File #: 2022-376    Version: 1 Name:
Type: Special Order Status: Agenda Ready
File created: 4/25/2022 In control: City Council
On agenda: 5/23/2022 Final action:
Title: A PUBLIC HEARING TO CONSIDER RESOLUTION NO. 22-073, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT NO. GPA 112-2021; ORDINANCE NO. 22-2207, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE DISTRICT AT SOUTH BAY SPECIFIC PLAN (SPA 27-2021), MODIFYING PERMITTED USES, DEVELOPMENT STANDARDS, DESIGN FEATURES, AND OPERATIONAL CHARACTERISTICS; AND ORDINANCE NO. 22-2208, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 29-2021 (DA 29-2021) (CITY COUNCIL)
Attachments: 1. Exhibit 1_PC 4.18.22 Minutes, 2. Exhibit 2_Special Planning Commission Staff Report, April 18, 2022, 3. Exhibit 3_PC Resolution No. 22- Recommending CC Approval of SPA 27-2021, DA 29-2021 and GPA 112-2021, 4. Exhibit 4_PC Resolution No. 22- Approving DOR 1877-2021 TTM 84381 and 2022 SEIR, 5. Exhibit 5_CC Reso-22-073-District GPA_2022_05-16, 6. Exhibit 6_Ordinance-22-2207-District_SPA_2022_05-16, 7. Exhibit 7_Ordinance-22-2208-District DA_2022_05-16, 8. Exhibit 8_CC Resolution No. 22-085 Upholding PC approval of Resolution No. 22-2830, 9. Exhibit 9_District at South Bay Specific Plan Amendment_redline, 10. Exhibit 10_District General Plan Amendment No. 112-2021, 11. Exhibit 11_District at South Bay Development Agreement No. DA 29-2021_REV1, 12. Exhibit 12_District DOR 1877-2021, 13. Exhibit 13_District VTTM 83481, 14. Exhibit 14_TheDistrict_FinalSEIR_2022-04-06, 15. Exhibit 15_CEQA Findings, 16. Exhibit 16_Draft Supplemental Environmental Impact Report, 17. Exhibit 17_Response to Teamsters Local Union No. 396 letter, 18. Exhibit 18_Comparison of Project Mitigation to Fontana Warehouse Ordinance, 19. Exhibit 19_Specific Plan Amendment Errata 2022_05-17, 20. Exhibit 20_District COA_DOR_ERRATA_2022_05-16, 21. Exhibit 22_District COA_SPA_ERRATA_2022_05-15, 22. Exhibit 21_District COA_VTTM_ERRATA

Report to Mayor and City Council

Monday, May 23, 2022

Special Orders of the Day

 

 

SUBJECT:                     

Title

A PUBLIC HEARING TO CONSIDER RESOLUTION NO. 22-073, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT NO. GPA 112-2021; ORDINANCE NO. 22-2207, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE DISTRICT AT SOUTH BAY SPECIFIC PLAN (SPA 27-2021), MODIFYING PERMITTED USES, DEVELOPMENT STANDARDS, DESIGN FEATURES, AND OPERATIONAL CHARACTERISTICS; AND ORDINANCE NO. 22-2208, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 29-2021 (DA 29-2021) (CITY COUNCIL)

 

 

Body

I.                     SUMMARY

This staff report addresses both Item 2022-377, (Specific Plan Amendment No. SPA 27-2021 General Plan Amendment No. GPA 112-2021 and Development Agreement No. DA 29-2021) and Item 2022-414, (the appeal hearing for the 2022 SEIR, Site Plan and Design Review No. DOR 1877-2022 and Vesting Tentative Tract Map No. VTTM 83481 since both items concern The District at South Bay Specific Plan Project.

 

On April 18, 2022, the Planning Commission held a special public hearing and adopted:

 

1.                     Resolution No. 22-2831 to:

 

a.                     Recommend that City Council adopt the District at South Bay Specific Plan Amendment No. SPA 27-2021 (Exhibit No. 3);

b.                     Recommend that City Council Approve General Plan Amendment No. GPA 112-2021; and

c.                     Recommend that City Council approve Development Agreement No. DA 29-2021.

 

2.                     Resolution No. 22-2830 to:

 

a.                     Approve Site Plan and Design Review No. DOR 1877-2022;

b.                     Approve Vesting Tentative Tract Map No. VTTM 83481; and

c.                     Adopt CEQA Findings of Fact, Certify Supplemental Environmental Impact Report for The District at South Bay Specific Plan State Clearinghouse No. 2005051059, adopt a Mitigation Monitoring and Reporting Program and adopt a Statement of Overriding Considerations.

 

On April 21, 2022, Councilmember Arleen Bocatija Rojas appealed the Planning Commission’s Decision to adopt Resolution No. 22-2830 to the City Council. The appeal is presented in another agenda item.  Separately, the Council is being asked to consider the following:

 

1.                     Ordinance No. 22-2207. An Ordinance of City Council of Carson, California, amending the District at South Bay Specific Plan Amendment No. SPA 27-2021 (Exhibit No. 3);

 

2.                     Resolution No. 22-073, A Resolution of City Council of Carson, California, Adopting General Plan Amendment No. GPA 112-2021;

 

3.                     Ordinance No. 22-2208, An Ordinance of City Council of Carson, California, Approving Development Agreement No. DA 29-2021.

 

Pursuant to the Development Agreement, the Project provides the following benefits to the City and the Carson Reclamation Authority:

 

1.                     Complete all remedial and horizontal work on Cells 3, 4 and 5 at Developer’s expense, estimated in excess of $150,000,000; and

2.                     Pay the Authority a $45,000,000 residual land value price ($32,500,000 of which will be used to restart the outlet mall project back on Cell 2); and

3.                     Subsidize the City and Authority’s construction of Lenardo Drive and other sitewide infrastructure in the amount of 60% of the cost above the City’s contribution of the Measure R/measure M bond funds; and

4.                     Pay the City a $7,500,000 Development Agreement Fee, which is approximately $2.3 Million dollar over the DIF amount that the Developer would be otherwise obligated for under the City’s DIF Ordinance, and which is paid earlier in the permitting process; and

5.                     Pay a fair-share contribution of $3,000,000 toward the reconstruction of the wall along Avalon Boulevard between Elsmere and University; and

6.                     Provide low-income housing benefits, including one of the following: (i) the participation in any City-wide affordable housing program, (ii) the development of at least 100 Lower-Income units, or (iii) payment of an in-lieu fee for affordable housing;

7.                     Develop 9 new sit-down restaurants and a 12-acre community amenity and gathering area in the Carson Country Mart, which will be maintained by developer forever, and work with the City in good faith on an agreement (binding on Developer’s operators, tenants, successors and/or assigns) to allow the City to schedule events and use the Carson Country Mart open space/event lawn/park areas up to three times per week and cooperate with the City to determine the feasibility of using portions of the Carson Country Mart for a periodic farmer’s market and other similar temporary uses; and

8.                     Annex into the City-Wide Community Facilities District (CFD No. 2018-01) (“Citywide CFD”).  The Project shall be assessed Citywide CFD fees based on the CFD formula and fee structure in place as of January 12, 2021 (which includes certain escalation provisions for assessed fees); and

9.                     Participate in the sitewide CFDs (CFD 2012-1 and CFD 2012-2) which provide funding for the Authority’s permanent operation and maintenance of the remedial systems and the on-site street infrastructure; and

10.                     Create approximately 2,000 new direct construction jobs, with another 3,000 indirect and induced jobs, as well as approximately 4,600 new permanent jobs and make reasonable efforts to cause all solicitations for full- or part-time, new or replacement employment relating to the construction, operation and maintenance of the Project to be advertised in such a manner as to target local City residents and shall make other reasonable efforts at local employment outreach, including working with the South Bay Workforce Investment Board and its Carson One-Stop Center; and

11.                     Develop and fund a comprehensive public art program on PA3; and

12.                     Offer any excess energy generated from the Project’s on-site photovoltaic panels (excess being defined as any power produced above what is required to provide energy to those activities on Cells 3, 4, and 5) to the City through a future Power Purchase Agreement (“PPA”).

