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