HomeMy WebLinkAboutReso 01-2004RESOLUTION NO. 1-2004
CITY COUNCIL CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING A MITIGATED NEGATIVE
DECLARATION, INCLUDING A STATEMENT OF OVERRIDING
CONSIDERATIONS AND MITIGATION MONITORING AND
REPORTING PROGRAM AND APPROVING A VESTING TENTATIVE
MAP AND USE PERMIT TO ALLOW DEVELOPMENT OF 8.48 ACRE
MIXED-USE TRANSIT VILLAGE PROJECT AND MAKING FINDINGS
RELATED THERETO
WHEREAS, Fairfield Residential LLC has proposed a mixed residential/retail/commercial
project consisting of 360 multi-family residential units and 23,000 square feet of retail/commercial
space located in the Transit Village District ("Project"); and
WHEREAS, in order to construct the Project, Fairfield must obtain approval of a Vesting
Tentative Map and Use Permit; and
WHEREAS, in accordance with the California Environmental Quality Act, a Mitigated
Negative Declaration has been prepared for the Project and circulated for public review; and
WHEREAS, based on recent court rulings construing the California Environmental Quality
Act, it is necessary to adopt a new Statement of Overriding Considerations that analyzes the benefits
of the Project that justify overriding certain environmental impacts previously identified in the
General Plan Environmental Impact Report of 1999; and
WHEREAS, the South San FranCisco Planning Commission held duly noticed public
hearings on October 16, 2003, November 6, 2003 and December 4, 2003, to consider the Project and
related approvals; and
WHEREAS, on December 4, 2003, the Planning Commission recommended that the City
Council approve the entitlements requested to permit development of the Project; and
WHEREAS, the Project meets or exceeds all requirements of the City of South San Francisco
Municipal Code ("SSFMC") for a development of this type; and
WHEREAS, the City Council has exercised its independent judgment in reviewing the
Project based on the entirety of the record which consists of, but is not limited to, the following: the
City of South San Francisco General Plan adopted in 1999 and as amended from time to time; the
Environmental Impact Report dated 1999 prepared for the General Plan, including the Statement of
Overriding Considerations and Mitigation Monitoring and Reporting Program adopted concurrent
with the 1999 EIR; public testimony and materials submitted to the City of South San Francisco
Planning Commission which include, but are not limited to: the site plans, floor plans, elevations and
color and materials boards, revised October 10, 2003, prepared by Kwan Hemni Architecture/
Planning; Preliminary Landscape Plans, revised October 10, 2003, prepared by Ima Design, and
Vesting Tentative Map, revised October 10, 2003, prepared by Charles Davidson Company,
"Preliminary Transportation Demand Management Program," prepared by Fairfield Residential;
Initial Study/Mitigated Negative Declaration, Fairfield Residential Mixed-Use Project and Response
to Comments; Planning Commission staff reports dated October 16, 2003, November 6, 2003 and
December 4, 2003; testimony received at the October 16, 2003, November 6, 2003, and December 4,
2003 Planning Commission meetings; and the testimony and materials received at the January 14,
2004, duly noticed public hearing of the City of South San Francisco City Council.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of South San
Francisco, that the City Council does hereby find as follows:
The subject site is physically suitable for the type and intensity of the land use being proposed.
The suitability of the site for development was analyzed thoroughly in the South San Francisco
General Plan Environmental Impact Report and the environmental document prepared for the
project. Additionally, a Mitigated Negative Declaration was prepared for the Project that further
analyzed project specific topography and surrounding uses. Both the General Plan EIR and the
project Mitigated Negative Declaration conclude that the project site is relatively flat and can
accommodate the proposed development.