 

II.                     RECOMMENDATION

Recommendation

1.                     OPEN the Public Hearing, TAKE public testimony, CLOSE the Public Hearing.

 

2.                     WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 22-073 OF THE CITY COUNCIL OF THE CITY OF CARSON CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT NO. GPA 112-2021;

 

3.                     INTRODUCE for first reading, by title only and with full reading waived, of “ORDINANCE NO. 22-2207 OF THE CITY COUNCIL OF THE CITY OF CARSON APPROVING SPECIFIC PLAN AMENDMENT NO. 27-2021 MODIFYING PERMITTED USES, DEVELOPMENT STANDARDS, DESIGN FEATURES, AND OPERATIONAL CHARACTERISTICS”; and

 

4.                     INTRODUCE for first reading, by title only and with full reading waived, of “ORDINANCE NO. 22-2208 OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 29-2021 (DA 29-2021)”.

Body

III.                     ALTERNATIVES

TAKE such other action as the City Council deems appropriate, consistent with the requirements of the law.

 

 

IV.                     BACKGROUND

 

Requested Approvals

The project includes an Amendment to The District at South Bay Specific Plan (SPA/Amended Specific Plan); a Development Agreement (DA) with Carson Goose Owner, LLC for development of light industrial, commercial, and publicly accessible but privately maintained open space and commercial/community-use and amenity areas (“Carson Country Mart”) within Planning Area 3 (PA3) of the Amended Specific Plan; a Supplemental Environmental Impact Report (SEIR) to the 2006 Final Environmental Impact Report as amended (FEIR); Site Plan and Design Review, (DOR); a General Plan Amendment (GPA) to change the General Plan land use designation of a 73.53-acre portion of Planning Area 3(a) of the SPA (PA3(a)) from Commercial Marketplace (CM) to Light Industrial (LI) and to remove the requirement that Lenardo Drive be designed as a Major Highway (see section VI of this Staff Report); and a Vesting Tentative Tract Map (VTTM) for PA3 to create 14 parcels.

 

The Planning Commission has made certain recommendations to the City Council regarding the SPA, DA and GPA. However, the Planning Commission is the approving authority for the DOR, VTTM, and, in this case, to certify the SEIR, however such approvals are contingent upon City Council's decision to approve the SPA, DA, and GPA.

 

Proposed Project

The proposed Project (the 2021 Project) constitutes a modification to the permitted land uses and development standards for PA3 of the 157-Acre site (Project Site) that is currently subject to The District at South Bay Specific Plan (the 2018 Specific Plan). The 2021 Project does not propose any changes to the residential or regional commercial uses previously approved under the 2018 Specific Plan for 61 acres of the 157-Acre Site specifically within Planning Areas 1 and 2 (PA1 and PA2). The 2021 Project also excludes the 11-acre area on the north side of Del Amo within DD3, which has since been developed with 300 apartment units and is now known as Evolve South Bay.

 

Industrial Park

The 2021 Project will replace the previously approved 1,123,333 square feet of regional retail, neighborhood-serving retail, restaurant, recreation/entertainment, and hospitality uses (e.g., theater, gym, hotel, etc.)  in PA3 with a maximum of 1,567,090 square feet of light industrial development including 75,000 of supportive office uses under a Light Industrial (LI) General Plan designation within PA3(a) which also includes approximately 0.62-acre parkway space that will include shade trees and native planting, a meandering walking path, and a sidewalk along the south side of Lenardo Drive along PA1 from (the Enhanced Parkway).  The light industrial buildings are expected to support a variety of fulfillment/e-commerce centers and distribution/parcel hub center uses. A Fulfillment Center involves the storage and direct distribution of e-commerce product to end users.  A parcel hub use usually involves transload functions (i.e., “pallet loads or larger handling products of manufacturers, wholesalers/distributors, or retailers with little or no storage durations”) for a parcel delivery company. Fulfillment centers typically have higher employee ratios and therefore cause increased vehicular trip generation impacts with fewer heavy-duty truck related effects. Distribution centers and parcel hubs, on the other hand, create more truck-related impacts but typically have significantly fewer employees and far reduced vehicular and van-related impacts.

 

Carson Country Mart

In addition, the 2021 Project includes up to approximately 12 acres of publicly accessible but privately-owned and maintained open space and commercial/community-use and amenity areas under a Commercial Marketplace (CM) General Plan designation, otherwise referred to as the Carson Country Mart located on PA3(b). The Carson Country Mart will consist of passive and active uses including a dog park, botanic garden, children’s play area, plaza areas, garden terrace, flexible event/social lawn, performance pavilion, water feature, sculpture garden, bioretention garden, games terrace, and pedestrian and bicycle pathways. Commercial uses and activities will also be integrated within the Carson Country Mart to draw in patrons and visitors to activate and enliven the overall area.

 

Specifically, the Carson Country Mart will include up to 10,000 square feet of commercial/retail uses, 12,600 square feet of restaurants (with drive-through capability), a 2,200 square foot walk-up cafe adjacent to the dog park and event lawn, and 9,000 square feet of food and beverage kiosks. The commercial/retail and restaurant uses within the Carson Country Mart may also include alcohol sales consistent with the requirements under the Amended Specific Plan. Public access to the Carson Country Mart will be provided along Lenardo Drive, connecting to Main Street and Avalon Boulevard; in addition, an access road with easements for operation and maintenance of the Torrance Lateral will be provided around the southern/western boundary of the Carson Country Mart, adjacent to the Torrance Lateral.  The Country Mart would constitute a community benefit to the City of Carson.

 

The Amended Specific Plan also adds a third option for the freeway billboard signage in addition to the two previously approved along the embankment lot adjacent to the I-405 Freeway (Option C), as an addition to the existing options for such freeway signage under the 2018 Specific Plan. Option C would include four freeway billboard pylon signs, two of which would be double-faced LED, digital, with a changeable message, and two of which would be double-faced and static, with a changeable message. Two of the signs would allow for off-site advertising per the Amended Specific Plan. Under Options A and B, the freeway pylon signs would be a maximum of 88 feet in height (from grade) and 65 feet in width. Under Option C, the freeway pylon signs would also be a maximum of 88 feet in height (from grade) but extended to 70 feet in width, and would allow for tenant signage below the digital billboard face. One of the three options will be implemented taking into consideration City’s current and future commitments for signage along the freeway. 

