To All Project Approvals for the Development Known As "Prologis Stewart & Gray Road Warehouse Project". On March 13, 2024, the City Clerk's office of the City of Downey, received an appeal letter dated March 12, 2024, authored, and signed by Mr. Joe Bourgeois, Executive Director, Golden State Environmental Justice Alliance (GSEJA) and Mr.
Ramon Amaya, Treasurer, Golden State Environmental Justice Alliance (GSEJA).
The letter was a formal request to appeal the Planning Commission's decision to approve the Prologis Stewart and Gray Road Warehouse Project.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 24-8244, Denying appeal by Golden State Environmental Justice Alliance (GSEJA) and upholding the determination of the Planning Commission with respect to all project approvals for the development known as "Prologis Stewart & Gray Road Warehouse Project."
APPEAL — PROLOGIS STEWART AND GRAY WAREHOUSE PROJECT
JUNE 11, 2024
PAGE 2
BACKGROUND
Project Description:
This application includes three separate entitlement requests: a Site Plan Review, Variance, and Lot Merger. A Site Plan Review (SPR) is required to allow for the construction of a 535,685 square foot industrial tilt -up building. The applicant is also requesting a Variance to allow for a maximum building height of 54' (feet), rather than the required 45'. Lastly, a Lot Merger is required to consolidate five separate lots into one.
The building will be used as a warehouse distribution facility with 490,685 square feet used as warehouse, 20,000 square feet as office space, and 25,000 square feet for a mezzanine. Within the warehouse space, 26,785 square feet are anticipated to be used as cold storage. The project also proposes 683 passenger vehicle parking spaces, 255 trailer parking spaces, and 109 dock doors accessing the warehouse space.
Appeal Letter:
On March 6, 2024, at its regularly scheduled meeting, the Planning Commission adopted (motion by Planning Commissioner Hector Lujan — District 1 and seconded by Planning Commissioner Elias Saikaly — District 3, for a 4-0-1 vote; Planning Commissioner Louis Morales — District 5, excused), Resolution No. 24-4022 [(1) to certify the Final Environmental Impact Report (EIR) SCH No. 2022030738, (2) to adopt a Statement of Overriding Considerations, (3) to adopt Mitigation Monitoring and Reporting Program (MMRP)], and to adopt Resolution No. 24-4023 to approve PLN-21-00025 (Site Plan Review and Variance), PLN 23-00086 (Lot Merger).
As noted, the City Clerk's office received an appeal letter dated March 12, 2024, from Mr.
Joe Bourgeois, Executive Director and Mr. Ramon Amaya, Treasurer, both with the GSEJA (Appellants). The intent of the letter is to appeal the March 6, 2024 Planning Commission's decision to approve the Prologis Stewart and Gray Road Warehouse Project. Specifically, the appeal letter outlines their concerns relative to the Final Environmental Impact Report (EIR) that was prepared for the warehouse project.
Based on the appeal letter, the Appellants believe that the Planning Commission did not adequately investigate nor mitigate the impacts as a result of the project, such as air quality and traffic, as well as water, aesthetics, natural, scenic and historic environmental qualities, and noise.
Included as part of the appeal letter is a comment letter dated January 24, 2024, prepared and submitted by Blum, Collins, and Ho LLP on behalf of GSEJA in response to the Draft EIR during the public review period. The comment letter outlined their concerns about the Draft EIR, relative to Air Quality, Energy, Greenhouse Gas Emissions, Land Use and
APPEAL — PROLOGIS STEWART AND GRAY WAREHOUSE PROJECT
JUNE 11, 2024
PAGE 3
Planning, Transportation, Alternatives, Significant Irreversible Environmental Effects, Growth Inducing Impacts, Population and Housing.
DISCUSSION
Reasons for the Appeal:
The appeal letter dated March 13, 2024 states that the "appeal seeks to reverse the entire decision of the Downey City Planning Commission issued on March 6, 2024, approving the Prologis Stewart and Gray Road Warehouse Project EIR." Additionally, the appeal references specific concerns that were presented in a January 24, 2024 comment letter that was submitted to the City, addressing the Draft EIR during the public comment period.
These comments and the City's response to comments can be found in the Final EIR section titled 2.0 Response to Comments, Exhibit D.1. In addition, for convenience and clarity the appellant's comments, or reasons for their appeal, and the City's responses is also detailed in Exhibit J. There are a total of thirty-five (35) comments, or reasons, for the appeal of the Planning Commission's decision to approve the Prologis Stewart and Gray Road Warehouse Project.
Mitigation Monitoring and Reporting Program:
The Mitigation Monitoring and Reporting Programs are provided in Exhibit D.3 —Appendix B of the EIR.
Mitigation Monitoring and Reporting Programs (MMRPs) are required by the California Environmental Quality Act (CEQA) Section 21081.6 to be adopted by CEQA Lead Agencies for projects having the potential to cause significant environmental impacts. The MMRP describes changes to the project or conditions of project approval that mitigate or avoid the project's potential significant effects on the environment.
Mitigation measures that would reduce or eliminate potential environmental impacts of the proposed project are identified in the Prologis Stewart and Gray Road Warehouse Project EIR. These mitigation measures will become conditions of project approval if the project is approved. The City is required to verify that all adopted mitigation measures are implemented properly and to ensure compliance.
City Response to Comments/Appeal:
Staff's analysis concludes that the appeal does not present separate evidence not already adequately considered in the body of evidence presented at the March 6, 2024 Planning Commission hearing adopting resolutions to approve said project.
Furthermore, the evidence presented by the appellant does not draw a conclusion that the project and its procedures are not in compliance with the guidelines outlined in CEQA.
APPEAL — PROLOGIS STEWART AND GRAY WAREHOUSE PROJECT
JUNE 11, 2024
PAGE 4
In accordance with the State CEQA Guidelines:
• The project is determined to be adequately evaluated in the Final EIR. • The reasons originally provided by the appellant were adequately acknowledged in the Final EIR's response to comments. Based on the responses provided by the City, it was determined that no revisions to the EIR are necessary, and the preparation and recirculation of a revised EIR is not required. • The evidence presented by the appellant does not constitute the type of new information or substantial changes to the project as outlined in CEQA Guidelines Section 15162 which would require a subsequent EIR.
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
1. Exhibit A - Resolution No. 24-4030
2. Exhibit B — Resolution No. 4022 (EIR, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program)
3. Exhibit B.1 — Findings of Fact and Statement of Overriding Considerations
4. Exhibit B.2 — Mitigation Monitoring and Reporting Program
5. Exhibit C — Resolution No. 24-4023 (Site Plan Review, Variance [PLN-21-00025] and Lot Merger [PLN-23-00086])
6. Exhibit D —
Final Environmental Impact Report (EIR)
7. Exhibit D.1
— Response to Comments and Comment Letters
8. Exhibit D.2
— Draft EIR Clarifications and Revisions
9. Exhibit D.3
— Mitigation Monitoring and Reporting Program
10. Exhibit DA
— EIR Appendices
11. Exhibit E
— Plans
12. Exhibit F
— Lot Merger
13. Exhibit G
— Planning Commission Staff Report
14. Exhibit H
— Appeal Letter from Golden State Environmental Justice Alliance
15. Exhibit I —
City Response Letter to Appeal Letter
16. Exhibit J
— Appellant's Comments/Reasons for Appeal and Staff Reponses (Note: A copy of Report, Resolution, and all Exhibits can be found at the City Clerk's Office, located on the 3rd Floor of City Hall, 11111 Brookshire Ave., Downey, CA 90241)