The Project, including the Tentative Map is consistent with the General Plan, which designates
the property for mixed-use commercial/retail and high-density residential uses. Mixed-use
commercial and high-density residential uses are considered an appropriate use under this
designation, The following policies specifically support the Project:
Guiding Policy 2-G-3 - Provide land use designations that maximize benefits of
increased accessibility that will result from BART extension to the city and adjacent
locations.
b)
Guiding Policy 2-G-7 - Encourage mixed-use residential, retail, and office
development in centers where they would support transit, in locations where they
would provide increased access to neighborhoods that currently lack such facilities,
and in corridors where such developments can help to foster identity and vitality.
c)
Implementing Policy 3.4-1-3 - In partnership with property owners, area residents,
and BART and other agencies, develop the approximately 8-acre McLellan
Boulevard Extension area as a pedestrian-oriented spine fronted by active uses.
d) Implementing Policy 3.4-1-5 - Establish transit-supportive development requirements
for approximately 8-acre station area.
e) Policy 4.2-G-10 - Exempt development within the one-quarter mile of a Caltrain or
BART station or a City-designated ferry terminal from LOS standards.
The Project meets or exceeds the City's minimum standards and requirements, established in
Chapter 20.27, Transit Village Zoning District, which designates the site as TV-C, Transit
Village Commercial and TV-RH, Transit Village Residential, High-Density as further analyzed
below:
o
The Project includes commercial and residential uses and, thus, meets the City
requirements for retail uses or eating and drinking establishments on the ground floor
with either commercial office and high density residential uses on upper floors,
established in Sections 20.47.020, Sub-districts and 20.47.030, Land Uses in the
Transit Village Zoning District.
b)
The Project will not exceed 50 residential units per acre and, thus, meets the City's
maximum density requirement of 50 units per acre for a high-density residential
project, established in Section 20.47.040, Regulations and Standards in the Transit
Village Zoning District.
c)
The Project will not exceed a height of 47 feet and, thus, meets the City's maximum
height requirement of 55 feet for the site, established in Section 20.47.040,
Regulations and Standards in the Transit Village Zoning District.
d)
The Project will provide a ratio of 1.5 parking spaces per residential units and, thus,
meets the City's parking standards, established in Section 20.47.040, Regulations and
Standards in the Transit Village Zoning District and Chapter 20.74, Off-Street
Parking and Loading Regulations.
e)
The Project complies with the City development and design standards for street
frontages,.parking garage locations, building design, open space areas, pedestrian-
orientation and project amenities, established in Section 20.47.040, Regulations and
Standards in the Transit Village Zoning District.
The Project includes a mix of below market rate units consistent with the requirement
of South San Francisco Municipal Code Chapter 20.125 and is implemented by an
Affordable Housing Agreement as required in the Inclusionary Zoning Ordinance.
The Project is consistent with the goals and objectives of the E1 Camino Real Corridor
Redevelopment Project Area, and specifically with the following:
a) To create and develop high-density residential development adjacent to the South
San Francisco BART Station.
b) To replan, redesign and develop areas which are stagnant or improperly used.
c) Provides below market rate units affordable to persons earning less than 80% of the
median income for wage earners in San Mateo County.
An Initial Study/Mitigated Negative Declaration has been prepared for the project in accordance
with the provisions of CEQA. Mitigation measures have been incorporated into the project,
which will reduce all the identified impacts to a less than significant level. Those impacts that
cannot be mitigated, particularly cumulative impacts as previously analyzed in the General Plan
EIR, are subject to override in accordance with CEQA and as further analyzed in Exhibit A.
Analysis: The environmental impacts of the proposed development have been analyzed in two
prior environmental documents prepared by the City under CEQA. The City of South San
Francisco certified an Environmental Impact Report for its 1999 General Plan which analyzed
the Project site as a mixed-use residential/commercial high density project. In 2001, the City
adopted a Negative Declaration which analyzed the impacts of South San Francisco BART
Transit Village Plan ("Transit Village Plan") which implemented the General Plan policies and
development standards for a mix of uses of sufficient density on the site to create a vibrant
pedestrian-oriented center. The Transit Village Plan included zoning standards, design guidelines
and implementation measures for the Project site. The Transit Village Plan permits a density of
50 units per acre (with an additional density bonus for affordable units) and up to 30,000 square
feet of commercial at a FAR of 2.0. The Negative Declaration for the Transit Village Plan
concluded that development under the Plan would result in no significant environmental impacts.