 

 

Construction on a landfill

Because the 157-Acre Site is a former landfill, residential uses are only permitted on PA 1 and PA 2 (residential uses on PA 2 require an Administrative Permit). Residential uses are not permitted on PA3. Construction of all improvements, structures, and buildings will require use of driven structural piles in all three planning areas (instead of slabs on grade as outlined by the 2006 FEIR) to provide stable building foundations. Pile caps would be used to connect the piling and the overlying impermeable membrane cap. Piles could range from approximately 40 to 90 feet in length, with an average length of 65 feet, which is the same as was proposed for the 2018 Project (defined below). Existing roadways are not constructed on fill/waste and, as such, roadway construction in existing alignments would not require the use of foundation pilings but would still require evaluation and design in accordance with all applicable requirements of the City of Carson Engineering Department and the Department of Toxic Substance Control (DTSC). 

Project Site & Surrounding Land Uses

The Project Site is surrounded by multiple uses. East of I-405 Freeway, land uses include neighborhood and regional retail, such as the South Bay Pavilion at Carson. To the north and east of the Project Site are the Porsche Experience Center and the Victoria Golf Course, respectively. Residential areas, consisting of one-story and two-story detached residences and mobile homes, are located to the south and west, and are buffered from the Project Site by the Torrance Lateral Flood Control Channel (Torrance Lateral), an approximately 75-foot-wide concrete-lined drainage channel that parallels the southern and western border of the Project Site. Note that additional buffers are proposed by building setbacks at the property line, which will range from 55.5 to 113 feet. To the west of the Project Site, extending away from the Project Site on Torrance and Del Amo Boulevards, are commercial and light industrial uses. Further north on the west side of Main Street are light industrial uses, and northeast of the Project Site are Dignity Health Sports Park and California State University, Dominguez Hills.

History

The Former Cal Compact Landfill (the “157-Acre Site” or “Site”) was operated from the late 1950’s until 1965, prior to the incorporation of the City in 1968.  It was separated into five waste cells (PA3 includes Cells 3, 4 and 5). The Site has soil, soil vapor and groundwater contamination that requires monitoring and mitigation. The decomposition of the waste and poorly compacted soils require various improvements to allow for vertical development. Since the closure of landfill operations over 50 years ago, the Site has remained undeveloped, despite many development proposals and transfers of the 157-Acre Site to various developers each of whom were ultimately unable to develop the Site due to the substantial costs of, and liability for, the environmental remediation and geotechnical enhancements required for the 157-Acre Site to be developed.

In 2006, Carson Marketplace LLC, the former owner of the 157-Acre Site, proposed a development plan that consisted of a 1,995,125 square feet (sf) mixed-use commercial project (including retail, 300 hotel rooms, and entertainment uses) and 1,550 residential units. In 2006, in accordance with CEQA, the Carson Redevelopment Agency (RDA), as the lead agency, certified a project-level FEIR for the Carson Marketplace Project (2006 FEIR) and the City approved the Carson Marketplace Specific Plan for the 157-Acre Site and the 11-acre DD3 project area (referred to as the 2006 Project or 2006 Specific Plan).

In 2009, an Addendum to the 2006 FEIR was prepared and subsequently adopted to include changes in the remediation activities for the Project Site in connection with DTSC regulatory requirements (hereinafter, the term “2006 FEIR” represents the 2006 FEIR and its Addendum, and the term “approved” in connection with the FEIR refers to certification of the 2006 FEIR and the adoption of the 2009 Addendum).

In 2011, the City, relying upon the 2006 FEIR, amended the Carson Marketplace Specific Plan and, as part of that amendment, renamed the 2006 Specific Plan to be The Boulevards at South Bay Specific Plan. During its period of ownership, Carson Marketplace LLC began to implement certain remedial actions to enable development of the approved mixed-use development project pursuant to the 2006 Specific Plan.

In 2018 a SEIR was prepared which supplemented the previously approved 2006 FEIR, as described above, to address the impacts for a new project proposal on PA2 of the Project Site proposed by CAM-Carson LLC (the “2018 Project”), which included a retail outlet mall to be named the Los Angeles Premium Outlets (LAPO Project) which has yet to be constructed. The 2018 SEIR evaluated changes to only the commercially zoned land located south of Del Amo Boulevard, comprising approximately 157 acres. The 2018 Project analyzed under the 2018 SEIR modified or otherwise reduced the scope of the original project analyzed in the 2006 FEIR to ultimately consist of approximately 1,601,500 square feet of regional commercial, general commercial, and related uses, including retail outlet and entertainment uses, up to 1,250 residential units, and up to 350 hotel rooms. Overall, with the proposed modifications, the total square footage was roughly 100,000 square feet less than that studied for the 2006 Project analyzed in the 2006 FEIR. In April 2018, the City approved the 2018 SEIR to implement the 2018 Project as modified and adopted The District at South Bay Specific Plan (i.e., the 2018 Specific Plan) (thus renaming the previously-approved Boulevards at South Bay Specific Plan).

The 2021 Amendment to the District at South Bay Specific Plan represents a unique opportunity to remediate a large former landfill site through uses that have the economic viability to develop a project upon the former Cal Compact landfill. This former landfill site has been a blight on the neighboring community for over 50 years, and as such, the development allowed under the 2021 Amendment has the opportunity to become an example of what redevelopment and environmental technology can achieve (given the high costs and constraints of development of a former landfill) by revitalizing the Site and providing community benefits. The mix of uses proposed within the Amended Specific Plan would enable a vibrant mixed-use community comprising residential, commercial, light industrial, community amenities, and open space uses that would allow for a new, enlivened Site with live, work, and play opportunities, and would also provide for some new tax- and revenue-generating uses to serve the City and the community as a whole.

 

Project Ownership

The Carson Reclamation Authority (CRA) currently owns the 157-Acre Site. CRA took ownership of the parcel in 2015 as part of a multi-party transaction intended to facilitate the development of an NFL stadium on the Site. CRA intends to sell the approximately 96-acre area, which constitutes PA3, to Carson Goose Owner, LLC, a private developer, affiliated with Faring Capital, LLC, which has, for more than a decade, developed millions of square feet of complex residential and commercial projects all over Southern California with a wide range of environmental and constructability challenges and with ultimate project costs and transaction values ranging into the billions of dollars. Carson Goose Owner, LLC, will be responsible for construction of the remedial systems and Site development improvements underlying the surface lot of PA3, to achieve DTSC certification of the former landfill and prepare it for vertical construction. Carson Mylo Owner, LLC, in association with Carson Goose Owner LLC, will be responsible for the vertical development of the Project Site.

