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HomeMy WebLinkAboutPC Meeting 12-15-22 (Reso 2908-2022) - 421 Cypress Ave CEQACity of South San Francisco Resolution 2908-2022 P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-578 Agenda Date:12/15/2022 Version:1 Item #:3a. Resolution making findings and determining that the proposed 421 Cypress Avenue, 209 & 213 Lux Avenue Project is consistent with an adopted Program Environmental Impact Report/Addendum for the Downtown Station Area Specific Plan and, based on the Environmental Consistency Analysis, would not necessitate the need for preparing a subsequent environmental document pursuant to the criteria of CEQA Guidelines Sections 15162 and 15168, and based on that analysis is also statutorily and categorically exempt from CEQA pursuant to Government Code Section 65457, Public Resources Code Section 21166, and CEQA Guidelines Sections 15168 and 15332. WHEREAS, the applicant has proposed construction of a high-density mixed-use residential development, consisting of 99 rental units, 1,500 sq. ft. of retail space, and 99 parking spaces over 0.583 acres on three parcels at 421 Cypress Avenue, 209 & 213 Lux Avenue (APNs: 012-314-070, 012-314-080, and 012-314-090) collectively referred to as “Project Site” in the City; and WHEREAS, the proposed Project is located within the Downtown Station Area Specific Plan (“DSASP”) area; and WHEREAS, the applicant seeks approval of a Design Review (DR21-0005), Transportation Demand Management Plan (TDM21-0002) and Density Bonus (DB22-0001) for the Project; and, WHEREAS, approval of the applicant’s proposal is considered a “project” for purposes of the California Environmental Quality Act, Pub. Resources Code §21000, et seq. (“CEQA”); and WHEREAS, the City Council certified an Environmental Impact Report (“EIR”) on January 28, 2015 (State Clearinghouse number 2013102001), in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA Guidelines, which analyzed the potential environmental impacts of the development of the DSASP; and WHEREAS, the City Council also adopted a Statement of Overriding Considerations (“SOC”) on January 28, 2015, in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA Guidelines, which carefully considered each significant and unavoidable impact identified in the EIR and found that the significant environmental impacts are acceptable in light of the project’s economic, legal, social, technological and other benefits; and WHEREAS, CEQA provides for limited environmental review of subsequent projects under a program EIR (CEQA Guidelines Sections 15162 and 15168), where components of a subsequent project must be examined in the light of the program EIR to determine whether any additional environmental analysis must be conducted; and WHEREAS, the City, in conjunction with the applicant’s environmental consultant, Netto Planning Services LLC, prepared an Environmental Consistency Analysis (ECA) to examine the proposed project regarding theCity of South San Francisco Printed on 12/9/2022Page 1 of 6 powered by Legistar™ File #:22-578 Agenda Date:12/15/2022 Version:1 Item #:3a. LLC, prepared an Environmental Consistency Analysis (ECA) to examine the proposed project regarding the need to conduct additional environmental analysis; in addition, the City examined whether any CEQA exemptions would be applicable to the proposed project in addition to the analysis under Sections 15162 and 15168; and WHEREAS, as demonstrated by the ECA and the record below, the project is exempt from CEQA pursuant to Government Code Section 65457, as it is a residential development project that is being undertaken pursuant to a specific plan for which an EIR was prepared and certified and no event specified in Public Resources Code Section 21166 has occurred; and WHEREAS, as demonstrated by the ECA and the record below, the Project is also exempt pursuant to CEQA Guidelines Section 15332 as it is a qualified in-fill development project; and WHEREAS, as demonstrated by the ECA and the record below, even if the Project were not exempt from CEQA pursuant to the above-listed exemptions, in accordance with the requirements of CEQA Guidelines §15162, the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the DSASP EIR certified by City Council nor would new mitigation be required; and WHEREAS, on December 15, 2022, the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed entitlements and environmental effects of the Project and take public testimony; and WHEREAS, the Planning Commission has reviewed and carefully considered the information in the ECA, attached hereto as Exhibit A, at a duly noticed public hearing held on December 15, 2022, as objective and accurate documents that reflect the independent judgment of the City in the identification, discussion and mitigation of the Project’s environmental impacts, and considered all testimony and evidence presented at the hearing and in the record before it. NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco General Plan and General Plan EIR; the Downtown Station Area Specific Plan and the Downtown Station Area Specific Plan EIR; the South San Francisco Municipal Code; the Project applications; the Project Plans, as prepared by Studio T-Square, dated August 6, 2021; the Environmental Consistency Analysis, as prepared by Netto Planning Services LLC, dated December 15, 2022, including all appendices thereto; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed December 15, 2022 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the Planning Commission of the City of South San Francisco hereby finds as follows: SECTION 1 FINDINGS General 1. The foregoing recitals are true and correct and made a part of this Resolution. City of South San Francisco Printed on 12/9/2022Page 2 of 6 powered by Legistar™ File #:22-578 Agenda Date:12/15/2022 Version:1 Item #:3a. 2. Exhibit A attached to this Resolution, the Environmental Consistency Analysis and supporting documents prepared by Netto Planning Services, dated December 15, 2022, are incorporated by reference and made a part of this Resolution, as if set forth fully herein. 