The Project is consistent with the Transit Village Plan as analyzed under the Negative
Declaration. The environmental impacts of development of project site and surrounding area
also have been analyzed in several recent EIRs: the BART Station Plan EIR; the Hickey
(McLellan) Boulevard Extension Plan EIR; the E1 Camino Corridor Redevelopment Plan EIR
and the Costco Project EIR.
Pursuant to CEQA Guidelines section 15093, the City Council of the City of South San
Francisco adopted a Statement of Overriding Considerations for those impacts identified in the
General Plan EIR as significant and unavoidable (Resolution 99-135). In accordance with CEQA
standards for streamlining and tiering environmental review, these prior environmental
documents may be used and relied on in evaluating the environmental impacts of the Project.
Based on such documents, the Statement of Overriding Considerations is attached hereto and
incorporated herein as Exhibit A.
The Project will not be adverse to the public health, safety, or general welfare of the community,
nor unreasonably detrimental to surrounding properties or improvements. The Project includes
pedestrian walkways, public infrastructure improvements, affordable housing consistent with the
City of South San Francisco's Inclusionary Ordinance and provides 23,000 square feet of
commercial/retail development that will assist in off-setting the costs of public services to the
Project. Additionally, the Redevelopment Agency of the City of South San Francisco will realize
tax increment funds from the redevelopment of the Property. Based on these and other factors in
the record, the Project will not be adverse to the public health, safety or general welfare and will
likely increase the value of surrounding properties by redeveloping blighted, vacant property.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
South San Francisco hereby:
Adopts a Statement of Overriding Considerations for the Fairfield
Residential/Mixed Use Project;
Approves Mitigated Negative Declaration MND-08-0088 and the Mitigation
Monitoring and Reporting Program included therein;
o
Approves the Vesting Tentative Map and Conditional Use Permit for the
Fairfield Residential/Mixed Use project.
o
Approves the Vesting Tentative Map and Conditional Use Permit for the
Fairfield Residential/Mixed Use project.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a regular meeting held on the 14th day of January
2004 by the following vote:
AYES:
NOES:
ABSTAiN:
ABSENT:
Councilmembers Joseph A. Femekes, Richard A. Garbarino, and Pedro Gonzalez,
and Vice Mayor Raymond L. Green
None.
None.
Mayor Karyl Matsumoto
ATTEST:
City Clerk
STATEMENT OF OVERRIDING CONSIDERATIONS
1. General. Pursuant to CEQA Guidelines section 15093, the City Council of
the City of South San Francisco adopted a Statement of Overriding Considerations for
those impacts identified in the General Plan Environmental Impact Report ("EIR") as
significant and unavoidable. (Resolution 99-135, October 13, 1999.) The City Council
carefully considered each impact in its decision to approve transit oriented development
with a high density, mixed use character near the Bay Area Rapid Transit station through
approval of the 1999 General Plan. Additionally, in 2001, the City adopted a Negative
Declaration ("ND") which analyzed the impacts of South San Francisco BART Transit
Village Plan ("Transit Village Plan") which implemented the General Plan policies and
development standards for a mixed of use of sufficient density on the site to create a
vibrant pedestrian-oriented center. The Transit Village Plan included zoning standards,
design guidelines and implementation measures for the Project site. The Transit Village
Plan permits a density of 50 units per acre (with an additional density bonus for
affordable units) and up to 30,000 square feet of commercial at a FAR of 2.0. The
Negative Declaration for the Transit Village Plan concluded that development under the
Plan would result in no significant environmental impacts. The proposed project is
consistent with the Transit Village Plan as analyzed under the Negative Declaration.
The environmental impacts of development of project site and surrounding area
also have been analyzed in several recent EIRs: the BART Station Plan EIR; the Hickey
(McLellan) Boulevard Extension Plan EIR; the E1 Camino Con-idor Redevelopment Plan
EIR and the Costco Project EIR. The Project is consistent with the High Density, Mixed
Commercial/Retail use designations for the site, as analyzed in the General Plan EIR and
updated in the Transit Village Zoning District ND. The Project contains design and
environmental protection measures to implement adopted mitigation measures from the
previous EIR and ND.