Request for Proposals for Development of the Site

The CRA, as owner of the Site, has responsibility for ensuring the landfill’s eventual legal closure under State law and its agreements with DTSC.  Most of the funds made available to it for closure were expended by the CRA in the Cell 2 development (the LAPO Project) in order to ensure that retail project’s feasibility. It was always understood that the installation of the remedial systems would need to be paid for and undertaken by private developers, but the CRA’s negotiations on several other projects and pursuant to its issuance of multiple RFPs for project development on the Site, have demonstrated that most land uses such as retail, hotels, and residential, would not be financially feasible as they cannot provide revenue to the developer sufficient to afford to pay the cost of the remedial system installation, the extraordinary foundation costs, and the ongoing maintenance obligations the CRA requires without an enormous subsidy from the CRA or the City which simply does not exist.

On October 3, 2019, the CRA issued an Invitation to Propose for Cells 3, 4, and 5 and received seven development proposals from various development teams, all of which contained some component of light industrial and/or warehouse uses (most proposals included 100 percent light industrial uses), further demonstrating that light industrial and/or warehouse uses are the most feasible for providing the necessary revenue to fund the substantial cost of remediation at the 157-Acre Site. Thus, Faring Capital LLC was chosen by the CRA Board to proceed with negotiations for its development project proposal, since they were the only developer that demonstrated the overall financial feasibility of their project and able to pay the residual land value for PA3 in the amount of approximately $45,000,000 while providing the Carson Country Mart as an added community amenity.

Remediation Activities

On October 25, 1995, the DTSC approved a remedial action plan (the “RAP”) for the 157- Acre Site, which requires the installation, operation and maintenance of the Remedial Systems. The RAP has been amended with an Explanation of Significant Differences, allowing for a modification of some of the remedial systems, featuring the use of a membrane liner on most of the Site rather than a clay cap. The partial remediation systems that have been constructed on the 157-Acre Site include the following:

                     A landfill cap, comprised of an impermeable linear low-density polyethylene (LLDPE) geomembrane with a minimum of 1 foot of overlying protective cover soil, which has been completed in portions of the Site, and a clay cap that has been constructed along the perimeter slopes adjacent to the I-405 Freeway and the Torrance Lateral. The landfill cap is designed to encapsulate the waste, prevent landfill gas from escaping, and create a barrier between future improvements and buried waste; and

                     A Groundwater Extraction and Treatment System (GETS), which has been installed/completed and approved by DTSC. The GETS consists of a network of 29 groundwater extraction wells around the downgradient edge of the 157-Acre Site, which are pumped to collect and treat groundwater in and beneath the waste zone; and

                     An active Landfill Gas Collection and Control System (GCCS), designed to remove landfill gases from under the landfill cap and flare or treat them, has been completed in large portions of the Project Site.

A portion of the remedial systems for PA3 were constructed prior to 2014, including part of the GCCS in Cells 4 and 5 and membrane liner over “non-building areas” of those cells under a previous developer’s site plan.  The remaining remedial systems for PA3 must be constructed prior to Project development.

Site Plan and Design Review

The Applicant (i.e., Faring Capital LLC / Carson Goose Owner LLC) submitted an application for Site Plan and Design Review (DOR No. 1877-2021) as part of the entitlements. The DOR package included the Site Plan, floor plans and elevations for all light industrial and commercial buildings, and perspective renderings of key views of the proposed Project.

Buffers/Setbacks

Buffers between the light industrial uses and adjacent residential uses (both on and off-site) are provided in the Site Plan. The light industrial buildings within PA3(a) maintain a variety of setbacks from the property line along the Torrance Lateral. The setbacks for light industrial buildings along the south and west property lines are 55.5 feet at Building F; 70 feet at Building D; and 113 feet at Building A. In addition, the Torrance Lateral provides an additional buffer of 75 feet from the property line to the nearest off-site residential uses. In addition, the loading areas would be screened by the orientation of the building and/or the installation of sound walls, as well as landscaping.

Residential Uses Not Permitted on the Ground Floor

Residential uses are permitted PA 1 (and PA 2 with an administrative permit), however due to Site conditions, no residential uses may be constructed on the ground floor. Residential uses may be located above a non-residential use or parking garage. In addition, no residential use may be occupied until the entire 157-Acre Site has been remediated.

Height

The Site Plan allows building heights of 50 feet for the light industrial buildings along the south and west property lines, with additional architectural features extending the height to 56 feet. Interior light industrial buildings will be a maximum of 55 feet, with additional architectural features extending the height to 65 feet. The commercial/retail and restaurant buildings in the Carson Country Mart will be between 25 feet and 30 feet with exceedances permitted for architectural features and/or mechanical equipment. In addition, in conformance with the 2021 Amended Specific Plan Amendment, buildings would be developed in simple geometric shapes with visual interest incorporated through variation in color and materials within PA3. Buildings developed within PA3 must be designed using durable and high-quality materials.

Carson Country Mart

As stated above, the Carson Country Mart, located in PA3(b), would provide 11.12 acres of privately maintained, publicly accessible community-serving commercial use area that would include a variety of passive and active spaces, programmed areas and amenities intended to serve local City residents and to activate the area. The Carson Country Mart’s 273,906 square feet (6.29 acres) of total active and passive spaces are proposed to include: a 6,365 square feet arrival plaza, 26,265 square feet food and beverage plaza area, 22,740 square feet dog park, 3,343 square feet performance pavilion, 19,400 square feet botanic garden, 25,400 square feet children’s play area, 19,490 square feet  bioretention garden, 1,800 square feet outdoor cafe, 2,990 square feet games terrace, 35,210 square feet event lawn, 2,975 square feet sculpture garden, 4,425 square feet water feature and iconic element, planted open spaces and buffers, and a 570 square foot arrival area. In addition, this area also includes 1.17 acres of planted open spaces and 1.2 acres of planted buffer areas on west and south sides of the Carson Country Mart.

Access and Circulation

Access will be provided by two primary routes, Lenardo Drive and Stamps Drive, which continues as “Private Drive” south of Lenardo Drive providing local access to the light industrial uses. Lenardo Drive connects the Main Street entry with the Avalon Boulevard/I-405 Freeway entry. Stamps Drive begins at Del Amo Boulevard and ends at Lenardo Drive, before entering the light industrial uses within PA3(a). Lenardo Drive will be a public street and will retain a similar alignment to the original haul road. The light industrial uses in PA3(a) and the Carson Country Mart uses in PA3(b) will take access off Lenardo Drive. Internal access within PA3(a) will be via private drives.

Pedestrian sidewalk circulation will be located in PA3(a) and both pedestrian and bicycle circulation will be provided in PA3(b).

Trucks will be prohibited from using or travelling on Avalon Boulevard.  (Note: this is a new requirement as discussed later in this staff report.)

 

 

Parking

Parking in PA 3 will be provided as follows (PAs 1 and 2 remain the same):

Light Industrial:

Auto:1 space per 1,000 square feet (less than 40,000 sf); 1 space per 4,000 square feet (more than 40,000 square feet)

Off-site parking will be not be included in the required parking calculation for the light industrial uses in PA 3(a)

Truck Trailer:

203 truck trailer parking total per Parking Study, dated August 20, 2021

Ancillary Office: 1 space per 300 square feet

Restaurant: 4 spaces per 1,000 sf

Retail: 4 spaces per 1,000 sf

Park: 2 spaces per acre

Shared parking is permitted to help maximize the efficiency of parking lots. There are approximately 41 additional parking spaces within the parking lot adjacent to Building F in PA3(a) that could accommodate surplus parking demand from the Carson Country Mart (PA3(b)). These parking spaces could be reallocated using time-of-day restrictions without diminishing the efficacy of the parking demand generated by light industrial uses in PA3(a). Any allowance for shared parking herein shall require a parking demand study approved by the Community Development Director, prior to issuance of a building permit.

