2023-06-20 City Council - Full Agenda- Regular Meeting

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Staff Report to the Mayor and City Council Appeal - Zoning Entitlements for Agua Mansa Logistic Center June 20, 2023 Page 3 c. Tentative Parcel Map No. 20358 to consolidate lots from 11 to 2 lots; one for each building site. d. Determination that the project is consistent under the California Environmental Quality Act (CEQA) Guidelines Section 15183 and is found to be in conformance with the analysis and conclusions of the General Plan Environmental Impact Report (EIR) and that no further CEQA documentation is required. At the February 28, 2023 meeting, the Commission raised a number of questions and comments and continued the item which was rescheduled for the April 11, 2023 meeting. Three members of the public spoke in opposition to the project because of truck traffic, air quality and other environmental impacts associated with warehouse projects. Two contractor union representatives spoke in favor of the project. Staff presented responses to their questions at the Commission at the April 11, 2023 meeting. These questions related to truck traffic concerns, the increase in height of Building 1 from the original 95 foot proposal to 130 feet, firefighting concerns and questions regarding the Development Agreements. Since the consultant’s team was unavailable to participate at the April 11, 2023 meeting, the item was continued to the April 25, 2023 meeting. At the April 25, 2023 meeting, the Planning Commission received additional testimony from staff, the applicant and the public. Commission members expressed land use compatibility concerns related to the proposed 130 foot height of Building 1 at which time a representative from the applicant’s team offered that the applicant is willing to reduce the height back to the original 95 foot proposal. Instead of considering a motion with a condition of approval requiring the height be changed to 95 feet from 130 feet, the Commission requested that staff return with a modified draft resolution that identified the height of Building 1 at 95 feet along with development plans that reflected the 95 foot tall building (Building 1). The item was continued again to the May 9, 2023 meeting date at which time the Commission voted 4 -1 (Commissioner Baden voting No) approving all the entitlements including the Conditional Use Permit to allow Building 1 to be 95 feet tall. On May 18, 2023, the Planning Division received an appeal letter from Marlene Salazar Pongs (“Appellant”), property owner within the public noticing radius who resides in a non-conforming single family home at 603 Agua Mansa Road, located approximately 53 feet on the north side of Agua Mansa Road. The Appellant is appealing all the zoning entitlements approved by the Planning Commission including the CEQA determination. (Attachment 1) The grounds for appeal of the Planning Commission’s approval (as stated in the appeal letter) are stated as follows: 1.1 Packet Pg. 13