The City Council adopted a Statement of Overriding Considerations with the
original land use approvals, i.e. the General Plan re-designations for the 8 acre parcel
located near the BART Station. Pursuant to a recent court decision, the City Council
hereby adopts specific overriding considerations for the Fairfield Project. ~ The City
Council believes that many of the unavoidable environmental effects identified in the
South San Francisco General Plan EIR that are applicable to the Project site will be
substantially lessened by mitigation measures adopted with the original approval, with
the previous Transit Village Zoning District approvals, and by the environmental
protection measures adopted through the current Project approval, and further
implemented through the related Conditions of Approval for the Project, including the
Mitigation Monitoring and Reporting Plan for the Fairfield Mitigated Negative
Declaration. Even with mitigation, the City Council recognizes that the implementation
of the project carries with it unavoidable adverse environmental effects as identified in
~ "...public officials must still go on the record and explain specifically why they are approving the later
project despite its significant unavoidable impacts." (emphasis original.) Communities for a Better
Environment v. California Resources Agency 103 Cal. App. 4th 98, (2002).
the South San Francisco General Plan EIR. The City Council specifically finds that to
the extent the identified adverse or potentially adverse impacts for the Fairfield Project
have not been mitigated to acceptable levels, there are specific economic, social,
environmental, land use, and other considerations that support approval of the Project.
2. Unavoidable Significant Adverse Imoacts. The following unavoidable
significant environmental impacts identified in the South San Francisco General Plan EIR
for future development apply to the Fairfield Project:
1. Emissions of ozone precursors (ROG and NOx) and PM-10 largely due to
increase in vehicle-miles-traveled. The City has imposed numerous performance
standards as identified in the Fairfield MND to reduce its environmental impacts.
The following considerations support approval of the Project:
The Project's below market rate housing substantially assists the City in
meetings its obligation to provide 771 units of below market housing by the
year 2006, which is the share of the regional housing need allocated to South
San Francisco by the Association of Bay Area Governments (ABAG). The
Project's contribution addresses the City's concern about the inability of
residents, particularly the younger and older citizens, to find affordable
housing in the community.
b)
The Project site represents the primary parcel on which Transit Oriented
Development can occur in the City. It is adjacent to commercial uses,
contains a mixture of commercial, retail and residential uses, has easy access
to recently completed BART station and is served by major streets. The
Project's provision of 360 residential units will assist the City in maintaining
an appropriate housing to jobs balance. Additionally, the commercial/retail
component of the Project will generate increased sales tax and, because the
Project is in the E1 Camino Redevelopment Plan Area, will result in the
redevelopment of presently blighted property to its highest and best use. Such
redevelopment results in increased tax increment to the City which can then
be used to develop additional low income housing.
c)
The increased housing density of the Project helps lower the cost per unit to
the consumer. Housing costs are acknowledged as one of the two most severe
growth problems in the Bay Area.
d)
The Project contains open space between the buildings, pedestrian walkways,
landscaping both within the Project and fronting the street, and outdoor
passive recreation areas. Additionally, the Project provides a monetary
contribution of $600 per unit in excess of that required by the Child Care
Impact Fee ordinance.
e)
The Project is designed to take advantage of and promote the use of public
transit by using a lower parking ratio and constructing pedestrian walkways
linking the Project to the adjacent BART Station.
0 The Project includes a contribution to construct a public art display for the
benefit of the Project and surrounding neighborhoods.
g)
The Project implements the vision of the City Council as identified in the
1999 General Plan and Transit Village Zoning District by including a grocery,
other retail and commercial uses and quality high density residential units that
enhance the character of the community, preserve and enhance critical
environmental resources, and minimize hazards.
h)
The Project implements the policies of the General Plan that encourage
development where activities and facilities used on a frequent basis by
residents, such as stores and parks, be easily accessible to residents.
i) The Project includes specific urban design policies that will provide a
cohesive image and identity for E1 Camino Real corridor.
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