Staff reviewed the DOR package for consistency with the 2021 SPA, General Plan and Carson Municipal Code (CMC), as applicable. Staff determined that the design met the applicable development standards criteria set forth in the 2021 SPA, General Plan and Carson Municipal Code (CMC).

General Plan Amendment

The Applicant submitted an application for a General Plan Amendment (GPA) to change the General Plan designation of a 73.53-acre portion of PA3 (PA3(a)) from CM to LI. The GPA also includes a text amendment to remove the requirement of designing Lenardo Drive to Major Highway standards. The Major Highway has a total Right of Way width of 100 feet and a curb-to-curb width of 84 feet. Lenardo Drive will be designed to have a total Right of Way width of 80 feet and a total curb-to-curb width of 64 feet. This revision is due to Lenardo Drive coinciding with the alignment of the former landfill’s haul roads. The former haul roads are not underlain by fill/waste and, as such, roadway construction in existing alignments would not require the use of foundation pilings under the street.

Vesting Tentative Tract Map

The Applicant submitted an application for a Vesting Tentative Tract Map for PA3 to create 14 parcels. The TTM was reviewed by the Carson Community Development Department and City Engineer for compliance with the Subdivision Map Act. In addition, the TTM has been reviewed by the Los Angeles County Department of Public Works (LADPW) for compliance with the Carson Municipal Code and the State Subdivision Map Act. The Final Map will be required to comply with all Conditions of Approval and comments from the City and LADPW.

Specific Plan Amendment

The 2021 Specific Plan Amendment provides development standards and guidelines that allow for a potential mix of land uses, including a maximum of 1,550 residential units (including the 300 units constructed in DD3 in 2019); approximately 711,500 square feet of commercial uses in PA2; and approximately 1,567,090 square feet of light industrial including 75,000 ancillary office uses in PA3(a); and approximately 11.12 acres dedicated to the Carson Country Mart in PA3(b).

The revisions to permitted uses, development standards and design criteria are limited to PA3.

The light industrial uses proposed for PA3(a) with the 2021 Project will be contained in six main buildings (Buildings A-F). Buildings A, B, C, and F, totaling 788,790 square feet, are anticipated to be occupied by e-commerce and fulfillment center uses, including 50,000 square feet of ancillary office space. Buildings D and E, totaling 778,300 square feet, are planned for more traditional distribution center and parcel hub type uses, including 25,000 square feet of ancillary office space. The Amended Specific Plan permits flexible use of buildings between e-commerce/fulfillment and distribution center/parcel hub uses provided any changes comply with impacts studied in the 2022 SEIR.

The privately owned and maintained, publicly accessible open space and community commercial use and amenity area located on PA3(b) has been named Carson Country Mart. The Carson Country Mart will consist of passive and active uses, with commercial uses and activities integrated to draw in patrons and visitors to activate and enliven the overall area. The commercial and community amenity will include a variety of passive and active open spaces, programmed areas, and community-serving commercial uses intended to serve local City residents and to activate the area to draw visitors to the area. Hours of operation for all uses within PA3(b) will be from 6 a.m. to 11 p.m.

The Carson Country Mart will provide for approximately 273,906 square feet (6.29 acres) of programmed spaces, and open space/amenity areas that would include the following:

(i) A 6,365 square foot arrival plaza;

(ii) A 26,265 square foot food and beverage plaza area;

(iii) A 22,740 square foot dog park;

(iv) A 3,343 square foot performance pavilion;

(v) A 19,400 square foot botanic garden;

(vi) A 25,400 square foot children’s play area;

(vii) A 19,490 square foot bioretention garden;

(viii) A 1,800 square foot beer garden;

(ix) A 2,990 square foot games terrace;

(x) A 35,210 square foot event lawn;

(xi) A 2,975 square foot sculpture garden;

(xii) A 4,425 square foot water feature and iconic element;

(xiii) A 570 square foot arrival area for a potential pedestrian community bridge; and

(xiii) 50,774 square feet of planted open spaces and 52,159 square feet of planted buffer areas on the western and southern portions of the Carson Country Mart.

The Carson Country Mart will also include 33,800 square feet total of commercial/retail uses as follows: 10,000 square feet provided in a single retail use catered to pets and animals; four restaurants (with drive-through capability) totaling 12,600 square feet; 9,000 square feet of food and beverage kiosks; and a 2,200 square foot cafe

The Specific Plan Amendment provides for artistic features within all Planning Areas. The artistic features provided within each Planning Area shall have a value equal to 0.5 percent of the total building costs (as measured by building permit valuations). Artistic features must be provided prior to issuance of any certificate of occupancy for a building within any parcel within the PA3 area.

Specific Plan Amendment Revisions and Clarification

Since the April 18 Special Planning Commission meeting, Staff has added clarifying language to the District at South Bay Specific Plan Amendment. Revised/clarified items include a minimum and maximum FAR for light industrial uses, excluding off-site parking from the parking provision for light industrial uses, and clarification regarding Specific Plan Amendments. These revisions can be found in Exhibit 19, Specific Plan Amendment Errata.

Timing of Carson Country Mart

The Carson Country Mart must be developed and substantially completed with certificates of occupancy issued for at least 50% of the commercial floor area and the entire park area/amenities open to the public during the first phase of Project construction, prior to issuance of a certificate of occupancy for any of the light industrial buildings proposed by the Project, and (ii) certificates of occupancy shall be issued for eighty percent of the Carson Country Mart’s commercial floor area prior to the City’s issuance of a certificate of occupancy for the sixth (or last if less than 6 buildings constructed) light industrial building proposed for the Project.

Environmental Review

The 2021 Supplemental Environmental Impact Report (2021 SEIR, or 2021 Draft SEIR) and 2022 Final Supplemental Environmental Impact Report (2022 FSEIR) augment and supplement the environmental analysis previously provided in the (i) 2006 Final EIR (2006 FEIR); (ii) an Addendum to the 2006 FEIR adopted by the City in 2009 to address changes in the remediation activities at the 157-Acre Site; and (iii) the previously certified 2018 Supplemental EIR approved by the City in April 2018 (2018 SEIR), for the 157-Acre Site. The 2006 FEIR and 2018 SEIR also analyzed a separate 11-acre Site located north of Del Amo Boulevard (which was not formerly part of the Cal Compact Landfill) pursuant to the Carson Marketplace Specific Plan which was approved by the City Council of the City of Carson (City) in 2006. The 11-acre Site (also referred to as DD3 under the Carson Marketplace Specific Plan) has since been developed with the Evolve South Bay apartment complex. Separately, the 2021 SEIR augments and supplements the (i) Addendum to the 2006 FEIR adopted by the City in 2009 to address changes in the remediation activities at the 157-Acre Site; and (ii) the previously certified 2018 SEIR for a revised project proposal for the 157-Acre Site (the 2018 Project), which included a revision and re-naming of the Carson Marketplace Specific Plan to be known as the District at South Bay Specific Plan (the 2018 Specific Plan).