3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of the Chief Planner. California Environmental Quality Act (CEQA) 1. For the reasons stated in this Resolution, the Project is exempt from CEQA pursuant to Government Code § 65457(a) as a residential project consistent with and undertaken to implement the DSASP and no event specified in Public Resources Code § 21166 has occurred because: a. No substantial changes are proposed to the DSASP as part of the Project, which would require major changes to the DSASP EIR. This is supported by the fact that the Project is consistent with the DSASP and proposes no changes or amendments to the DSASP itself. As there are no proposed changes to the DSASP, there are no changes which would require revisions to the DSASP EIR. b. No substantial changes have occurred with respect to the circumstances under which the Project is to be undertaken to implement the DSASP that will require major revisions to the DSASP EIR due to the involvement of new significant effects or a substantial increase in the severity of previously identified effects. This is supported by the fact that the DSASP EIR was only certified in 2015 and the circumstances surrounding the implementation of the DSASP are substantially similar to the current circumstances. c. No new information, which was not known at the time the EIR was certified as complete, has become available justifying preparation of a supplemental or subsequent EIR. 2. For the reasons stated in this Resolution, the Project is also exempt from CEQA pursuant to CEQA Guidelines § 15332: Class 32 as an in-fill development project because: a. As described in the record, the Project is designed to be consistent with the City’s General Plan, all applicable General Plan policies and zoning designations and regulations, with approval of a General Plan Amendment and Zoning Map Amendment (which are also consistent with the draft General Plan 2024 update currently underway). b. The Project will be located within the City’s limits, on a site of less than five acres and will be surrounded by urban uses in a built-out downtown environment. c. The Project Site has no value as habitat for endangered, rare, or threatened species as it is in a built-out environment and is currently disturbed as the site of an existing building and parking lot. City of South San Francisco Printed on 12/9/2022Page 3 of 6 powered by Legistar™ File #:22-578 Agenda Date:12/15/2022 Version:1 Item #:3a. d. As supported by the findings of the ECA, approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. e. The Project can be adequately serviced by all required utilities and public services. 3. For the reasons stated in this Resolution, there is not substantial evidence in the record to support a fair argument that approval of the Project will result in significant environmental effects beyond those adequately evaluated and addressed by the DSASP EIR nor would the Project require any new mitigation measures because: a. The Project does not propose substantial changes to the DSASP Project, which will require major revisions of the DSASP EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. No substantial changes have occurred with respect to the circumstances under which the DSASP Project is undertaken which will require major revisions of the DSASP EIR due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects; c. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the DSASP Program EIR was certified as complete, shows any of the following: i. The Project will have one or more significant effects not discussed in the DSASP EIR; ii. Significant effects previously examined will be substantially more severe than shown in the previous EIR; iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the Project proponents decline to adopt the mitigation measure or alternative; or iv. Mitigation measures or alternatives which are considerably different from those analyzed in the DSASP EIR would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative. 4. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, including but not limited to the Environmental Consistency Analysis, as prepared by Netto Planning Services LLC, dated December 15, 2022, and attached hereto as Exhibit A, the Planning Commission, exercising its independent judgment and analysis, finds that the Project is statutorily and categorically exempt from CEQA pursuant to Government Code §65457(a) and CEQA Guidelines § 15332: Class 32 and pursuant to CEQA Guidelines § 15168(c), the Project falls within the environmental parameters analyzed in the DSASP EIR, and further finds that the Project would not result in any new significant environmental effects or a City of South San Francisco Printed on 12/9/2022Page 4 of 6 powered by Legistar™ File #:22-578 Agenda Date:12/15/2022 Version:1 Item #:3a. EIR, and further finds that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the DSASP EIR certified by City Council nor would new mitigation be required by the Project. These findings are supported by the fact that, consistent with the DSASP EIR Mitigation Monitoring and Reporting Program, the Project prepared an Air Quality, Greenhouse Gas (GHG) Emissions Assessment and Health Risk Assessment (HRA), an Historic Resources Analysis, a Noise and Vibration Analysis, a Shadow Analysis, and a Traffic and Circulation Analysis, all of which determined that the Project would not result in any new impacts not adequately evaluated and addressed by the DSASP EIR and Statement of Overriding Considerations. SECTION 2 DECISION NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco hereby makes the findings contained in this Resolution and determines that the Project is statutorily and categorically exempt from CEQA pursuant to Government Code §65457(a) and CEQA Guidelines § 15332: Class 32, and the environmental effects of the Project were sufficiently analyzed under the Downtown Station Area Specific Plan (DSASP) Program Environmental Impact Report (EIR), per the requirements of the California Environmental Quality Act (CEQA) as analyzed in the Environmental Consistency Analysis, and concludes that no further environmental review is required. BE IT FURTHER RESOLVED that the resolution shall become effective immediately upon its passage and adoption. City of South San Francisco Printed on 12/9/2022Page 5 of 6 powered by Legistar™ Attest:__________________________________ Tony Rozzi Secretary to the Planning Commission I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San Francisco at a regular meeting held on the 15th day of December, 2022 by the following vote:AYES: NOES: ABSTENTIONS: ABSENT: Chair Shihadeh, Vice Chair Tzang, Faria, Fernandez, Funes, Evans, Murphy ______________________________________________________________ ______________________________________________________________ ____________________________________________ * * * * * * * City of South San Francisco Page 6 of 6