Purpose of the SEIR

To determine whether the 2021 Project would result in any new impacts or increases in the severity of impacts that were previously disclosed in the 2006 FEIR and/or 2018 SEIR, the analysis considers the impacts that would result from construction and operation of the 2021 Project under current environmental and regulatory requirements and with applicable project design features and mitigation measures. The analysis compares impacts under the 2021 Project to those identified in the 2006 FEIR and/or 2018 SEIR. The 2022 SEIR also includes implementation of the 2018 SEIR mitigation measures, either as adopted in the 2018 Mitigation Monitoring and Reporting Program (MMRP) and/or as revised in the 2021 SEIR, as well as new mitigation measures and project design features provided in the 2022 FSEIR.

 

Consistent with CEQA Guidelines Section 15162(a)(1-3), the 2021 Project was evaluated to determine if it would result in one or more of the following: (1) substantial changes that require major revisions of the previous EIR due to the involvement of new significant impacts or a substantial increase in the severity of previously identified significant impacts; (2) substantial changes in circumstances that would result in new or substantially more severe environmental impacts; or (3) new information of substantial importance that would result in new or substantially more severe environmental impacts.

 

There are no mitigation measures or alternatives that were previously found not to be feasible that would now be feasible or are considerably different from those analyzed in the 2018 SEIR, nor that would reduce one or more significant effects or where the project proponents decline to adopt those mitigation measures or alternatives.

 

Project Characteristics and Project Design Features

Project Characteristics include proposed development standards, design features, and/or operational characteristics that are incorporated into the 2021 Project. Project Characteristics would avoid or reduce potential environmental effects through project design and operational characteristics.

 

Project Design Features (PDFs) are identified in addition to Project Characteristics for aesthetics, air quality emissions, energy use, and greenhouse gas (GHG) emissions. These PDFs represent either 2021 Project design, construction, and/or operational features or regulatory requirements. All PDFs and mitigation measures will be monitored and enforced in the 2022 SEIR MMRP.

Notable project characteristics include sound walls up to 16 feet in height at key locations within PA3(a). These walls are designed to buffer residential areas from the light industrial activities.

Topics Analyzed in the SEIR

A.                     Aesthetics

B.                     Air Quality

C.                     Biological Resources

D.                     Cultural Resources

E.                     Energy

F.                     Geology and Soils

G.                     Greenhouse Gas Emissions

H.                     Hazards and Hazardous Materials

I.                     Hydrology and Water Quality

J.                     Land Use and Planning

K.                     Noise

L.                     Population and Housing

M.                     Public Services

N.                     Recreation

O.                     Transportation

P.                     Tribal Cultural Resources

Q.                     Utilities and Service Systems

Significant and Unavoidable Project-Related Impacts

The significant impacts of the 2021 Project that cannot be avoided, even with implementation of feasible mitigation measures, are provided below. Also identified are the significant and unavoidable impacts associated with construction and/or operation of the 2018 Project and the 2021 Project for comparative purposes.

Aesthetics: Topic: Conversion of the Appearance of the Site:

2018:                     Significant and Unavoidable;

2022: Significant and Unavoidable.

Aesthetics: Topic: Cumulative Contribution Related to the Conversion of the Appearance of the Site:

2018: Significant and Unavoidable;

2022: Significant and Unavoidable

Transportation: Topic: Intersection Operations:

2018:                     Significant and Unavoidable;

2022: N/A - An intersection level of service analysis is no longer required by CEQA; the analysis of transportation impacts is now provided by a VMT analysis

Transportation: Topic: Freeway Service Levels:

2018:                     Significant and Unavoidable;

2022: N/A - A freeway level of service analysis is no longer required by CEQA

Transportation: Topic: VMT

2018: N/A - A VMT analysis was not required by CEQA in 2018;

2022: Significant and Unavoidable (but less than the VMT impact for the 2018 Project had it been studied)

Transportation: Topic: Cumulative VMT:

2018: N/A - A VMT analysis was not required by CEQA in 2018;

2022: Significant and Unavoidable (but less than the VMT impact for the 2018 project had it been studied)

Air Quality: Topic: Regional Construction Emissions:

2018: Significant and Unavoidable (VOC and CO);

2022: Less than Significant Impacts with Mitigation

Air Quality: Topic: Regional Operational Emissions:

2018:                     Significant and Unavoidable (VOC, NOx, CO, PM10, and PM2.5);

2022: Significant and Unavoidable (VOC, NOx, CO, PM10, and PM2.5)

Air Quality: Topic: Regional Concurrent Construction and Operational Emissions:

2018: Significant and Unavoidable (VOC, NOx, CO, PM10, and PM2.5);

2022: Significant and Unavoidable (VOC, NOx, CO, PM10, and PM2.5)

Air Quality: Topic: Cumulative Regional Operational Emissions

2018: Significant and Unavoidable (VOC, NOx, CO, PM10, and PM2.5);

2022: Significant and Unavoidable (VOC, NOx, CO, PM10, and PM2.5)

Noise: Topic:                     Construction Noise:

2018: Significant and Unavoidable: (Pile Driving and Deep Dynamic Compaction in PA1, PA2, and PA3);

2022: Significant and Unavoidable (Pile Driving occurring in PA1, PA2, and PA3 at sensitive receptors R1 through R8; Deep Dynamic Compaction occurring in PA1 and PA2 at sensitive receptors R2 through R8; and concurrent pile driving and DDC occurring in PA1, PA2, and PA3 at sensitive receptors R1 through R8)

Noise: Topic: Cumulative Construction Noise:

2018: Significant and Unavoidable;

2022:  Significant and Unavoidable

Noise: Topic: Cumulative Operational Noise - Contribution to Roadway Noise

2018:                     Less than Significant;

2022: Significant and Unavoidable (Future Plus Project in 2024, 2025, and 2026 at three roadway segments: Main Street between Lenardo Drive and Torrance Boulevard; Del Amo Boulevard between Main Street and Stamps Drive; and Lenardo Drive between I 405 Freeway southbound ramp and Avalon Boulevard)

Public Review Process

The City of Carson circulated a Notice of Preparation (NOP) for the 2021 SEIR on April 16, 2021, with the comment period concluding on May 17, 2021. During the 30-day comment period, a total of seven comment letters were received by six agencies and one group, including: (1) Native American Heritage Commission (NAHC); (2) Los Angeles County Sanitation Districts (Sanitation Districts); (3) South Coast Air Quality Management District (SCAQMD); (4) California Department of Fish and Wildlife (CDFW); (5) California Department of Transportation (Caltrans); (6) California Air resources Board (CARB); and (7) Southwest Regional Council of Carpenters.

In addition, a public scoping meeting was held on April 29, 2021.  A 2,000-foot radius was used to invite the surrounding community members to provide comments on the project, which was attended by members of the public, but no comments were received. The NOP and letters from agencies received during the NOP comment period are included in Appendix A of the 2021 Draft SEIR.

The 2021 Draft SEIR was provided to the State Clearinghouse and in compliance with CEQA, was circulated for a 45-day review period beginning on October 29, 2021, and concluded on December 13, 2021.

A total six comment letters were received by five agencies and one group, including: (1) Los Angeles County Fire Department (LACoFD); (2) Caltrans; (3) SCAQMD; (4) CDFW; (5) Gabrieleno Band of Mission Indians - Kizh Nation; and (6) Latham and Watkins.

Following the public review period, written responses have been prepared for all significant environmental comments received, and these comments and responses have been incorporated into the 2022 Final SEIR.

Development Agreement

The Applicant submitted an application for a Development Agreement, detailing the obligations of both the Applicant and City of Carson and specifying standards and conditions that will govern future development of PA3.

Public Benefits

The DA outlines the Public Benefits that the 2021 Project will contribute to the City. The development of the Project is expected to realize significant regional and community public benefits, including the following:

1.                     Overcoming Constraint of Remediation Cost.  The 157-Acre Site is one of the largest undeveloped properties along the entire I-405 in Los Angeles County. This continued blight and vacancy is due to the extraordinary remediation costs required prior to any vertical development. While the DTSC-approved RAP was approved in 1995, the Remedial Systems necessary for the overall 157-Acre Site remain incomplete.

Despite decades of efforts by prior developers and by the Authority to remediate and develop the Site, all have failed to date since they have not been sufficiently financially feasible because of the substantial environmental remediation costs required to develop the former landfill. Accordingly, the Project represents a unique opportunity to develop a significant portion of the 157-Acre Site and remediate the underlying soil, soil vapor and groundwater issues afflicting the Site.

 

2.                     Community Amenity and Gathering Area.  The Project includes the Carson Country Mart, which will consist of approximately 11.12 acres that will serve to benefit the local community and provide a regional draw for visitors to the Site, based on the commercial uses, restaurant uses, programmed areas, open space and community amenities proposed within such area. Such uses are intended to help establish the 157-Acre Site as a community and regional focus of social activity, which will help to provide a new community center for the City.  The City has the option of programing portions of the Country Mart open space areas and will have the ability to use the lawn/event area up to three times per week.

3.                     Job Generation.  The Project entails a land use and infrastructure plan that will support the creation of a major job center in the City and significantly improve the City’s jobs-to-housing balance. The Project is proposed to provide substantial economic and employment opportunities for the community, with a goal of generating approximately 2,000 new direct construction jobs, with thousands more indirect and induced, as well as thousands of new permanent jobs.

4.                     Affordable Housing. The Developer will contribute to affordable housing in one of the following options prior to the certificate of occupancy for the last light industrial building constructed: (i) participate in any adopted City-wide affordable housing program, (ii) record a deed restriction committing to construct at least 100 units of Lower Income (at or below 80 percent of the Area Median Income) affordable housing off-site either within the Specific Plan area (e.g., PA 1 or PA 2) or at another off-site location anywhere else in the City, or (iii) pay an in lieu affordable housing fee of $3.11 per square foot of the Project’s light industrial floor area.

5.                     Insurance.  The Project will contribute to a robust insurance program for the 157-Acre Site to provide coverage to the public entities, developers, property owners and contractors carrying out construction on the 157-Acre Site, for which the Applicant is required to pay its fair share. 

6.                     Carry Costs. As part of Applicant’s agreement with Authority under the Reimbursement Agreement and Option Agreement, Applicant has agreed to reimburse CRA for a proportional share of the Carry Costs based on the pro rata acreage of PA3, which will substantially assist the Authority in its ongoing operations and maintenance of the Site.

 

7.                     Financial Support for Future Development.  Once approved, the Applicant will be required to pay $32,500,000 to the Authority (as its second and final Option Payment).  Such funds will be used by the Authority to support future development on Cell 2.   This amount is in addition to the $12,500,000 already received Authority.

 

8.                     Road Improvements. The City shall prepare and adopt a fair share ordinance or some other fair share allocation methodology to be determined by the City at a future date to determine the Developer’s proportionate obligation to fund required transportation improvements. As part of the Fair Share Contribution Requirement, City and Developer shall coordinate on the timing of funding from Developer to ensure the Developer’s contribution of its proportionate share so the City has the funding available for the improvements when they are ready for construction; Developer will also fund at City’s request a City commissioned fair share allocation study to determine the appropriate fair share amounts of the transportation-related improvement projects,

 

9.                     Re-pavement.  As part of the Fair Share Contribution Requirement, the Developer e to contribute to the repaving of certain surrounding streets in concrete to reduce future road maintenance costs for the City (refer to DOR Condition of Approval #12 in Exhibit 8, Attachment E).

 

10.                     Development Agreement Fee. A $7,500,000 payment to the City in lieu of the City’s Development Impact Fee (DIF).

In exchange for these benefits to City, the Applicant desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of the DA.

Carson Country Mart will be constructed in the first phase of development. The Carson Country Mart must be substantially completed with certificates of occupancy issued for at least half the commercial square footage and all the park area and amenities must be open to the public before any certificate of occupancy is issued for any of the light industrial buildings. In addition, certificates of occupancy must be issued for eighty percent of the Carson Country Mart’s commercial area prior to the issuance of a certificate of occupancy for the last industrial building.

Finally, following substantial negotiations between the City and the Developer following the Special Planning Commission Meeting on April 18, 2022, the terms of the Development Agreement have been revised to provide that the Developer must make a payment in the amount of $7,500,000 to the City as a Development Agreement Fee in lieu of the City’s Development Impact Fee (DIF) Ordinance (DIF Ordinance), which amount constitutes a substantial increase above the DIF amount that the Developer would otherwise be obligated for under the City’s DIF Ordinance. In addition, the Development Agreement Fee will be paid to the City much earlier to the City than would otherwise be the case if the Developer were to pay a DIF under the DIF Ordinance, since it shall be paid prior to the issuance of building permits, however the exact timing of the Development Agreement Fee payment shall be determined pursuant to separate documentation / agreements between the City and the Developer. As such the Project shall be exempt from the City’s DIF Ordinance.

Review Process

Staff provided advance copies of Site Plan and Design Review No. DOR 1877-2021 and the 2022 SEIR to the Planning Commission and received questions from individual Commissioners. After considering questions received from individual Commissioners, Staff has added the following Conditions of Approval:

Truck Traffic Restrictions:

                     Appropriate signage shall be included in the Street Improvement Plans or other appropriate plans to prohibit any truck access to and from Avalon Boulevard (i.e., prohibition on trucks either entering or exiting the project Site from Avalon Boulevard).

                     Appropriate signage shall be included in the Street Improvement Plans or other appropriate plans to prohibit trucks from making right turn from the access driveways for the industrial buildings into Lenardo Street with the exception of the driveway for building A

                     Appropriate signage shall be included in the Street Improvement Plans or other appropriate plans to prohibit trucks from making right turn from Stamps to Del Amo Boulevard. Trucks shall also be prohibited from entering the Site from west bound Del Amo Boulevard.

                     The aforementioned restrictions shall be added to the MMRP as Project Design Features including a requirement that all tenant leases include information about such restrictions.

Hours of Operation:

                     Hours of operation for the Light industrial areas will be generally permitted 24 hours per day.  However, onsite outdoor activities and outdoor operations located in the following areas (the “Outdoor Restricted Areas”) shall be restricted to 8:00 a.m. to 10:00 p.m.:

o                     Areas in and around the loading docks of Buildings A and F;

o                     Parking and access areas between Buildings A and D;

o                     Parking and access areas between Building D and Lot 14; and

o                     Parking and access areas between Lot 14 and Building F

 

                     No outdoor industrial activities or outdoor operations, including truck reverse motion alarm/beeping (other than routine ingress and egress into and around the facility) shall be permitted within the Outdoor Restricted Area between 10:00 p.m. and 8:00 a.m.

 

These conditions will be incorporated into the SEIR Findings of Fact. In accordance with CEQA Guideline 15088.5, these revisions were analyzed accordingly under CEQA and determined not to result in any new environmental impacts that would require recirculation of the 2022 SEIR. The 2021 Specific Plan Amendment and 2022 SEIR will be revised to reflect these changes prior to the City Council hearing to be scheduled for May 3, 2022.

 

Communication Received during the April 18, 2022, Special Planning Commission Hearing

 

Three written communications were received prior to the April 18, 2022, Special Planning Commission Hearing, one from the Los Angeles County Sheriff’s Facilities Planning Bureau, one from Trophy Automotive and one from the Teamsters Local Union No. 396.  Staff responded to the Sheriff’s Facilities Planning Bureau via email on April 28, 2022.

The Trophy Automotive letter stated that their business, which is located at 21140 South Avalon Boulevard, would be impacted by the Project. However, the Project includes several design features and mitigation measures to protect the community, such as a restriction of truck traffic on Avalon Boulevard (on which the business is located), which would include protections for the Trophy Automotive business itself.

The response to the Teamsters letter that City Staff has prepared in consultation with Environmental Consultant, ESA, and its Transportation Consultant, Fehr & Peers, is included as Exhibit 17 to this report. 

 

Responses to Commissioner Comments and Concerns during April 18, 2022, Special Planning Commission Hearing

 

During the April 18, 2022, special Planning Commission meeting, Commissioner Louis Diaz mentioned the recent approval of a warehouse ordinance in the City of Fontana. In response, Staff reviewed the ordinance and compared the Project’s Mitigation with that of the Fontana ordinance. Based on this comparison analysis staff determined that the Project’s Project Design Features and Mitigation Measures are superior to those of the Fontana ordinance. The comparison is included as Exhibit 18. It should also be noted that the analysis included in the 2022 DSEIR and 2022 FSEIR (including traffic, air quality, noise, and greenhouse gas) resulted in the provision of Project Design Features and Mitigation Measures to protect the community. The 2022 SEIR and related Project Conditions of Approval include numerous project design features, mitigation measures and project requirements, all designed to ensure that impacts to surrounding sensitive receptors are addressed to the fullest extent possible. 

 

As stated previously, the light industrial buildings within PA3(a) would maintain a variety of setbacks from the property line along the Torrance Lateral. The setbacks would be 55.5 feet at Building F; 70 feet at Building D (with the implementation of Mitigation Measure B-1); and 113 feet at Building A. In addition, the Torrance Lateral would provide an additional buffer of 75 feet from the property line to the nearest off-site residential uses. All loading areas would be screened by the orientation of the building and/or the installation of sound walls of up to 16 feet in height, as well as landscaping along the perimeter of the Site. Therefore, adequate buffers between the light industrial uses and adjacent residential uses (both on and off-site) would be provided.

 

In addition, the Applicant must comply with PDF-A-4 to maintain vegetation and tree canopy along the project perimeter near off-site residents adjacent to the project area. Tree canopy coverage along the perimeter must have a width of at least 20 feet with continuous unbroken coverage within 5 years subject to any limitations posed by the underlying geotechnical conditions or the specimen requirements.

 

All industrial loading dock areas will include concrete block walls and gated access for security purposes. The standard height of such security walls is 12 feet, as provided for Buildings B, C, and E. However, due to the proximity of Buildings A, D, and F to noise-sensitive uses, the height of the walls associated with these buildings has been increased to 16 feet (Building A and the south/southwestern side of Building F and to the edge of utility lot), and 14 feet (Building D and northern and northwestern side of Building F).

 

Several operational restrictions have also been imposed to minimize disturbance to surrounding residents including no activity zones within the Site during specified evening hours and prohibitions on both truck queuing on surrounding streets and truck usage of Avalon Boulevard.

 

V.                     FISCAL IMPACT

See Development Agreement Section of this staff report.

 

VI.                     EXHIBITS

1.                     Special Planning Commission Minutes, April 18, 2022

2.                     Special Planning Commission Staff Report, April 18, 2022

3.                     Planning Commission Resolution No. 22-2831 - Recommending CC Approval of SPA 27-2021, DA 29-2021 and GPA 112-2021

4.                     Planning Commission Resolution No. 22-2830 - Adopting CEQA Findings, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations; Certifying Final SEIR; and Approving DOR 1877-2021 and VTTM 83481 (contingently approved by Planning Commission)

5.                     City Council Resolution No. 22-073 Adopting General Plan Amendment No. GPA 112-2021

6.                     City Council Ordinance No. 22-2207 Adopting District at South Bay Specific Plan Amendment No. SPA 27-2021

7.                     City Council Ordinance No. 22-2208 Adopting Development Agreement No. DA-29-2021

8.                     City Council Resolution No. 22-085 upholding Planning Commission approval of Resolution 22-2830 Adopting CEQA Findings, Certifying the SEIR to the Final District at South Bay Specific Plan EIR, approving the Mitigation Monitoring and Reporting Program, and approving a Statement of Overriding Considerations; and Approving DOR 1877-2021 and VTTM No. 83481

9.                     District at South Bay Specific Plan Amendment redline

10.                     General Plan Amendment No. GPA 1887-2021

11.                     District at South Bay Development Agreement No. DA 29-2021

12.                     Site Plan and Design Review No. DOR 27-2021

13.                     Vesting Tentative Tract Map No. VTTM 83481

14.                     Final Supplemental Environmental Impact Report

15.                     CEQA Findings of Fact and Statement of Overriding Considerations

16.                     Draft Supplemental Environmental Impact Report (Under separate cover and can be found at Hard copies will be available for review at the City Council meeting.)

17.                     Response to Teamsters Local Union No. 396 letter

18.                     Comparison of Project Mitigation to Fontana Warehouse Ordinance

19.                     Specific Plan Amendment Errata

20.                     Conditions of Approval DOR 1877-2021 Errata

21.                     Conditions of Approval VTTM 83481 Errata

22.                     Conditions of Approval SPA 27-2021 Errata

 

                             All EXHIBITS CAN BE FOUND AT:

https://ci.carson.ca.us/CommunityDevelopment/TheDistrict2021.aspx

 

 

 

Prepared by:  Gena Guisar, Contract Planner/Saied Naaseh, Community Development Director